HomeMy WebLinkAbout12-4004IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. 0 •'700 r . = .?
VS. ?
ROBERT L. SLAGLE
3
QC')
ENTRY OF APPEARANCE CONFESSION
OF JUDGMENT ?r
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,
Robert L. Slagle
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:
Eliza eth Goldstein, Esquire
Attorney for Defendant
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93965361
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO.
vs. ::X
ROBERT L. 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 Robert L. Slagle ("Mr. Slagle"), an adult individual last known to
reside at 8 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania.
3. Defendant, Mr. Slagle, for good and valuable consideration, made and executed in
favor of Plaintiff, Orrstown Bank, a Commercial Guaranty dated May 25, 2001 wherein Mr.
Slagle 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.
93965362
5. The Promissory Note dated May 25, 2001 was subsequently amended on June
30, 2003 pursuant to a Mortgage Note Modification Agreement and 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 a Mortgage Note Modification Agreement
and Change in Terms of Agreement is attached hereto as Exhibit "B" and Exhibit "C"
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
Promissory 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, Mr. Slagle owes Plaintiff, Orrstown Bank, the following under the terms
of said Commercial Guaranty:
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
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.
93965362
9. Judgment has not previously been entered on said 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, Robert
L. Slagle, in the amount of $697,074.62.
Dilworth Paxson, LLP
By: a" i -
Elizabeth Goldstein, Esquire
Martin J. Weis, Esquire
Dilworth Paxson LLP
112 Market St., Suite 800
Harrisburg, PA 17101
(717)236-4812
93965362
Exhibit "A"
COMMERCIAL iGUARANT"
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References in theshaded area are for Lender's use only and do not limit the.applicabli ty of this document to any particular ban or item.
An Item above contains '"" has been omitted due to text length limitations.
Borrower: SUSAN DEREMER SLAGLE
12B1 CLAREMONT RD.
CARLISLE, PA 17013
Guars ttor: ROBERT L. SLAGLE,
8 FOXFIELD CT.
MECHANICSBURG, PA 17050
Lender: ORRSTOWN BANK
SILVER SPRING OFFICE
3 BADEN POW ELL LANE STE. 1
MECHANICSBURG, PA 17050
AMOUNT OF GUARANTY. This Is a guaranty of payment of the Nota, Including without limitation the principal Note amount of One Million Fifty
Thousand & 00/100 Dollars ($1,050,000.00).
GUARANTY. For good and valuable consideration, ROBERT L. SLAGLE (OGuarantor") absolutely and unconditionally guarantees and
promises to.pay to ORRSTOWN BANK ('Lander) or its order, on. demand, in legal tender of the United States of America, the indebtedness
(as that term is defined below) of SUSAN DEREMER SLAGLE (Torkowee) to Lender on the terms and conditions set forth In this Guaranty.
MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness
described- herein, plus all toms and expenses of (A) enforcement of this Guaranty and (B) collection and sale of any collateral securing this Guaranty.
The above limitation on Witty Is not a restriction on the amount,Qf 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, Lender's rights tricot' 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
liability will be Guarantor's aggregate liability under the terns of this Guaranty and any such other unterminated guaranties.
INDEBTEDNESS GUARANTEED. The Indebi KMess guaranteed by this Guaranty inckrdes the Note, including (a) all principal, (b) all interest, (c) all
late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses refatirtg to the Mote 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 take effect when received by Lender without the necessity of any acceptance by Lender, or any notice
to Guarantor or to Borrower, and will continue In full force until all indebtedness shall have been fully and finally paid and satisfied and all of Guarantors
other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the
Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not
affect the liability of any remaining Guarantors under this Guaranty.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lertiar, without notice or demand and wittmd lessening Guarantor's
iiablilty under this Guaranty, from time to tkrtes (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or
other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to after, compromise, renew, extend, accelerate, or otherwise
change one or more tines the time for payment or ether terms of the Indebtedness or any part of the Indebtedness, Including increases and decreases
of the rate of Interest on the Indebtedness; extensioris 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 Indebtedness, 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
sureties, endorsers, or other guarantors on any tarms or in any manner Lender may choose; (E) to determine how, when and what application of
payments and credits shall be, made on the ti taness (F) to apply such security and direct the order or manner of sale thereof, including without
limitation, any noryudiciat 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, assign or grant participations 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 made to Guarantor wttk:h wed limit or qualify in any way the temps of this Guaranty; (B) this Guaranty is executed at
Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter Into this Guaranty; (D) 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, tease, 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 Lender financial and credit Information in form acceptable to Lender, and all such financial
inib[ma on 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 iformation ?s provided; (G) no material adverse change has
occurred in Guarantor's financial condition sh" 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
('melxiitg those for unpaid taxes) against Guarantor Is pending or threatened; (1) Lender has made no representation to Guarantor as to the
creditworthiness of Borrowers; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information
regarding Borrower's fknanclai condition. Guarantor agrees to keep adequately Informed from such means of any facts, events, or circumstances which
might In any way affect Guarantor's risks under this 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.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to
extend other credit to Borrower, (B) to make any presentment, protest, demand, or notice 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 nonactlon on the part of Borrower, Lender, any surety, endorser,
or other guarantor in connection with the Indebtedness or In connection with the creation of new or additional bans 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 heid by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public 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, if now or hereafter Borrower is or shall became 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 Lender and Borrower, and Lender's and
Borrower's respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Harrower, by
subrogation or otherwise, so that at no time shalt Guarantor beor become a 'creditor' of Borrower within the meaning of 11 U.S.C. Section 547(b), or
any successor provision of the Federal bankruptcy taws.
