The URL can be used to link to this page

Home My WebLink About05-0339 ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2005- .]il.-:J- CIVIL TERM CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendants and confess judgment in favor of the plaintiff and against defendants as follows: Principal Interest to 11/26/04 (per diem $41.46) Late fees $222,795.37 $ 2,446.41 $ 171.72 TOTAL: $225,413.50 Respectfully submitted, 'BRIEN, BARIC & S~R . /:(~ David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, Pennsylvania I7013 (717) 249-6873 Attorney for Plaintiff dab.dirlorrstown bank/cum berlandholdingslconfessionj udgmeut. pld CERTIFICATE OF SERVICE I hereby certifY that on January ;1,2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Confession Of Judgment, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Edward L. Stum, II Lisa M. Stum 1315 County Line Road York Springs, Pennsylvania 17372 Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 ~//ti David A. Baric, Esquire II ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- CIVIL TERM CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT Defendants COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: I. The principal business address of Orrstown Bank is 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257 2. Defendants, Edward L. Stum, II and Lisa M. Sturn are adult individuals with a last know address of 1315 County Line Road, York Springs, Adams County, Pennsylvania 17372. 3. The last known address for Defendant, Cumberland Holdings, L.P. ("Cumberland Holdings") is 1120 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. Cumberland Holdings is averred to be a partnership. 4. On or about April 28, 2004, Defendant, Cumberland Holdings, executed a Note payable to Orrstown Bank secured by a mortgage dated the same date. True and correct copies of the Note and Mortgage are attached as Exhibit "A" and are incorporated by reference. 5. On or about April 28, 2004, Defendant, Edward L. Stum, II, executed a Commercial Guaranty to secure payment of the Note. A true and correct copy of the Commercial Guaranty is attached as Exhibit "B" and is incorporated by reference. II I I 6. On or about April 28, 2004, Defendant, Lisa M. Stum, executed a Commercial Guaranty to secure payment of the Note. A true and correct copy of the Commercial Guaranty executed by Lisa M. Stum is attached as Exhibit "c" and is incorporated by reference. 7. Judgment is not being entered by confession against natural persons in connection with a consumer transaction. 8. Demand has been made upon the Defendants to pay the amount due and owing under the Note and Commercial Guaranty documents and they have, without justification, failed and refused to pay. 9. Judgment has not been entered on the Note or Commercial Guaranty documents in any other jurisdiction. 10. The amount due and owing is calculated as follows: Principal Interest to 1118/05 (per diem $41.46) Late fees $222,795.37 $ 4,643.79 $ 171.72 TOTAL: $225,413.50 II. The Note and Commercial Guaranty documents as appended, provide for the recovery of costs, including reasonable attorney fees, incurred by Orrstown Bank to collect the debt due and owing. 'I , I WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of $225,413.50 plus costs and expenses, attorney fees and interest accruing to the date of payment. Respectfully submitted, David A. Baric, Esquire !.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Orrstown Bank dab.dir/orrstownbanklcum berlandholdings/com plaint2.pld VERIFICATION The statements in the foregoing Complaint In Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language ofthe statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsifications to authorities. DATE: I~ /1- OJ ~ITre's. ",_ Vice President - PROMISSORY NOTE Reference. in lhe Ihadod .... If' lot Lend.,', u,. only .nd do not limit the IIpplicabilty of lhis doeuMont to ony Portioulat 10... ot "_ An item .bow contalnln .."... hIS boen omitted due to text len th IImll.tions. . Borrower: Cumberland Holding. UInitod 1'o_lp {TIN: 20-103806ZI 1 1 ZO G....nopring Road N.wvIU.. ~A 11241 lender: OIlRSTOWN BANK STONEHEDGE OmCElJEFFRIY GAYMAN 1'0 .Oll. 250 SHIPPENSBUI\G. PA 172.51 Principe! Amount: $225.000.00 Date of Note: April 28. 2004 M.tlJrity Pate: AIM. 2.8. 2024 PROMISE TO PAY. Cumb.rl.nd Holdlnge Umlttd P.".....ltip ("Bo""w""1 proml... to pay to ORRSTOWN lANK ("Land.r"l. or ord.r In Iowfut mon.y 01 tho Uni10d SUllO. 01 A"""... tho princlpel emount 01 T_ Hundred Tw.nty-1Ive Thou..nd . 001100 Oolla", (U2.Ii.ooo.ooi. ~ WIth InUlte" on tIl. unp.ld principal balance !rom April 28. 2004. until peld In full. PAYMENT. Subject to .ny peym.nt dMln... "'lUltlng from ""anga.ln tho Inde.. 'orrower ..~IIIIY till. loon on d.",.nd, "'ym.", In tulle'lII Imrnodleltly upon ...nd.... d.mand. If no demand II mlde. Bo..ower wlH pay !hlll..n In 10..rden.. WIth tho foBowlng lII_nt ..ho.....: eo monthly oon..eutl.. prlnolpal.nd in_" paymlnt.1n the 1n1tl.I.mount of '1.717.211Ich. beginning MIY 28.2004. with In'''r..t_1Io<I on thtt ""peld prinolpll balen..elt.n InIIialin_1t rail of 6.700% par Innum; .nd 180 mlnthly ..n..cutlvtt prlnclpelend InlOn"t pa~ In tho Inlliallmount 01 '1.ll37.33 ..oh. beginning May 28. 2009. with InlO"''' ..10Ill01Id on the "",,"id prlnclpel balo...1 It .n In_ r.1O bl..d on \hI W.II Snit Prime t.....tntIy 4.000%1. pills . m.rgIn of 1.000%. "_ng In In 1nItI.llntere.. r." of 11.000%. '0""_'. final p.yment WIN b. due on Apnl 28. 2024 end will ~. Ior.1I principii en' looru.d 1._.. not yot paid. tog.thor WIth .ny other unpaid .",_ under thl. No", Unll" othorwi.. ..... or r.qul.... by .pplleabla low, paymlntl wnl b. ""plltcl !1m to eny .....UI<I unp.1d inti..... thon to principal; then to anv ~Id colleotlon co...: and th.n to anv I,te ah.r,... Th. Ihh....lhnore" ,... for this Not. I. COhlputlld on I 3f&1380 b.,i.: that Is, by applying thl ratio of the .MUII Inte~.t ...t. oVlir I year 0' 360 d.)'ti* multlpli.d by the outstanding principal b.llh~. rnuttlp&.d by the actu.1 numbef of day. the prfne1p" btilalh~ t. out.utndlng. lorrowet wlU pay 1-.nd.,.t t..nd.,', add,... "'own above ot .t ,uch other piece .. L.nd.r tn.y deeignue In writing. VARIABLE INTERIlST RATE. For \hallrlt 60 p.yment.. the intero.t rot. on this Note wll be 6.700%. Ther..ft.r, thelnter..t rot. on \hi. Not. Is subject to ch."ge from time to tlm. baled on changes In an independent Index which II the W.II Street Prime (the "Ihdex"). Th. Index ft not nce....tlly the lowest r.te ch.rgcd by Lender on it, tOlnS, If the Index becomes unBvaU,bI. during 1he term of thi. toan. Lend.r ""'V designate a substitute Index after notico to Borrower, Lendar wDl tell Borrower the current Index r8lte upon BorrDwer', request. n" interest rate ohenge will not occur more often than etch d8lY. Borrower under,tands that Llnd.r may make loonl ba.ad on other ratet IS welt. Th.lnde" Gtlr*,Uy i. 4.000% par .nnUm. Tho In_.. rate or "'te. to b. .ppre to tho unp"ld prlnclp.' belo... 01 till. NolO win bl tho r.te or ralOl ..t IorIh he...ln In the "Payment'. Motion. Notwithl'tlndlng .ny other provlllon of ihl. No.... .her th. flttt payment l1I"..m. the m.,..~ ,n. far ..eft tubaeq\&ent paym,6I\t str..~ Wi" "' .ff.ctiw a. of 1he II., payment data ot lhe }uat..ndihg pcyment atre.m. NOTICE: Under no oircumstancel wUl the inter.at rete on'this Not. be more then the maximum rete allowed by .p~li;lbte law. YJh.n.ver ineraas.. occut in the Intor..t tlte, lender, at Its option, mav do one or more of the following: {AI Inor'8,e Borrower'. pa.,men1' to ensU'1 8onower', loan wit, p.