HomeMy WebLinkAbout05-1214
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. OS - IllY C!-'ht ~~
COMMERCE BANK
v.
LAUREN.I. DEIMLER and MARLENE DEIMLER
Defendants
CIVIL DIVISION - LA W
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance
personally or by an attorney and tiling in writing with the court YOlll' defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to YOl!.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CIJMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY A VENUE
CARLISLE PA 1701.:1
(717) 249-3166
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK
LAUREN .I. DElMLER and MARLENE DElMLER
Defendants
CIVIL DIVISION - LA W
C!. i <>Lll~
v.
NO. Or- /2.1+
COMPLAINT
The Plaintiff. COMMERCE BANK, by attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of
Assumpsit against the Defendants to recoverthe sum of SIXTY -NINE THOUSAND, SEVEN HUNDRED EIGHTY-EIGHT
DOLLARS AND FORTY CENTS ($69,788.40). along with interest thereon from February 15,2005 upon a cause of action
of which the following is a statement:
I. The Plaintiff, COMMERCE BANK, is a banking institution under the laws of the Commonwealth of
Pennsylvania, having its principal officc and place of business at 100 Senate Avenue, Camp Hill, Cumberland County,
Pennsylvania 1701].
2. The Defendant, LAUREN .I. DElMLER, IS an adult individual residing at I] 8 Beard Road, Enola,
Cumberland County, Pennsylvania 17025.
3. The Defendant, MARLENE DElMLER, is an adult individual residing at 1147 Lambs Gap Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
4. On our about January 7. 1997 Defendants, along with a Stanley M. Deimler doing business as Central
Hardware, obtained a loan from the U.S. Small Business Administration in the amount of Sixty Thousand Dollars and Zero
Cents ($60,000.00). Lauren.l. Deimler signed said Note as a maker and Marlene Deimler signed said note as a guarantor.
A true and correct copy of said Note is attached hereto, marked Exhibit "A" and made a part hereof.
F :\t J S I: R\ST ^ CY\( T P co M P I.A] NTS\ WO RK \( '( lM MERe E30799 REV. \vpd :2R Fcb05
5. The Defendants defaulted on the obligation to make payments, and refused to honor the remaining payments
due and owing.
6, On our about January 7, 1997, Defendants did execute a Commercial Pledge and Security Agreement for
numerous shares of stock. At the time of default said shares were liquidated and applied to the loan balance. A true and
correct copy of said Agreement is attached hereto, marked Exh ibit "B" and made a part hereof.
7. The balance due and owing by Defendants to Plaintiff is the sum of Thirty-One Thousand, Nine Hundred
Ninety-Seven Dollars and Fifteen Cents ($31,997.15), as appears by Plaintiffs History Statement hereto attached, marked
as Exhibit "C" and made a part hereof.
8. Due to the default of Defendants, Interest in the total amount Twenty-Three Thousand, Nine Hundred Forty-
Nine Dollars and Forty-Five Cents ($23,949.45) have been added to said account, per said Statement at Exhibit "C".
9. Due to the default of Defendants, Late Fees in the total amount of Two Thousand, Two Hundred Ten Dollars
and Forty Cents ($2,210.40) have been added to said account. per said Statement at Exhibit "C".
1 O. Due to the default of Defendants, and pursuant to the terms and conditions of the Note executed by
Defendants at said Exhibit "A", Attorney's Fees in the total amount of Eleven Thousand, Six Hundred Thirty-One Dollars
and Forty Cents ($11.63 \ AO) have been added to said account.
II. Plaintiff frequently demanded payment from Defendants of said amount due and owing as aforesaid, but
Defendants refused and neglected and still refuse and neglect to pay said amollnt of any part thereof.
':\l!SU~\STi\CY\( '('I' COMPIAINTS\ WORK\COM M I~RCE30799.\Vpd: 18Feb05
3
WllEREFORE, Plaintiffbringsthis suitto recover from Defendants the sum of SIXTY -NINE THOUSAND, SEVEN
IIlJNDRED EIGHTY-EIGHT DOLLARS AND FORTY CENTS ($69,788.40), along with interest thereon from February
15.2005.
Respectfully submitted,
KNUPP, KODAK & 1M BLUM, P.c.
~.~/....;
h" ..../'
/f .".
.' -,,-.
Robert D. Kodak
407 North Front Street
Post Office Box # 11848
Harrisburg. P A 17] 08-1848
(717)238-7]51
Attorney lD No. 18041
Attorney for Plaintiff
':\1 !SJ:R\SlACY\CCP ('OM PI.A INTS\ \VORK\( 'OMMER( 'E30799. \\pd:] 8FchO.'i
4
U.S. Small Business Administration
SeA lOAN NUMBER
TDP ~R~qHS~OOO PHI
. NOTE
Camp Hill. PA
(City _ S-)
S 1m ()()O 00
(Oate) January 7
1997
, -
For value received, the undersigned promises to pay to the order of Corrrnerce Bank/Harrisburg, N, A.