COMMERCIAL GUARANTY
(Continued) Page ,2
Guarantor also waives any and all rights or defenses arising by reason of (A) any "one action" or "anti-deffelency" law or any other law which may
prevent lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of
any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely
affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without Ihnftatlon, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower,
of any other guarantor, or of any other person, or by reason of the cessation of Borrowers iiabnity from any cause whatsoever, other than payment In
full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for
the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor is commenced, there is
outstanding 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. ft payment is made by Borrower, whether voluntarily or otherwise,
or by any third parry, on the Indebtedness and thereafter Lender is forced to remit tho,amountof that payment to Borrower's trustee In bankruptcy or to
any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the
purpose of the. enforcement of this Guaranty.
Guarantor furtMer waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of
setoff, counterclaim, counter demand, recoupment or similar> right, whether such clabn, demand or right may be asserted by the Borrower, the
Guarantor, or both.
GUARANITO" UNDERSTANDMIG WITH RESPECTTO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made
with Guarantor's full knowledge of its significance and consequences and `that under the circumstances, the waivers are reasonable and not, contrary to
public policy or law. If any such waiver Is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the
extent permitted by law or public policy.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now
existing or hereafter crated, 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, upon any account
whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets
of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable
to the payment of the claims of both tender and Guarantor shall be paid to Lender and shall be first applied by Lender to the indebtedness of Borrower
to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower, provided however, that such assignment shall be effective only for the purpose of assuring to Lander full payment in legal
tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to
Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is
hereby authorized, In the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute
such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this
Guaranty.
CONFESSION OF JUDGMENT. Guarantor hereby irrevocably authorizes and empowers any attomey-at taw to appear in any court of record and to
confess judgment against 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, attorneys' 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
affidavit, shall have been filed In the proceeding, it will not be necessary to file the original as a warrant of attorney. Guarantor waives the right to any
stay of execution and the benefit of all exemption laws now or hereafter in effect. 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 this Guaranty have been paid
in full.
MIISGEtlANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Anwmdrnents. This Guaranty, together with any Related Documents, Constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Guaranty. No alteration of or amendment to this 'Guaranty shall be effective unless given in writing and signed by the party
or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expanses, including Lender's attorneys' fees and
Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this
Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal
expenses whether or not there is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy proceedings (Including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-Judgment collection services. Guarantor also shall pay all court costs
and such additional toes as may be directed by the court,.
Caption Headings. 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.
Erftegration. Guarantor further agrees that Guarantor has read and fully 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 reflects Guarantor's intentions and parol
evidence Is not required to interpret the terms of this Guaranty. Guarantor hereby Indemnities and holds Lender harmless from all losses, claims,
damages, and costs ('including Lender's attorneys' fees) suffered of incurred by Lender as a result of any breach by Guarantor of the warranties,
representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be
deemed to have been used in the plural where the context and construction 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 all and
any one or more of them. The words 'Guarantor," *Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of
them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this
Guaranty will not be valid or enforced. Therefore, a court wilt enforce the rest of the provisions of this Guaranty even it a provision of this Guaranty
may be found to be Invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability
companies, or similar entitles, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors,
partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the
professed exercise of such powers shall be guaranteed under this Guaranty.
Nadoes. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be
effective when actually delivered, when actually received by telefacsimite (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, If mailed, when deposited In the united states mail, as first class, certified or registered mail postage prepaid,
directed to the addresses shown near the beginning of this Guaranty, Any party may change its address for notices under this Guaranty by giving
formal written notice to the other parties, specifying that the purpose of the notice is to change the pantys address. For notice purposes.
COMMERCIAL GUARANTY
(Continued) Page 3
Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applica a low, if there:: is
more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Warmer by Lender. Lender shall not be deemed to have waived any rights ureter 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 operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Guaranty shall not prejudice or constitute 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,
shall 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 constitute continuing consent to
subsequent Instances where such consent is required and in all cases such consent maybe granted or withheld In the sole discretion of Lender.