-y Qff by It. original final matLJrity date. (B) Incre..e Borrower'. payment. to cover accruIng Intere,t, eel incrte.. the number of Borrower', pllym.nt., .nd (D) contlnu. Sorrow,,', paymonta It the time amount end iIlorl.Be Borrower'. flnlll plyment. PAEPA YMENT PENAL TV. Borrower agrees that all lOll" fee. and o'ther prepaid flnlnce charges are ..tl1ed fully IS of the date of the loan and will oot be lubject to refund upon early plyment (whether voluntlry or III . result of defaultl, except as oth.rwi.. required by '.w. Upon p"~'yrn.m ot thle Note. lender it ,ntltled 10 the fallowing prepaymlnt penalty: Shoukl BorroW8t' prepay .11 or any amount of prindpal during tho next llva (5) yo.... tho Bo,,,,_r ....11 ba ......d .lII'lnlt tho emount prepaid. I llva p."'.n. 15.00%1 pr.lllyment p.nally. The ._......nt percenttge. &h.lt decru.. ~ ,.'~nt (1.00~l pe,r annum to p.r. Lend.r acknowledget that I..CIIpted from thiSIIMntne"t wilt be ptln.1 plymentl that .re generated .. . relUtt: of opll1ltion 01 dM -.uIlMI' for whIch the loan wel IJrt,nded. Specifically not Ixcepted will b.lny prepaymel'D f'lner.ted II I te.ult of a reflnanclng It any other fmanclallnatltutlon. I!xcept for the foregoing. Borrower may pay all or. portion of the amount owed earlier tflan i. due. Early paytn.nt, will nDt, unlen Igread to by Lender In wrIting. htli.ve Borrower or lotro"".r', obligation to continue 10 m_kl paym.nt. wutet the plym.nt eohIdul.. Rlttler, they will reduce the principal balanot due .nd may re.uJt in luttoMlr m.kb"l9 t.w.r payment.,. Except tor the to"golng. Borrow., ml' pay .n or . pordon of the amount owed .arller than it I. due. Early payment. whl not, unless al1r..d to by Lender In writing, r.Ueve Borrower of Borrow.r', obligetion to continue tD make paymenta under the pevm.nt Ichedule. Rether. ..Iy peymentl wlR reduc. the pr\noiplll belen<< due. Md may result in Borrower'. making few.r p.ym,nt,. Borrower .gr... not to send undet p'yments marked .paid in full-. "without recour..", ~r ,imil.r Janguago. If 8Duow,r sends lOch . plyment. Lender me-y acc.pt it without IOling any of lender', rights under this Note. Ind Borrower wnl remain oblig,ted to pay any further amount owed to Lender. All wrltt.n commt,lflicetlons conceming di.put.d _mounts, includIng .ny I;:heok or other payment instrument thlt Indicet.. that the payment constitutes .payment In full. of the .mOLJl1t owed or that ie tend.r.d with other condhlonl or limitationl or IS fun .oti.taetlon 01 1 dllputod .mO.nt m." b.lne~od or d.liv.red to' ORRSTOWN BANK, P.O. 1l0X 250 SHiPPENSIlURG. PA 17257. LATE CHARGE. If .p.v",.nt il 18 day. or more I"e. Ilo".wo, will b. charg~d 5.000% of the regullrly .ch.duled peym.nt or '50.00. whic....ver ;. area.r, INTEREST AFTfft DEFAULT. Upon default.lncludlhQ fanure to pay upon final moturl't'f, l.nder..t it, option, may. if permitted LJnder appltcablc I.w. increase the variable interctt r.t. on th~ Note to 4.000 pGreontDge point. over the Index. The interest rite will not 'xc;eed the maxlrnum rate pormltted bv .~pliceble lew. If judgment 1I II1t,r,d in connection w;th this Nota, inter.,t wHI Clon1inue to accrue on this Note- after judgment lit the interest rata applicable to thla Note e.t the tme )'Jdgment \, entttted. DEFAULT. Each of the following shall con.tltute In .vent of default {-Event of Dlfsult". und.r this Note: 'aym.nt D.fault, Borrower fllijs to make any paynumt when due under thi, Note. Other Defaults. Borrower faUs to comply wtth or to perform any other term, oblig.tton. covenant or condition contained in this Note or in .nv of the related documents or to comply with or to perform any term, obligation, covenaht or condition contained in any other _greement between lender and Borrower. felN Stahltnent.. Any warranty. representation or statement Mlde or furni.htd to Lender by Borrower or on 8orro~.r's behalf under thls Note or the rel.ted dooument, is false 0( misleading In 8ny mlterial respect, either "OW or It the time made or furnished Of becomes felse or mi.leeding at any time thereafter. POIth or Ineolvanoy. The dinolutton or tormlnatJon of Borrower', existence as 8 going bulln.1S ot the death of any partner, the in10lvency of Borrower, the eppolntment of 8 receiver for any part of Borrower's property, any assignment tor the benefit of c;reditors, any typa of EXHIBIT "A" PROMISSORY NOTE (Continued) P.g'2 QrecUtor workout. or the colflmel'lcem~t at any proceeding und., illY b8nkrUIJWV or Insolvency It.w. by or against Borrow.... CNdlto, 0' ForleiluN Proceedinga. Commoncoment 01 loroclo..." or lorlelture procoedlngs, whoth.r by judicio! proc.ed;"g, oolf-holp, r.pet.....ion or any other method. by ~y credttor of Borro"".' or by ClOy govtrnmentlll llgel'lClY agalnlt .,y 0011.....1 Neurin; the 10M. Thl.lnolude. I garnllhmatrt of MY of 8otrowwr', eccounu. Including deposit accounts. with Let1der. However. th~ ev.nt of Default shall not opply W thoto 10 a good lal'" dllputo by Ilorrowot .. to tho volidlty or ,e..onablen... 01 "'e claim which 10 the buio 01 "'0 creditor or forl.lture ",ocooding and W llonowor g_ Londer wtitten notice 01 tho croditor or lorfoltur. proc.oding and d_1ta with Lend.. monioo or 8 surety bond for the eredi'tor or forf,itur, ~toceeding. ., .. amount det.,.mined by Lender. in tt. .01. dtlcretion. .. btIlng an ad-..ttl reserve or bond for the di.put:.. Even" Affecting GUlI~tDf. Any of the pr.codlng eyenta occur. with r..pect to any OU8l'1mtot of .,v of the ind.btednOl. or eny Guarantor di.. or becomes Incom~t.n~ or r.voke, or dilput.. thl validity of, or liabUity under. My gu.rlM'lty of the ind.btednell ovldoncod by thl, Noto. In the Avent 01 a death, Lond.r, at its option, moy, but ohlU not be requited to, penn~ "'. Cluorlnto", __ to Illume unconditionally the obUptionl sri'ing under the guarenty In . mllnner ,ati,factory to Lender. and, ... doing 10, our. WI.,. !vent of Doloult, IVWltl Affttctlnll Glner.1 'arttwr or lorrow.r. Any of the preoeding events OOOl,lr. with respect to an.,. S."....I partner of lSotrow*" 01 Afty oaneral partner die, or becomes r.QOtnpotent. eM. In Dwnerlhip. The r..ignetion or .ltpulllon of any 9*f\eral partn.r with an ownership inter'lt of twenty-flv. p.rcent (25%1 or more k1lorrow"r. Ad",",,, Change. A material adver.. cmlnge occur. in Borrower's finaf1Clal condition, Of lender believes tM pro.pect of payment or porformance of thi. Nato illmpelr.id. In.ourtty. lender In good faith believe. it..lf insecur.. CUre Provlsklna. If any default. other than I d.fwlt in paymef'lt Ie: curable and if Borrower has not b..h given a notlc. of a br.ech of the .am. provision of thi. Note within the precedlnll tw.l~ (12) month.. it may be oured f.nd no event of def.ult wUI hive Docurred) If Borrower, after rec.lvlng written notice from lender demanding cure of such d.f8lllt: (1) oures the d.fault within fifteen (15) day.; or (2) If the cure r.QuireB more than fift"h t16J days~ ImmedlMely Initiates ,tepa which Lender de.m. in Lender', ,ole diacrctlon to be IVfftolent to our. the default tlhd thereafter contirlu.. and complet.. aU rlasonable end naCIIlary step. t1Jfflclent to produce compl~nco II soon .s reasonably practical. LENOER'S RIGHTS. Upon dofoult, Lender ..oy, alter giving ouch notic., a, rOQUired by appllooblo IIW, docla.. till entiro unp.1d principol balance on this Not. and all accrued unpald Inter.tt immediately due. end then Borrow.r wI! pay that amount. ATTORNEYS' FEES~ EXPENSES. Lender may hire or pay someona .Iae to help collect this Note tf Borrower does not pa.,.. Bcrrower wll pay lender that amount. This: includes. wbject to any limits under Bpplicable law, Lender's attarneYl' fees and Lend.r', legal expen.", whether or not there i. .Iaw.ult. including attorneys' tees. "pan.es for bankruptcy proceedinga (including effortt to modify or vaclte eny sutonurtlc Itay ar injunction). n appeals. If not prohibited by Ipplio.blt law. Borrower allo will ply any court COltS, in addition ta III other sum, provided by law. JURY WAIVER. Londot.nd ..,rower ho..by wolve tho right to .ny Jury trlolln Inv aClion. pro_lng, or countotclaim brought by olthot londor or 8attaw., a,llnat tt. ather. RIGHT OF SETOfF. To the extent petmitttd by appllolbl.haw, Lender t,..rves. right of aetoff In an Borrowet's accounts with L,nder ('I1th.ther c:hecking, saving.. or lome other Iccount). Thla Includel 111 Ic)oountl Borrgwer holds jointly with IOmeone .1.. and ~I accounts Borrow.r may opeh In the future. How.var, this doe. not include *,y IRA or Keogh ~countl. Dr any trult accounts for which a.toff would b. prohibited by law. Borrow.r authorize. Lendar, to the IXteht permitted by .~pllc.ble law. to Qhlll'ge or setoff tJllum. owing on the fndabtednes. egalhlt any and -'I auch accounts. Itld, It lender IS option, to admlnittrettvety fr.-Ie ,!lauCh lCoounu to allow Lender to protect lendert. chlfgtl and .etoff rights providod in tIIi. plragtlph. . PROPERTY INSURANCE. Borrower und....tands tnat Borrower Is requir.d to obtain \rI.ur....c. for the coll.-teret a.curlng thi, Not.. Further Information concerning this requireMent is set forth It, the Mortgage and in the Agreement to Provide l"lurenea. 1111 the term, and conditions of whieh are hereby If1QQrJJorated and mad. a part of this Not.. fiNANCIAL INFORMATION, Th. Borrowlr Igre.. to provld. tII. Londor with Federol Tox Returns Indlot CPA preparod "",ooclol Statementl and -.ny other financial information, required by tne Lender', Orlglnal Commltrnent letter to th. Borrower. on V1 oIhhUal basIl. If the L..nd... deln not receive the requir.d financial infottn_ion within two hundred s.v.,ty (270) de.,.. of the Borrow,,', fi.elll year end. the l.nder hu the rlgt1t to Inereue the inter"t r.te charged on thi8 Note by 0.25%. The 80rtower Ihall reo.ive written notiflctltion ten (10' dayt prior to the Lender incre.aslng the Interest rate oh.rgad on this Note. SUCCE550R INTERESTS. The t"""o of thi, Not. ohaU be binding upon Borrow.r, Ind upon Borrowet'. hoirs, per.onol topr...ntatlY." 5Uco...orl and "11,,"s, ."d shill inure to the benefit of Lend.r and its ,UCQ"'arl and anilln.. NOTIFY US OF INACCURATE INFORMATION WI REPORT TO CONSUMER REPORTING AClENCIES. Ple..e notify ". W we rlport any ina....ratc information _bout your acoount(.) to a consumer r'J)OI'tlng agency. Your writt.n notice describing the 8J)eclfie inaccurac.,.U..) ehauld be .ent to u, ot tho following oddre..: ORRSTOWN BANK P,O. SOX 250 SHIPPENSBURCl, PA 17257 GENEIIAL PROVISIONS. This Note i. pOYlbl. on d.m.nd, Th. ;"cluBlon 01 ,peclfic dellUlt provision, or right. 01 Lender ,h.U not preclude Lender'. right to declare payment of this Not. on Its dem.net lander ml'l delay or forgo ,.,forcing any of its rtgnte or remedies under thla Note wi'ttlout lo.ing them. ISorrower and eny ather perlon who sign,. guflt'antees or endor.ee thil Note. to the extent allowed by law, waive presentment. demand for payrn.nt, and notice of diehonor. U~on Iny change In the terms of thi, Note, Ind unless oth.rwite exprelll.,. .t.led In writing. no party who sign. this Note. wh.ther IS maker. guarantor, acc:OI11modation maker or endcrter, Ihall be re,...ed from Iiabllitv. Anluch parties agre. th.t lender may reh.W or extend (tepeatedly .w for Iny length of time) this loan or tel.... Iny party, ~artnar, or guarantor or c:oll.taral: or impair. f.n to r.aUn upon or p.rfect Lender', .ecurlty toter..t In the collateral; .nd take any other action deemed nece...,y by Lender without the con.ent of or notice to ..,yon.. All 8uoh parties also egr.. th_t Lender may modify this lOin without the consent of or notice to anyone other than the perty with whom the modlflclrtlon II mllde. The Obligation, under Ulis Note .re Joint II"Id "veral. If any partion of tl1it Note is for any r8S80n determined to be uhonforceeble, It will not _n.ot tho cnforc:..billty of ...y other provi.iahl of this Note. CONFE55ION OF JUDGMENT. BORROWER HEREBY IRREVOCASL Y AUTHORIZ<S 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 OEFAUL T 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 ANO ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATINCl 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 ~~ 'd BBOv~E9LIL 'ON X~j 30N~Nlj/N~Ol U~ Bl:11 IHj vOO~-9G-^ON PROMISSORY NOTE (Condnued) PIge3 COI.LECTION, BUT IN ANY !\/!NT NOT LESS THAN FIVE HUNDRfO DOUARS <<.6001 ON WHICH JUDGM!NT OR JUDGMENTS ON! all MORE EXI!CUTIONS MAY ISsue IMMEDIATI!lY; AND FOil SO DOING. THIS NOTE all A COP'( Of THIS NOT!V!JlIFlED !Y AFFIDAVIT SHALL Be SUF1'ICl!NT WAllRANT. TH! AUTHORIlY ORANTI!C IN THIS NOTE TO CONFeSS JUDGM!HT AGAINST BORIIOWER SHALL NOT lJ! exHAUSTI!D IY ANY EXERCIS! OF THAT AUTHOIIJTY, BUT SHALL CONTINU! JlROM TIMe TO TIM! AND AT ALL TIMes UNllI. PAYMe/T IN FULL OF ;o.LL AMOUNTS out UNDER THIS NOTI!. IlORROW91 H!II!IY WAIVES ANY IIlClHT IOAlIOWEII MAY HAVE TO NOnC! OR TO A H!ARING IN CONN!CTION WITH ANY SUCH CONFSSION OF JUDGMeNT AND STATI!S THAT ElTH!1I A IlEPlIESENTAl1Ve OF L.EHDII\ SPECIFICALLY CAlLED THIS CoNFI!SSION OF JUDGMENT PROVISION TO BOIIROWER'S ATTENTION OR IOIIROWEII HAS II!I!H REPRESENTI!O IY INDEPENDeNT !.!GAL COUNSel, ""OR TO SlIiNlNG THIS NOTE, IIORIIOWIR ilEAl> AND UNDIlIITOOD ALL THE JlROYISIONa OF tHIS NOTl. INCLUDING THE V AIIlAIIU INT!R!S't RATI PIIDVISlONS. 10llllOWIR AGRI!ES TO THE TlIIMII OF TH! NOTE. BOIIIIOWlll ACKNOWLEOOIIIIICl\llT OF A COMPLIlIO COPY 01' THIS PIlOMISSORY NoTl!, THIS NOTl IS GIVEN UNDER SEAl. AND rr IS INTENDED THAT THIS NOTE IS AND SIIAI.I. CONSTlTUT& AND HAve THI "I'!CT OF A alALED ItISTl1UMINT ACCOIIDINQ TO LAW, 8011110Wlll: CUMIERLAND HDUllNllS lIMITE\l PARTNIIIIHIl' LDI as MANAGl!MENT, LLC, a.notl' PI""'" .1 C"","'rllnd HoIcIIngl Llmltad Plrtnarohlp lMUIJoIIlII........,Yw.UI...... .,...___...,.............,....... ........__ .M D~~""" ""'I C7 'J ~~n"::>ccl r I 'nlJ VI./J 'Jf'\L1U'" , J IlJUf'I' flU ~T. 11 T\I I L....,.,.., ...... "^" ~ ~. RECORDATION REOUESTED BY: ORRSTOWN BANK STONEHEDGE OFFICE/JEFFREY GAYMAN PO BOX 2.50 SHIPPENSBURG, PA 172.57 151~ '? JL e-- V'. .- 'ROBERT p, ZIEGLER HECOr:PEn OF DEEDS .;'~S~:f\LM1D COUllTY-i WHEN RECORDED MAil TO: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG. PA 172.57 \1 APR 29 PrJ 2 58 FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE dated April 28, 2004, is made and executed between Cumberland Holdings limited Partnership, whose address is 1120 Greenspring Road, Newville. PA 17241 (referred to below as "Grantor") and ORRSTOWN BANK. whose address is PO BOX 250. SHIPPENSBURG. PA 17257 (referred to below as "Lender"), GRANT OF MORTGAGE. For valuable consideration. Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings. improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way. all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock. in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil. gaa, geothermal and similar matters, (the "Real Property") located in Cumberland County. Commonwealth of Pennsylvania: See Attached The Real Property or its address is commonly known as 1120 Greenspring Road, Newville. PA 17241. CROSS-COLLATERAlIZATlON. In addition to the Note, this Mortgage seCures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or anyone or more of them, as well as all claims by Lender against Grantor or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Grantor may be liable individually or jointly with others, whether obligated 8S guarantor, surety, accommodation party Or otherwise, end whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to alt present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $225,000.00, THE RELATED DOCUMENTS. ANO THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Pone..ion and U... Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operste or manage the Property; and (3) collect the Rents from the Property. Duty to M8lnt8in. Grantor shall maintain the Property in tenantable condition and promptly perform a/l repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Law.. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no k.nowledge of, or reason to believe that there has been. except as previously disclosed to and ack.nowledged by Lender in writing, (8) any breach or violation of any Environmental Laws, (bl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and t31 Except as previously disclosed to and acknowledged by Lender in writing, fa) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and lb} any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to mak.e such inspections and tests, at Grantor's expense. as Lender may deem appropri8te to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleenup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender ageinst any and all claims, losses, liAbilitiJ'l!s. damaces. cenalties. and eXDenses which Lender may directly or indirectlv sustain or suffer rAJ':llltinn fr......... .. h......,..... ...4' .lo.;~ '-' ....,; MORTGAGE (Continued) Page 3 laws, ordinances, and regulations of governmental authorities. SUrvlV81 of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in ful/ force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings Bre a part of this Mortgage: Proceeding.. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal p211rty in such proceeding, but lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as mey be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, lender may at its election require that a\l or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by lender in connection with the condemnation. IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The fOllowing proviSions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxe.. Fees and Charge.. Upon request by lender, Grantor shall execute such documents in addition to this Mortgage and tak.e whatever other action is requested by lender to perfect and continue lender's lien on the Real Property. Gnmtor shall reimburse lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Texea. The following shall constitute taxes to which this section applies: (1) B specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgagei (2} a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax 88 provided above in the Taxes and liens section and deposits with lender cash or a sufficient corporate surety bond or other security satisfactory to lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security A9~ment. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue lender's security interest in the Rents end Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor I file executed counterparts, copies or reproductions of this Mortgage as a finencing statement. Grentor shall reimburse lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to lender within three (3) days after receipt of written demand from lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code} are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are 8 part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to lender or to lender's designee, and when requested by lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuetion statements, instruments of further assurance, certificates, and other documents as may. in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage 8S first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorization.. If Grantor fails to do any of the things referred to in the preceding paragraph, lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make. execute, deliver, file, record and do all other things as may be necessary or desirable, in lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by lender from time to time. EVENTS OF DEFAULT. Each of the following, at lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for texes or insurance, or e:ny other payment necessary to prevent fmng of or to effect discharge of any lien. Other Default.. Grantor fails to comply with or to perform any other term, obligation, covenant or conditinn rnntAi.......... i... +hi.. - .'- MORTGAGE (Continued) Page 5 any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage. together with any Related Documents, constitutes the entire understanding and agreement of the parties 8S to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage 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. Annu.1 Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender I upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as lender shaH require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and art! not to be used to interpret or define the provisions of this Mortgage. No Waiver by lender. Lender shall not be deemed to have waived any rights under this Mortgage 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 8S 8 waiver of such right or any other right. A waiver by lender of a provision of this Mortgage 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 Mortgage. No prior waiver by lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, 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 may be granted or withheld in the sole discretion of Lender. Severability_ If a court of competent jurisdiction finds any provision of this Mortgage tc :Je illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Succea.or Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. 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 Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Cumberland Holdings Limit~d Partnership and includes all co-signers and co-mak~rs signing the Note. O.fault. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Law.. The words "Environmental Laws" mean any and all state, federal and loca/ statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "EVent of Defau/t" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Cumberland Holdings limited Partnership. Gu,rantor. The word "Guarantor" meBr}s any guarantor, surety I or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, inCluding without limitation a guaranty of all or part of the Note. Hazardou8 Submnce.. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation anv and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements, The word "Improvements" means all existing and future improvements, buildings, structures. mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. IndebtedneS8. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. SpeCifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross~Collateralization provision of this Mortgage. Lend.r. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Mortgago. The word "Mortgage" means this Mortgage between Grantor and lender. _____--' ""_~_II _____ ..L_ ____,____.. __.._ ~_._~ ^__" 'On ............. :_ ...L_ --,-,-_. -- EXHIBIT "A" TRACT NO.1 ALL THAT CERTAIN tract ofland situate in the Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being two hundred ninety-five (295) feet southwest ofa common comer of land now or formerly of Rayrnond M. Singer and Ethel M. Singer, his wife, and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction two hundred eighty (280) feet to an iron pin; thence by land now or formerly of Rayrnond M. Singer and Ethel M. Singer, his wife, in a westerly direction one hundred forty (140) feet to an iron pin; thence by same, in a northerly direction two hundred forty (240) feet to a point in the center of the aforesaid public road; thence by the center of the aforesaid public road in a northeasterly direction one hundred forty (140) feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a twenty (20) foot right-of-way and the southwestern comer of property now or formerly of Wade D. Fraker and Barbara J. Fraker, his wife; thence along said property, South sixty-two (62) degrees forty-nine (49) minutes twenty- four (24) seconds East one hundred forty (140) feet to an iron pin and Lot No.5; thence by Lot No.5, South fourteen (14) degrees forty-four (44) minutes forty (40) seconds West one hundred sixty-five and forty-four hundredths (165.44) feet to an iron pin and land now or formerly of Ethel M. Singer, widow; thence by said land, South eighty-eight (88) degrees twenty-four (24) minutes forty-six (46) seconds West two hundred twenty-two and sixty hundredths (222.60) feet to an iron pin at the easterly edge of an existing twenty (20) foot right of way; thence along the twenty (20) foot right of way, North thirty-one (31) degrees twenty (20) minutes East two hundred sixty-nine and thirty-nine hundredths (269.39) feet to an iron pin, the place of BEGINNING. BEING known as Lot No.7 in a plan of]ots prepared by Wilbur H. Clifton, R.S., made June 11, 1979. BEING the same two tracts which Wade D. Fraker and Barbara J. Fraker, husband and wife, by their Deed dated April 12, 2002, and recorded April 17, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 251, Page 1342, granted and conveyed unto Cumberland Holdings, Ltd., a Pennsylvania limited liability company. AND BEING the same two tracts which Cumberland Holdings, Ltd., a Pennsylvania limited liability company, by its Deed dated April 26, 2004, and intended to be recorded simultaneously with this instrument in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partnership. ~UIVIIVIl:tl~IJ.\L \:iUAHAN I 0"11:11,:: References in the shaded area are for lender's use only and do not limit the applicabilitY of this document to any particular loan or item Any item above containing ....... has been omitted due to text len th limitations. . . Borrower: Cumberland Holdings limited Partnership ITIN: 20-1038062) 1120 Gr.entpring Road Newville, PA 17241 Guarantor: Edward l. Stum.1I ISSN: 211-52-2927) 1315 County line Road York Springs. PA 17372-9021 Lender: ORRSTOWN BANK STONEHEoGE OFFICE/JEFFREY GAYMAN PO BOX 250 SHIPPENSBURG. PA 17257 AMOUNT OF GUARANTY. This I. . guaranty of payment of the Note. including without limitation the principal Note amount of Two Hundred Twenty.f1ve Thou..nd & 00/100 oolla.. 1$225.000.001. GUARANTY. For good and valuable consideration. Edward L. Sturn. IIf"Guarantor") ab80lutely and unconditionally guarante.. end promi... te pay to ORRSTOWN BANK ("tende,") or ita order. on demand. in legat tender of the United Statea 01 America, the Indebtedn... (.. that term i. defined below) of Cumberland Holdings Limited Partnership ("Borrowe,") to lender on the term. and conditions ..t forth In this Guaranty. MAXIMUM LIABilITY. The maximum liability of Guarantor under this Guaranty shall not exceed at anyone time the amount of the Indebtedness described herein, plus all costs and expenses of (AI enforcement of this Guaranty and (B) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to lender either in the aggreg8te or 8t 8n'1 one time. If lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, lender's 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 liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes the Note, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and losn charges, and Ie} all collection costs 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 take effect when received by lender without the necessity of any acceptance by lender, or any notice to Guarantor or to Borrower, and will continlJe in futl force until al\ Indebtedness shall ha"e been fully and finally paid and satisfied end all of Guarantor's 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 anyone or more Guarantors shall 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 I,..eolog Guarantor's liability under this Guaranty, from time to time: IA) 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; (6) to alter, 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, inclUding increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; tel to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (01 to release, substitute, agree not to sue, or deBI with anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms 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 (FI to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (GJ to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (HI 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 which would limit or qualify in any way the terms of this Guaranty; IS) 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; (01 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 Jaw. regulation, court decree or order applicable to Guarantor; lEI 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 a.ny interest therein; IF) upon Lender's request, Guarantor will provide to lender 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 coneet in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; CGI no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to lender and no event has occurred which may materially advers.ely affect Guarantor's financial condition; (HI no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pend~g or threatened; (I) lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (JJ Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Gusrs.ntor agrees ~o keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's riSks und.er 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 WA\VERS. Except as prohibited by applicable taw, Guarantor waives any right to require lender (A) to contin~e lending money or to extend other credit to Borrower; (Bl 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 ac~ion O! non action ~n the pllrt of Borr~~er_ lender, any surety, endorser, or other guarantor in connection with the Indebtedne~s or In connect~on w~th the creation of new or addluon:~ loans or obligations; (el to resort for payment or to proceed directly or at once against any person, Including Borrowef or any o~er gU8rant~, (0) to proceed directly against or exhaust any collateral held by lender from Borrower, any other guarantor, or any other person, (E) to g. e 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 8Pplicabl~ proviSions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power; or tG) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. EXHIB I T 11 B n \n addition to the waivers set forth herein, if now or hereafter Borrower is or shall become insolvent and the Indebtedness shall not at all times ~ COMMERCIAL GUARANTY (Continued) Page 2 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 Of right to payment Guarantor may now have or hereafter have or acquire against Borrower. by subrogation or otherwise, so that at no time shall Guarantor be or become 8 "creditor" of Borrower within the meaning of 11 U.S.C. section 547lbl. or any succeSsor provision of the Federal bankruptcy laws. . Guarantor