Suers and Assigns, 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 ft successors and assigns.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to
the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used In the
singular shall 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 Ilmltadpn ROBERT L. SLAGLE.
Ginty. The word 'GuararV means the guaranty from Guarantor to Lender, including' without limitation a guaranty of all or part of the Note.
Indebtedness. The word 'indebtedness' mans Borrower's Indebtedness to Lender as more particularly described in this Guaranty.
Lender, The word "Lender" means ORRSTOWiV BANK, its successors and assigns.
Note. The word "Note" means the promissory note dated May 25, 2001, In the original principal amount of $1,450tit) 00 from Borrower' to
Lender. together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or
agreement
Related Documents. The words 'Related Documents" mean all promissory notes, credit agmementa, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
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 THEAMOUNTS 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 ($540) 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 AUTHORI'T'Y, BUT SHALL CONTINUE FROM 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 PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO
ITS TERMS. WS COMMERCIAL GUARANTY IS DATED MAY 25, 2001. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT
THIS QUA"" IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
r+A9mdg6L&IO V..L4.1t.QeJdr4 W*0 ??jW.OW; ssft" word. -are aesswveab.rc mme owil
Exhibit "B"
PROMISSORY NOTE
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References in the shaded area are for Lender's use only and do not Unit the applicability of this document to arty particular loan or item.
Any item above containing "'"`" has been omitted due to text length limitations.
Borrower: SUSAN DEREMER SLAGLE` Leader; ORRSTOWN BANK
11261 CLAREMONT RD. SILVER SPRING OFFICE
CARLISLE, PA 17013 3 BADEN POWELL LANE STE. I
MECHANICSBURG, PA 1701
Principal Amount: $ ,050,000.00 Date of Note May 25, 2001
Maturity Date: November 25, 2021
PROWS€ TO PAY. SUSAN DEREMER SLAGLE ("Borrower") promisee to pay to ORRSTOWN BANK ("Lender"), or order, In (awful money of
the United Stable at America, the principal amount of One Million Fifty Thousand & 00!100 Dollars ($1,050,000.00), together with Interest on the
unpaid prlncllpei balance from May 25, 2001, unW paid in full.
PAYMENT. Subject to any payment changes resulting from changes In the fndex, Borrower will pay this loan on demaand. Payment In full is
due Imamedlatety upon Lender's demand. If no demand 18 made, Borrower will pay this loan In accordance with the following payment
schedule: 6 monthly consecutive interest payments, beginning June 25, 2001, with interest calculated on the unpaid principal balances at an
interest rate of 8.000% per annum; 48 monthly consecutive principal and Interest payments in the Initial amount of $8,782.62 each, beginning
December 25, 2001, with Interest calculated on the unpaid principal balances at an Interest rate of 8.000% per annum; 191 monthly consecutive
principal and Interest payments In the Initial amount of $8,33608 each, beginning December 25, 2005, with intersst calculated on the unpaid
principal balances at an Interest rate based on the CL-WALL STREET PRIME (currently 7.000%), resulting In an Inftlsi Interest rate of 7.000%,
and one principal and interest payment of $8,337.22 on November 25, 2021, with Interest calculated on the unpeld principal balances at an
interest rate based on the CL-WALL STREET PRIME (currently 7.000%), resulting In an Initial Interest rate of 7.000%. This estimated ftnal
payment is based on the assumption that all payments will be made exactly as scheduled and that the index does not change; the actual final
payment will 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 unpaid Interest, then to principal, and any remaining amount to
any unpaid collection costs and late charges. The annual interest rate for accts Note is computed on a 301380 basis; that is, by applying the
ratio of tha annual intereat We 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 Lenders address shown above or at such other place as Lender may
designate in writing.
VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to time based on changes in an independent index which
is the Wal Street Prime (the 'index"). The Index is not necessarily the lowest rate charged by Lender on Its loans. If the Index becomes unavailable
during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon
Borrowers 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 7.000% per annum. The Interest rate or rates to be applied to the 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 atfective as of the leaf payment date of the just-ending
payment stream. 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 loan will pay off by its original final maturity date, (B) increase Borrowers payments to cover accruing interest, (C) increase the number of
Borrowers 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 entitled to the following prepayment penalty: Should Borrower prepay all
or any amount of principal during the nerd four (4) years, the Borrower shall be assessed against the amount prepaid, a four percent (4.00%)
prepayment penalty. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted
from this assessment will be principal payments that are generated as a result of operation of the business fear which the loan was extended.