also waives any and all rights or defenses arising by reason of {AI any "one action" or "sntj...deficiency" 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 limitation, 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 Borrower's liability from Bny cause whatsoever, other than paym~nt in full in legal tender, of the Indebtedness; (0) any right to claim discharge of the Indebtedness on the basis of unjustified irnpairment 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 Indebtednes, 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 payment is made by Sorrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter lender is forced to remit the amount of 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 further 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 claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO 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 shalt be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, lender reserves a right of setoff in all Guarantor's accounts with lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor 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. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. 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, 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 lender 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 Bonower 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 Lender 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 file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights .under this Guaranty. M1SCELlANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendment.. 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; ExpenMs. 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 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 effons 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 fees 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. Integration. 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 indemnifies and holds lender harmless from all losses, claims, damages, and costs (including lender's attorneys' feesl suffered or 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 anyone or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If B 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 will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If anyone or more of Borrower or Guarantor are corporations, partnerships, limited liBbility compani.as, or similar entities, it is not necessary for lender to inquire into the powers of Borrower Qr Guarantor 'Or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. NotiC':P'R IJnlp,,:,,: nthprwi,,:p nrnvirlp.r1 hv aoo1ir:l'lhlp JAW ~n" nntir-p rp"llir",r! tn hI" "ilfPn t.....rl.., thi" r.I''''..ntv "hAil h... niwm in writinn. Anti COMMERCIAL GUARANTY (Continued) Page 3 a nationally recognized overnight courier. or. if mailed. when deposited in the United States mail. 8S first class, cenified or registered mail p~stage prepaid, directed to the addresses shown neaf the beginning of this Guaranty. Any party may change its address for notices under thIS Guaranty by giving formal wrinen notice to the other parties, specifying that the purpose of the notice it to change the party's address For ~otice purpo.ses, Gu~r8ntor agrees to keep Lender informe~ at ~II times of Guarantor's current 8d~ress. Unless otherwise provided b~ applicable law, If there IS more than one Guarantor, any notice given by lender to any Guarantor IS deemed to be notice given to all Guarantors. ~o Waiver by Lender. lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing end 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 p1'Ovision of this Guaranty. No prior waiver by Lender, nor any course of dealing between lender and Guarantor, shall constitute 8 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 may be granted or withheld in the sole discretion of Lender. Succe.sor. and A.sign.. 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. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specificallv 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 Commercia' Code: Borrower. The word "Borrower" means Cumberland Holdings Limited Partnership and includes all co.signers and co-makers signing the Note. Guarantor. The word "Guarantor" means each and every person or entity signing this GuarantY, including without limitation Edward L. Stum,ll. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of aU 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. Note. The word "Note" means the promissory note dated April 28, 2004, in the original principal amount of $225,000.00 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 agreements, 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 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 ADVANCEO BY LENOER RELATING TO ANY COLLATERAL SECURING THE INDEBTEONESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUEO INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUOGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO OOING, 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 EXHAUSTEO 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 GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUOGMENT 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. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 2B, 2004. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EfFECT OF A SEA 0 INSTRU ENT ACCORDING TO LAW. COMMERCIAL GUARANTY (Continued) Page 4 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ('o.......b <2. r I a-tA. ) )SS ) dayo! Af\":' ,200'1 ,be!orem.1o,''f;f)~..5d/<2''/'s'j~ , the undersigned Ndtary Public. personally appeared Edward L. Stum. II. known to me lor satisfactorily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In wltnes. whereof. I hereunto .et my hand and official .al. On this, the :;;)) H.. COMMONWEALTH OF PENNSYLVANIA Nolad8I SeeI LAJIs /WI &.6oill<ll\JOl. NoIary PUlIic Soulh MddIebM1 Tv.1>., c..nbe.laIld CoIfty My c......a.ob, Elql/nls Oct. 28, mr :f]{lML?/- Notary Public in and for the State of (i.....,.,., $:1"1 U4A(,.: "L f1l L ... ? _ 1. A.__...._.I....t'V~ I.A8ERl'IlDlendln/l,V..I.:rMo.DlI1 C.....twloIWI~1nonoloI8oIuIIono._'"J,_. MII8hlo""'....... .M Q:\Cfl'U'\.\f2o.fC lJII.7_ ""., COMMERCIAL GUARANT . .. . 7t;'~iiQg;n 'Cant Coif .1tOl~ 71riltllfiiF ".://....:.: References in the shaded area are for lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ....u has been omitted due to text length limitations. Borrower: Lender: ORRSTOWN BANK STONEHEDGE OFFICE/JEFFREY GAYMAN PO BOX 250 SHIPPENSBURG. PA 17257 Cumberland Holdings limited Partnership (TIN: 20-1038062) 1120 Green.pring Road Newville. PA 17241 Guarantor: Li.. M. Stum ISSN: 175-62-8121) 1315 County Line Road York Spring.. PA 17372-9021 AMOUNT OF GUARANTY. This is . guaranty of payment of the Note. including without limitation the principal Note amount of Two Hundred Twenty-liv. Thou..nd & 00/100 DolI.r. 1$225.000.00). GUARANTY. For good and valuable consideration, LIlA M. Sturn ("Guarantor") absolutely and unconditionally guarantee. and promisee to pay to ORRSTOWN BANK ("lender"' or its order. on demand. in legal tender of the United States of America. the Indebtedness (as that term is defined below) of Cumberland Holdings limited Partnership ("Borrower") 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 anyone time the amount of the Indebtedness described herein, plus all costs and expenses of IA) enforcement of this Guaranty and IBI collection and sale of any collateral securing this Guaranty. The above limitation on