Specif{celty not excepted will be any prepayments generated as a result of a refinancing at any other financial institution. Except for the
foregoing, Borrower may pay all or a portion of the amount owed seller than Is due. Early payments witi not, unless; agreed to by Lender in
writing, relieve Borrower or Borrower's obligation to continua to make payments under the payment schedule. Rather, they will reduce the
principal balance due and may result In Borrower mooting fewer payments.. Except for the foregoing, Borrower may pay all or a portion of the
amount owed earlier then It Is due, Early payments wail not, unless agreed to by Lender in writing, relieve Borrower of Borrowers obligation to
continue tD 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 riot to send Lender payments marked 'pail In full', 'without recourse', or simNar laraguaage• if Borrower
sends such a payment, Lender may accept it without losing any of Lenders rights under this Note, and Borrower will remain obligated to pay any
further amount owed to Lender. All written communications concern" 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; OARSTOWN BANK, P.O. BOX 260 SHIPPENSBURG, PA 172557.
LATE CHARGE. If a payment is 16 days or more late. Borrower will be charged 6.0000/a of the regularly scheduled payment or $50.00, whichever is
greaw.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final rnaturtty; the total sum due under this Note will bear interest from the
slate of acceleration or maturity at the variable interest rate on 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 Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other lWautts. Borrower fags to comply with or to perform any other term, obligation, covenant or condtdw contained in this Note or in any of
the refaitbd `docukrraerrts or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
False Statemerrts. Any warranty, representation or statement made or furnished to Leer by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Death or insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business, the insolvency of
Sommer, 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,
PROMISSORY NONE
(Continued)
Page 2
Creditor or Forfeiture Proceedings, Commeneemment' of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by arty governmental agency against any collateral securing the loan. This
includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply 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 Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the
event of a death, Lender, at its option, may, butshall not be required to, permit the Guarantor's estate to assume unconditionally the obligations
arising under the guaranty in a manner satisfactory to lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance>otthis Note Is Impaired.
Insecurity. Lender In good faith believes itself insecure.
Cure Provisions. If any default, other than a default In payment is curWe and if Borrower has not been given a notice of a breach of the same
provision of this Note within the preceding twelve (12) months, it may be cured (arid no event of default will have occun-em) if Borrower, after
waiving written notice from Lender demanding cure of such default (1) cures the default within fifteen (15) days; or (2) 0 the cure requires
more Ethan fltteen (15) days, immediately Initiates steps which Lender deems in Lenders sole discretion to be sufficient to cure the default and
thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as neasonabiy practical,
LENDEWS MGHTS.. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note If Borrower does not pay. Borrower will pay Lender
that amount This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
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, savkW, or some other accouxmt). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by Law, Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
and, at 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 "meal
Property located at 1281 CL.AREMONT RD., CARLISLE, PA 17013' and i x*ed tin CUMBERLAND County, Commonwealth of Pennsylvania, all the
terms and conditions of which are hereby incorporated and made a part of this Nate; an Assignment of All Rents to Lender on real property described
ais'Resl Property located at 1261 CL AREMONT RD., CARLISLE, PA 17013' 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; 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 Note; a Mortgage dated May 25,
2001, to Lender on real property described as 'Real Property located at 309 HOCKERSVILL.E RD., HERSHEY, PA' and located in DAUPHIN County,
Commonwealth of Pennsyhmnia, 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 'Real Property located at 3013 HOCKERSViLLE RD., HERSHEY, PA' and located in DAUPHIN County,.
Commonwealth of Pennsylvania, all the terms and conditions of wt't" are hereby incorporated and rude a part of this Note.
PROPERTY INSURANCE Borrower understands that Borrower Is required to obtain Insurance for the choral 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 Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any
other fitnancial Information, required by the Lenders Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the
required financial information within two hundred seventy (270) days of the Borrower's fiscal year and, the Lender has the right to increase the interest
rate chairged' on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender Increasing the Interest rate charged
on this Note..
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors
and assigns, and shall Inure to the benefit of Leander and Its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPOR17NO AGENCIES. Please notify us if we report any inaccurate
Ir0ormation about your account(s) to a consumer reporting agency. Your written notice describing the specific Inaccuracy(tes) should be sent to us at
the following address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's
right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Nate 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, acid notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this
Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew
or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fall 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. Ali such
parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made.
The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the
enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN A'TTORNEY'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 (000) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
i
PROMISSORY NOTE
(Continued)
Page 3
IMMEDIATELY; AND FOR SO 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 SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. I3ORPOWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDQES-RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER I FAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X Seal)
LA Ind uel
(Lest -0 two% *K *4&Tym to 0--op vwv- +o 1wT, loot, 0 npr ftwwe - M. v07*if %wwc TR7ta. F* 11
Exhibit "C"
MORTGAGE NOTE MODIFICATION AGREEMENT
Loan #26375009001
MADE this 3& day of June 2003,
BETWEEN ORRSTOWN BANK, a Pennsylvania banking corporation, hereinafter
referred to as "ORRST'OWN",
AND Susan Deremer Slagle, hereinafter referred to as "Borrower", Robert L
Slagle and LiigbtStyles 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, 200 1.