liability 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, lender's 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 liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes the Note, including (a) all principal, (bl all interest. (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs 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 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 Guarantor's 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 anyone or more Guarantors shall 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 Guaranty. from time to time: (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 alter, 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, including increases and decreases of the rate of interest on the Indebtedness; 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 Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; IDI to release, substitute, agree not to sue, or deal with anyone or more of Borrower's sureties, endorsers, or other guarantors on any terms 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 thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as lender in its discretion may determine; IG) 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 which would limit or qualify in any way the terms of this Guaranty; IB) 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; IDI 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 lender 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 Guarantor'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; (I) lender has made no representation to Guarantor as to the creditworthiness of Borrower; 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 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 non action 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 loans or obligations; IC) 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 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; IF) 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. EXHI BIT "C" In addition to the waivers set forth herein, if now or hereafter Borrower is or shall become insolvent and the Indebtedness shall not at all times COMMERCIAL GUARANTY (Continued) Page 2 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 Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become 8 "creditor" of Borr~wer within the meaning of 11 U.S.C. section 547(b), or any successor provision 01 the Federa1 bankruptcy laws. Guarantor also waives any and all rights or defenses arising by rBason of (AI any "one action" or "anti-deficiency" law or any other law which may pre....ent Lender from bringing any action, including 8 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 limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (e) any disability 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 in legal tender, of the Indebtedness; (0) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; IE) 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. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter lender is forced to remit the amount of 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 further 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 claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO 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 shan be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by app\icable law, lender reserves a right of setoff in all Guarantor's accounts with lender (whether checking, savings, or some other accountl. This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor 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. Guarantor authorizes lender, to the extent permitted by applicable law. to hold these funds if there is a default, and lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. 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. 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 lender and Guarantor shalf 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 lender 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 file financing statements and continuation statements and to execute documents and to take such other actions as lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. 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 expenses. inclUding lender's attorneys' fees and lender's legal expenses. incurred in connection with the enforcement of thi~ GU8l'snty. lender may hire or pay someone elS8 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 fees 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. Integration. 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 indemnifies and holds lender harmless from all losses, claims, damages, and costs (including lender's attorneys' fees) suffered or 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 shatt mean all and anyone 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 will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If anyone or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, 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 indebtedness made or created in reliance upon the prOfessed exercise of such powers shall be guaranteed under this Guaranty. Notices. 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 telefacsimile (unless otherwise required by law), when deposited with COMMERCIAL GUARANTY (Continued) Page 3 8 nationally recognized overnight courier. or. if mailed, when deposited in the United States mail, as first class, certified or regiltered mail postage prepaid, directed to the addresses shown neaf 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 party's address. For notice purposes, Guarantor agrees to keep Lender informed at a/l times of Guarantor's current address. Unless otherwise provided by applicable law, 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 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 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 a8 to any future tran8actions. 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 may be granted 01' withheld in the sole discretion of lender. Successors and Assigns. The terms of this Guaranty shatt 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. 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 Cumberland Holdings limited Partnership and includes all co-signers and co-makers signing the Note. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Lisa M. Sturn. Guaranty. The word "Guaranty" means the guaranty from Guarantor to lender, including without limitation a guaranty of 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. Note. The word "Note" means the promissory note dated April 28, 2004, in the original prinCipal amount of $225.000.00 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 agreements, 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 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 DR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS. TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500\ ON WHICH JUDGMENT DR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEOIA TEL Y; AND FOR SO DOING. THIS GUARANTY DR 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 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. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION. EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 28. 2004. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: ~............................~.....71/;............................~.................... .................................... ... ...~....ii./.... .... ~ .Stu~...O.. . . ...