WHEREAS, the Borrower and Guammors=have asked Orrstown to modify the
terms' of said mortgage note, axed
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:
1.
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 moment shall extend to and be binding upon the respective heirs,
executors, administrators, successors and assigned of the parties hereto.
_I i 14IvvVVV A0 VV>U VVJ
se 4s the day, mcnih and year afomWd.
OrdtMVON'BANK
ASEt. l!'+C1'dt81y y -?
Vioef President
SORB;
Wun 71, ?j rz cAd
SI&Oe
11,14, Daum Exhibit A
The original rate of 9.00% fixed for the flit 54 wants of tine r w sW be
modifmd to a floating late aqual to the'W&U Bt o oumW Prime Rate + Vs% until the
mft* dMe.oftksaid rate=&=ccd heroin. Tit nmly rdmonoW rats Ali b6zu on
the date this Modfflcedon AVveueW and pry wM 44* to MOM the OW me,
No other tmu and conditions of ft mortgage Wft sireM be "wd.
CORPORATE ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY O C.A(M? ; SS
On this the,, ??'day of , 20a.14, before me, a notary public,
personally appeared Jeffrey S. Gay who Zdthat knowledged himself to be the Vice
President of Orrstown Bank, a corpo on, 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 he set my hand and official seal.
Naladai See!
PAnfOW KU NOW YPubdc IC
8ouM Mcl wn T%P,, 6xNm and Count'
Any C*Ta*ftn t Sept.18, 2M
Member, ' Ammon Of Nob&$
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY OF Cumberland
SS
On this the day of , 20, before me, a notary public,
personally appeared Susan er Sllhose e and Robert L. Slagle, known to me or
satisfactorily proven to be the ns names are subscribed to the within
instrument and acknowledge that they executed the same for the purposes therein
contained.
In Wiatness: Whereof; :I hereunt g y hand and official seal.
';;;?ONotary lic
8
P I Kowwo. NaWypbWic
* tWA apt 1s, 21106
Member wort fXNcWd n
CORPORATE ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY OF Cumberland
SS
On this the "day of 24 &L before me, a notary public,
personally appeared Robert L. Stag ho acknowledged himself to be the President of
LightStyles, LTD, a corporation, an fi 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 seamy hand and fficial seal.
blie
PM*aJ. Kwals, No%vy South r" fta 1&2006
FerneyNra?gAaeocfa8on OtN?{as
Exhibit D
w
.4j,%NGE IN TERMS AGREENtI yl
=" za aa0
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particulor'loon or Item.
Any item above containing has been omitted due to text length limitations,
Borrower. Susan 0Deremer i tender: ORRSTOWN BANK
8 Foxfhekl Court 77 EAST KING STREET
Mechanicsburg, PA 17055 P 0 BOX 250
SHIPPENSSURG, PA 17257
Principal Amount: $917,397.61 Date of Agreement: August 10, 2006
Maturity Date: November 25, 2021
DESCRIPTION OF EXISTING iNDESTEDUMS. Promisorry Nate dated May 25 2001 in the original amount of 81,050,000.00.
DESCRIPTION OF COLLATERAL. Mortgage recorded May 25, 2001 in Book 1710, Page 137 and a Mortgage recorded 5-25-01, in Book 3980,
Page 136.
DESCRIPTION OF CHANGE IN TERMS. The original interest rate of 8.00% that was fixed until November 25, 2005 as referenced in the original
note dated May 25, 2001 and modified on June 27, 2003 to a rate equal, to the Well Street Journal Prime Rate plus 0.60%. Effective August
26, 2()06 the interest rate shall 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 thenow rate. Beginning August 25, 2011, interest shall revert to a floating rate equal to the Wail Street Journal Prlme Rate
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. The 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 operation of the business for
which the loan was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial
institution. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than is due. Early payments will not, unless
agreed to by Lender in writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather,
they will reduce the principal balance due and may result in Borrower making fewer payments. ,
PAYMENT. Borrower will pay this ban in fun immediately upon Lender's demand. if no demand Is made, subject to any payment changes
resulting from, cheagee In the Index. Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive
princlpal and h1hwest payments In the Initial amount of $8,513.06 each, beginning September 25, 2006, with Interest calculated on the unpaid
principal balances at an Initial discounted Interest rate of 7.500% per annum; and 123 monthly consecutive principal and Interest payments in
the initial amount of $9,004.68 each, beginning September 25, 2011, with interest calculated on the unpaid principal balances at an interest
rate based on theli Well $Vast Prime (currently 8.250%), plus a margin of 0.500%, resulting in an initial Interest rate of 8.750%. Borrower's
final payment will be dun on November 25, 2021 and will be for all principal and accrued Interest not yet paid, together with any other unpaid
amounts on this loan. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest: then
to principal; then to any unpaid colEsctlon costs; and then to any late charges. Interest on this loan is computed on a 3651360 simple Merest
basis; that is, by applying the ratio of the annual interest rate over a yaw of 360 days, muttipfied by the outstanding principal balance, muFtiplod
by the actual number of days the prktdpal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other
place as Lander may designate in writing.