(S..II COMMERCIAL GUARANTY (Continued) Page 4 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu..llt.bef'la....J. I ISS I dayo! YiIJI';-/ ,200-?> ,be!oreme~..>fJ/I-i.< 5:./I<,.-..I..e-).v- , the undersigned Nltary Public, personally appeared Usa M. Stum.. known to me (or satisf8ctor~y proven) to be the person whose name is subscribed to the wjthin instrument. and acknowledged that he or she executed the same for the purposes therein contained. .V /7 A III / ,:, L In witn... wh.reo!, r h.r.unto eet my hand and official ...1. ~tt.:-./ J..-I::t.k ~ COMMONWEALTH OF PENNSYLVANIA /) NotarIal Seal Notary Public in and for the State of ~;(,;As:.yILJtt.~....... lIliB Ann s.At.. oballl8l, Ncllary NllIc ScUh MddleIown Twp., ClIrIleoIalld County MyCU,.,1isSIoo ,E>cp/rlls Oct. 28, 2007 On this, the 23t1.. 11 1'-1 .. 1"'- , .___..I_U__ t'\I),J..t..~_ lASE"JIfIOl~.V..I.:t3,40,ODI CeI>r._~8aIuIlMo.Ino.l"1._. AIlIllGMo".._.... _'10 a:w:fl~\IEZO.fC lR.1_ PR.' ::::f ~ ~ r ~ (;::.. ~ \ ~ --S\ :\:\ ~ --l ~ " ~, -- ..s:;, ~ ~ '- ~ \,." ~ ~ ~ ~'~ () C_~l ~n (....." L- :;:I ;,-'170 :7~Vl ,f) ij~ t~~ -~! 1"-' ~, .-"" 0" - II " ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- Jl/J CIVIL TERM CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT Defendants AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF ADDRESS COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is counsel to the Plaintiff herein, and as such states the following: I. The Defendants, Edward L. Stum, II and Lisa M. Stum, are not in the 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 1940, as amended. 2. The Defendants, Edward L. Stum, II and Lisa M. Stum, are more than 21 years of age and have a current address of 1315 County Line Road, York Springs, Pennsylvania 17372. 3. The address of Cumberland Holdings, L.P. is 1120 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 3. lIe ,"" =""","00 tire """" i"f"m"~M1 JVO,ti"'~d m"~ <hi, Affidavit with due authority. ~~/:! ( ~ David A. Baric, Esquire Sworn to and subscribed before me this 1lfU1 day ofJanuary, 2005. ~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~ Jennifer S. Lindsay, Notary Public I Car1isle Bora, Cumberland County My Commission Expires Nov. 29, 2007 Member. Pennsylvania ,~ssociation Of Notaries dab.dir/orrstown bank/cum berland holdings/nonmilitary .aff ,..., '??) J" <-- :-7,'~ .'''~- - ....C ::';.~, ~- C) -""'n _.0"1 -.. t;? (./,~ O.'i - ------ II II ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2005-)t!J CIVIL TERM CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT Defendants AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certifY that I am counsel for Orrstown Bank, the Plaintiff herein, and hereby certifY that judgment is not being entered against natural persons in a consumer transaction. ?J:J/&:~ David A. Baric, Esquire dah.dir/orrstownhankfcumberlandboldings/commericaltransaction.aff -- ~ ,-" <- ~~.~i,; ~- ,.,:) -v r'-J c;:; Ci"'1 - II ORRSTOWN BANK, Plaintiff v. CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL TERM CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT NOTICE OF JUDGMENT PURSUANT TO Pa.R.c.p. 236 TO: Edward L. Stum, II 1315 County Line Road York Springs, Pennsylvania 17372 a/"c/~ . Protho t Notice is hereby given to you of entry of a judgment against you in the above matter. Date: 1~6 dab.dir/orrstownbanklcum berlandholdings/edwardstum236.ntc II ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- CIVIL TERM CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Lisa M. Stum 1315 County Line Road York Springs, Pennsylvania 17372 Notice is hereby given to you of entry of a judgment against you in the above matter. ~~~ Date: ~D5 dab.dir/orrstown bank/cnm berlandholdings/lisastum236.ntc " ORRSTOWN BANK, Plaintiff v. i :1 i, !i 'I II II ji Ii i! , Ii i' il 'I /: Ii Ii I: " '1 " Ii li ! '1 il i :1 CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL TERM CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 Notice is hereby given to you of entry of a judgment against you in the above matter. II Ii I ~P5 Date: dab.dirlorrstownbanklcumberlandholdingslcumberlandholdings236.ntc WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYL VANIA, COUN1Y OF DAuPHIN CIVIL ACTION - LAW n '" _ 7Lc 0 ",' - ;{ 3 If LU...... ( 4.-- Claims Recovery Systems 6 East Main Street Carnegie, PA 15106 l-N':) - ~'5 T / Writ No. 2004-NT-2081- VS. AmountDue $1,282.91 COSTS Plaintiff Paid: $21.00 Prior Writ: $26.00 Sheriffs Costs: $37.00 This Writ: $26.00 Tammy Mcclellan 423 Seventh Street New Cumberland, P A 17070 tro THE SllElUFF OF CUMBERLAND COUNTY:I To satisfy the debt, interest and costs against TAMMY MCCLELLAN, Defendant(s). (1) You are directed to levy upon the property of the defendant(s} and to sell his, her (or their} interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Gamishee(s) as follows: and to notify the Gamisb.ee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is/are enjoined from paying any del5t to or for the account of the defendant(s) and from delivering any property of the defendant(s} or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him or her that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Joseph H. Kleinfelter, President Judge of the Court ofColDlllon Pleas ofDaupbin County at the City of Harrisburg, November 26, 2004. Stephen E. Farina, Prothonotary ~P~cJ' AW"'i)~ Deputy ReQuestiDl! Pam: Craig Barnett 412.276-6870 AND NOW Writ re-issued Stephen E. Farina, Prothonotary () r-> C) Q'~ (~~ ~ -n f> ...... ,. t.-- :r:..,... .,.,c. (11~ -;,- --n \-".:r\ - ~ i,' -- '~,~)9 ~ ~ \",c' ':;2tr;~- ~"- \. -::"" ......, -.... :..:~S\~~~ c -" .r.: ~~ '"7:~ -- o>Q -,,~,., l^. '" , 0 :;:l. ... I'l ..\ .-- c;- ...c:. -< c.;J ~ -t:.. 'P ~ If\. ~ ~ ., \ \\~~ ~*1. \..\) ~ 'J V . . . ..~'f(tiSi!.'yl.\\,) '<10 .~l.,,\\Cl.J.~~ ~\) ~')\~~Q :l:l\~:'\'IS 3" ~ --- .- R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee TOTAL $ Advance Costs: Sheriff s Costs: 150.00 77.10 $ 72.90 18.00 1.52 25.00 12.58 20.00 Refunded to Atty on 02/10/05 77.10 Sworn and Subscribed to before me . 2.. -J ThIS --LL- day of .:f -/.-.f,.-<..t..u, 1 2005A.D.().~4' a Yh-,~/h; ~ P thonotary So An-.;:;> ~ ~ --- ~t:~c ; R. Thomas Kline, Sheriff ,,') QjCt4uLCl-Q ,.\),~b~ By Claudia A. Brewbaker 1" J ~ LO :0\ '<:;j Z \ \Wr SUUl " (".:,-, "tf~dyil\:J 'tJd ')\.~:..\,i~.J~l' I"'" 1_IOIJ51330 ;l;l\B3\1'o ,,,11 ~ WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 Claims Recovery Systems 6 East Main Street Carnegie, PA 15106 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION - LAW 7"L;,.05- 337 0.d.J T(~ -) '---; . ., ,""'_ ~ ~," __ I Writ No. 2004-NT-2081- VS. Amount Due $1,282.91 COSTS Plaintiff Paid: $21.00 Prior Writ: $26.00 Sheriffs Costs: $37.00 This Writ: $26.00 Tammy Mcclellan 423 Seventh Street New Cumberland, P A 17070 rro THE SHERIFF OF CUMBERLAND COUNTy:1 To satisfy the debt, interest and costs against TAMMY MCCLELLAN, Defendant(s). (I) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) islare enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property ofthe defendant(s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him or her that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Joseph H. Kleinfelter, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg, November 26,2004. Stephen E. Farina, Prothonotary By+9':~)'AlA)Jl- ,;:r Deputy Requestinl! Party: Craig Barnett 412-276-6870 AND NOW Writ re-issued Stephen E. Farina, Prothonotary f flUE COpy FROM f~ECCP,D 'cc r.!lSldM!rty *M;C'0f, I t;:,ff.' llrl'() IT'"\' rliJ.ll<l I tiMI ~ 01 !l.1/d COI'rt :It CariiSi~, f~. 'illS Iff Day ~ ' ~'./ ". (I )I" (----:~o_:7o;~ ll\ oM 1UI'0fbtIJ'