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
necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate
a substitute index after 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 8.250% per annum. 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 at the just-ending payment stream. NOTICE: Under no
circumstances will the interest rate on this loan be more than the maximum rate allowed by applicable law. Whenever increases occur in the
Interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay
off by its original final maturity date, (B) increase Borrower's payments to cover socruing interest, (Cl increase the number of Borrower's
payments, and iD) continue Borrower's payments at the same amount and Increase Borrower's final payment.
PREPAYMENT PENALTY. Upon prepayment of this Agreement, Lender is entitled to the following prepayment pornalty: Should Borrower prepay
all or any mount of principal during the next five t5) years, the Borrower shall be assessed against the amount a five
prepayment penalty. The assessment percentage shalt decrease one percent 0.00%) per annum to prepaid, percent excepted
per. Lander acknowledges that excepted
from this assessment will be principal payments that are generated as a result of operation of the business for which the loan was extended.
Specifically not excepted will be any prepayments generated as a result of s refinancing at any other financial Institution. Except for the
foregoing, Borrower may pay as or a portion of the amount owed earlier than is due, Early payments will not, unless agreed to by Lender In
writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the
principal balance due and may result In Borrower making fewer payments.. Except for the foregoing, Borrower may pay all or a portion of the
amount owed earlier than it Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to
continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in
Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", 'without recourse', or similar
language. If Borrower sends such a payment, Lander 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 awed 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 250 SHIPPENSBURG, PA 17257.
LATE CHARGE. If a payment Is 16 days or more la(te, 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 rate on this loan shall be Increased by adding
a 3,000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shell also apply to each succeeding Interest rate change 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 described in this Agreement. If judgment is entered in connection with this Agreement,
1 a ?
;HANGS IN TERMS AGREEMEt
Loan No: 28375009001 (Continued) Wage 2
interest win continue to accrue after the date of judgment at `the rate in effect at the time judgment is entered. However, In no event will the
Interest rate exceed the maximum Interest rate limitations tinder applicable law.
DEFAULT. Each of the following shat) constitute an Event of Default under this Agreemern:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Other Debrults. Borrower failsto 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 other
agreement between Lender and Borrower.
False Statoments. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes
false or misleading at any time thereafter.
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 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 agency against arty collateral securing the
Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, thla Event
of Default shall not apply if 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 Affecthig Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or arty
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness
evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to
assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender, and, in doing so, cure any Event of
Default.
Adverse CBangW. 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 PravUlorra. If any default, other than a default In payment is curable and if Borrower has not been given a notice of a breach of the
same provision of this Agreement within the preceding twelve (12) months, It maybe cured it 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 then fifteen (15)
days, )mn7ediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the deteult and thereafter
continues-and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical,
LENDER'$ RIGHTS. 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 amogrtt;
ATTORNEYS' FEES: EMNSES.. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will
pay Lender that amount. This includes, subject to any limits under applicable low, Lender's attorneys' fees and Lender's legal expenses;
whether or not there Is a lawsuit, Including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any
automatic stay or Injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costa, in addition to all other
sums provided by few.
JURY WAIVER. Lender and Sorrower' hereby waive the right to any jury trial in any action, proceeding. or counterrrliaim brought by either tendar'
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 (whathar
checking, savings, or some other account). This Includes all accounts Borrower holds jointly with someone also and all accounts Borrower may
open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by
law, Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any
aW 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 following 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 tine terms 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 all
agreements evidenced or securing the obligatlon(a), 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 Lender In writing. Any maker or
endorser, Including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation
does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the
representation to Lender that the no"igning 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 INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
NOTIFY CTS OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific Inscouracypest should be sent to
us at the foltowhrg address: ORRSTOWN BANK, 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17267.
MISCELLANEOUS PROVISIONS. This -Agreement :is payable on demand. The inclusion of specific default provisions or rights of lender shall not
w r
Lr ANGE IN TERMS AGREEMEN
Loan Nos 26375009001 (Continued) Page 3
preclude Lender's right to declare payment of this Agreement on Its demand. If any part of this Agreement cenmt be enforced, this fact VAR 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 Lender may renew or extend (repeatedly and for any Length of time) this loan or release any parry or guarantor or collateral; or
Impair, fall to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without
the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone
other than the party with whom the modification is made, The obligations under this 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 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 05001
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 C014TINUE 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 STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS. AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE
VARIABLE INTEREST RASE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT.
THIS AGROMENT 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]
- q
tAfM r+16.t..,wf. V.. 5,71.t¢00l C•or. Nr,r,eInwdY ta4tbm. w, W7, =L A1111yh0M?ww,i. -M. aldAe-A-w=-rc n,-r3v17 M•t
? 01
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 114 4 day
of ?-AZ'E 2012.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Nolarlal Seal
Christiana R. Tknmons, Notary Publk
Chanury Bono, Franklin County
My ComnMssion Expires March 3, 2014
Member, Pennsvivania Association of Nobwles
93893351
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO.
a - yam/ 4J
VS.
ROBERT L. 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
2973.3.
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule
(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
93965361
the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the Petition
or Answer;
(d) The Petition and the Rule to Show Cause and the Answer shall be served as
provided in Rule 440;
(e) The Court shall dispose of the Rule on Petition and Answer, and on any
testimony, depositions, admissions and other evidence. The Court for cause shown may stay
proceedings on the Petition insofar as it seeks to open the judgment pending disposition of the
application to strike off the judgment. If evidence is produced which a jury trial would require
the issues to be submitted to the jury, the Court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
(g) (1) A judgment shall not be stricken or opened because of a creditor's failure to
provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to
follow to strike a judgment or regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective
date of subdivision (g) which have not been stricken or opened as of the effective date and (2)
judgments entered on or after the effective date.
DILWORTH PAXSON LLP
BY: `
Eliza eth Goldstein, Esquire
Attorney for Plaintiff
93965361
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO. / -2.w
r•?
d
CIO
vs.
ROBERT L. SLAGLE
NOTICE TO HOLDER OF DOCUMENT CONTAINING
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;
93965361
(g) The facts showing such waiver are:
Dilworth Paxson LLP
By: 'aa
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me 1,2 k" day
of , 2012.
C
N y Public COMMONVI LT" OF PENNSYLVANIA
martalseai Public
p ah L. ]u?ian, Wo minty
uehanna tM?P u 20, 2014
MY COnMl ?nia atlon of Notaries
Member. pennavhr
9396536_1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO.
VS.
ROBERT L. BEAGLE .'
`
? `sw z
AFFIDAVIT OF NON-MILITARY SERVICE ? '
COMMONWEALTH OF PENNSYLVANIA: tv
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 Lightstyles, 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: LUJIV Eliza eth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me o62 ?' day
of -Ja--.e , 2012.
?.
tart' Public
C MMONWEALTH OF PENNSYLVANIA
mtarlal Seal
Deborah L. Julian, Notary Public
Susquehanna Twp., Dauphin County
MY Co mml?lot? ExpBes Oct. 20, 2014
9396536_1 Member: Pennsvlvania AsseclaW of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
vs.
r
NO.
ROBERT L. SLAGLE
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF DAUPHIN
N
v+ c?'C
-? 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:
Eli abeth J. Goldstein
Attorney for Plaintiff
Sworn to and Subscribed
before me this A) h day
of , 2012.
Notar Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L Julian, Notary Public
Susquehanna Twp., Dauphin 20, nt
COMMIWon Ergilres 2014
Mafnbor, ftftr0 lvdnla AsSOCiation of Notaries
93965361
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
No. ?d6 y- &t,,
vs.
ROBERT L. 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 /off ?' day
of JL? , 2012.
.0 L&P-,
Notary/Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L. Julian, Notary Public
Susquehanna Tv+p., Dauphin County
My commission Expires Oct. 20, 2014
Member. Pennsvivania Association of Notaries
By:
Eliza eth J. Goldstein, Esquire
Attorney for Plaintiff
x
N
93965361
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK
NO. la • ydDkl
vs.
ROBERT L. SLAGLE
AFFIDAVIT OF BUSINESS OR COMMERCIAL TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
Elizabeth J. Goldstein, Esquire, being duly sworn according to law, deposes and says that
she is attorney for Plaintiff named herein; that as such she is authorized to take this Affidavit on
its behalf; that the facts set forth herein are true and correct to the best of her knowledge,
information and belief; and that the facts set forth in the foregoing matter involve a business
transaction.
Dilworth Paxson LLP
Sworn to and Subscribed
before me /a I` day
of 2012.
.?2
Notary ublic
COMMONWEp?LTN OF PENNSYLVANIA
Notarial Seal?ry public
Deborah L. Julia ,,?uphin county
?yuehanna TWP. Ocx 20, 2014
MY Commission Expires agon of Notaries
Member, Pennsylvania Assod
By: & M • -?
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
C*?
CM
A ,
-i CJ
93965361
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK ,
NO.
vs.
ROBERT L. SLAGLE r,
AFFIDAVIT OF NON-MILITARY SERVICE 0% co
COMMONWEALTH OF PENNSYLVANIA: _ ?
SS
COUNTY OF DAUPHIN : -- ;-s w Z,
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 treasurer 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: ?"?
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
Sworn to and Subscribed
before me ?a day
of i;g ' , 2012.
c
otary Public
COMM. - - I VPENNSYLVANIA
Notarial Seal
Deborah L. 3ulian,N?ry bbl
Dauphin County
'TWP susquehanna "? Oct. 20, 2014
My Commission atlon of Notaries
Pennsylvania Assod
member.
93666541
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. )a - ?w
VS.`
ROBERT L. SLAGLE ] s
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:
Elizabeth J. Goldstein, Esquire
Attorney for Plaintiff
93965361
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. is •?I??fR
VS.
ROBERT L. SLAGLE
ORDER FOR APPEARANCE
Kindly enter my appearance for Plaintiff, Orrstown Bank, and enter judgment against
Defendant, Robert L. Slagle
Dilworth Paxson LLP
By: '
Elizabeth Goldstein, Esquire
Attorney for Plaintiff
C'J
rl
30-1 49 C)
--? w/A)
-<
93965361
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ORRSTOWN BANK NO. /?,). LIA)Otl
vs.
ROBERT L. 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.
Prothono
By:
D o
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
93965361
SHERIFF'S OFFICE OF CUM13ERLARD COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
beta et culeber/g4?0
OFMIE.01` 74E SKBRIFr
CT THE P ofHotiaTA ?i t
' ),
2112 JUL 24 AN 8: 28
CU ,MA COUNTY
YLVANIA
Orrstown Bank
vs.
Robert L Slagle
Base Numb)
2012-4004
SHERIFFS RETURN OF RVICE
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 Complaint in Confession of Judgment and PA
Rule of Civil Procedure 236 Notice, upon the within named defendant, to wit: Robert L. S le, by malo
known unto himself personally, at 8 Foxfield Court, Mechanicsburg, Cumberland County„ Pennsyivani
17050 its contents and at the same time handing to him personally the said true and conqct copy of tt
same.
SHERIFF COST: $38.45
July 17, 2012
RYAN BURGETT, DEPtlT4Zz,
SO ANSWERS,
RON R ANDE , SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
Orrstown Bank : IN THE COURT OF COMMON PLEAS
v. : CUMBERLAND COUNTY, PENNSYLVANIA
Robert L. Slagle : NO. 2012-4004
CD
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;
vvk
or
Martin J.Weis, Esquire
iefoq ( 70 / U
MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF
IDENTIFICATION NO. 51379
DILWORTH PAXSON LLP
1500 MARKET STREET, SUITE 3500E
PHILADELPHIA, PENNSYLVANIA 19102-2101
(215) 575-7000
ORRSTOWN BANK CUMBERLAND COUNTY
COURT OF COMMON PLEAS
vs. CIVIL DIVISION
ROBERT L. SLAGLE NO. 2012-4004
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, his 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, his heirs and assigns,
shall and may hold the same, free and clear of and from the lien of the said judgment; provided,
11292149_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: September 1 5
p 2013 By: .I uAi►t,
Martin . Weis,rquire
Attorney for Plaintiff
2
11292149_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 Conodogainet Creek;thence along the eastern right-of-
way line of Conodoguinet Creek North 10 degrees 50 minutes 57 seconds West,a distance of 511 feet to an iron
pin along potherb lands now or formerly of Sample Bridge Associates;thence along the lands now or formerly
of Sample Bridge Associates North 81 degrees 30 minutes 00 seconds East,a distance of 428.30 feet to an iron
pin at the dividing line between Lot 108 and Lot 109;thence along said dividing line.between Lot-108 and Lot-
109 South 40 degrees 19 minutes 46 seconds East,a distance of 436.89 feet to a concrete monument along the
western right-of-way line of Foxfield.Court;thence along the western right-of-way line of Foxfield 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-110;the point and place of BEGINNING.
CONTAINING 5.9597 acres more or less.
BEING LOT-109 on the hereinabove mentioned Subdivision Plan for The Peninsula(Phase 1)as
recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 65 at Page 28.
BEING the 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.
•
•
•