("-I
at its offtce in the city of
r.Hmp Hi 11
, Slate of Pennsyl vania
c
or at holder's option, at such other place as may be dllSignated from time to time by the holder
($60,000.00)
Sixty Thousand and OO/100****************************.****'*****-*'***~****+......w++....,.........-.:'lI<: dollars
(WrlW oul _
. f two (2)
wilh interest on unpaid principal computed from the date of each advance to the undersIgned at tha rate 0 percent pe
annum,~=- over the index. The Index currently is 8,25% per
annum. e interest rate on the Note is subject to change from time to time based
on changes in an independent index which is the highest prime rate published in the
Wall Street Journal and in effect as of the first day of each billing cycle prior
to the rate change date (the"Index"). The interest rate change will not occur more than
each day, *The initial interest shall be 10,25% per annum with payment to be made in
installments as follows:
Subject to any payment changes resulting from changes in the Index, Borrower will
pay this loan in 59 principal payments of $1,000 each and one final principal and interes
payment of $1,083.83. Borrower's first principal payment is due February 7, 1997, and al
subsequent principal payments are due on the same day of each month after that, In
addition, Borrower will pay regular monthly payments of all accrued unpaid interest
due as of each payment date. Borrower's first Interettpayment is due February 7, 1997
and all subsequent interest payments are due on the same day of each month after that.
COLLA1ERAL: This Note is secured by a Mortgage from Borrower to Lender dated
January 7, 1997 on property COlllllOnly known as 433 Poplar Church Road, Wormleysburg, PA
UCC's on Business Assets; a Personal Guarantee by Marlene J, Deimler secured by Stocks,
*Interest on this Note is computed on a 365/360 simple interest basis; that is, by
applying the ratio of the annual interest rate over a year of 360 days, multiplied
by the outstanding principal balance, multiplied by the actual number of days the
principal balance is outstanding. Unless otherwise agreed or required by applicable
law, payments will be applied first to accrued unpaid interest, then to principal,
and any remaining amount to any unmpaid collection costs and late charges,
II this Note contains a fluC1uatlnginterest rate, the nollce provision is not a pre-eondllion lor fluctuatio~ (which shall la~e place
regardless 01 notice). Payment of any installment 01 principal or interest owing on this Note may be made ~nor to the matulily date
thereof without penalty. Borrower shall provide lender with written notice 01 intent to prepay par1 or all of thIS loan at least three (3)
weeks prior to the anticipated prepayment date, A prepayment is any payment made ahead of schedule that exceeds twenty (20) per-
cenl of the then outstanding principal balance. If borrower makes a prepayment and lails to give at least three weeks advance noti~e
01 intent to prepay, then, notwithstanding any other provision to the contrary in this note or other document, borrower shall be reqUIred
to pay lender three weeks interest on the unpaid principal as 01 the da e r ce i aymenl.
SBA Form 141 (s-an Previous editions OD~eI.
Pig_ .
The lerm "Indebtl!<lness" as used herein s/1all mean !Me indebtl!<lness ev'denced by tnlS Note. including pnnclpal. 'nteresr. and
expenses. whether contingent, now due or hereafter to become due and whether heretofore or contemporaneously herewith or here-
al1er contracte<l. The term "Collatera/" as used in t/1is Note shall mean any lunds, guaranties. or other property or ngnts Iherem of any
nature whatsoever or t/1e proceeds thereof which may nave been, are. or hereafter may be. hypothecated, direCtly or indirectly by tne
undersignl!<l or olhers. in connection wilh. or as security tor, the Indebtedness or any part thereof. The Collateral. and each pan
thereof, shall secure the Indebtedness and each parr thereof. The covenants and conditions sef lorth or referred to in any and all in.
struments of hypothecation constituling the Collateral are hereby incorporated in !Mis Note as covenants and COnditions of !Me under-
signed wilh the same force and ettect as though suCh covenants and conditions were lully set forth herein.
The Indebtedness shall immediately become due and payable. without notice or demand. upon the appointment of a rece.ver or
liquidator. whether voluntary or involuntary, for the undersigned or for any of ils property. or upon the tiling of a petition by or against
the undersigned under the provisions of any State insolvency law or under the provisions of the 8ankruptcy Reform Act of 1978. as
amendl!<l, or upon the making by the undersigned of an assignment lor the benefit of ilS creditors. Holder is authorized to declare all
or any part of !Me Indebte<lness imme<liateiy due and payable upon !Me happening of any of the lollowlng events: (1) Failure '0 pay any
part of the Indebte<lness when due: (2) nonperformance by the undersigne<l of any agreement with. or any condition imposed by.
Holder or Small Business Administration (hereinafter called "S8A"), with respect 10 the Indebtedness; (3) Holder's discovery of the
undersignl!<l's lailure in any application of t/1e- undersigned to Hoider or S8A to disclose any fact deemed by Holder to be material or
of the making therein or in any of the said agreements, or in any affidavit or other documents submitted in connection wilh said appli-
cation or the indebte<lness, of any misrepresentation by. on behalf of. or for !Me benefit of the undersigned: (4) Ihe reorganization
(other than a reorganization pursuant to any of the provisions of Ihe 8ankruptcy Reform Act of 1978. as amended) or merger or con.
solidation of the undersigned (or the making of any agreement therefor) without Ihe prior written consent of Halder; (5) the under.
signe<l's failure duly to account, to Holder's satisfaelion. at such lime or times as Holder may require. for any of the Collareral. or pro-
ceeds !Mereof. coming into the control of the undersigned; or (6) Ihe institution at any suit affecting the undersigned deemed by Holder
to affect adversely its interest hereunder in the Collateral or othelWise. Holder's lailure to exercise its rights under Ihis paragraph shall
not constitute a waiver thereol.
Upon the nonpayment of the Indebtedness, or any part thereof, when due, whether by acceleration or othelWise. Halder is em-
powered to sell. assign, and deliver the whole or any part of the Collateral at public or private sale. without demand. advertisement or
notice of !Me time or place of sale or of any adjournment thereof. which are hereby expressly waived. After deducling all expenses in-
cidentalto or arising tram such sale or saies. Holder may apply the residue of the proceeds thereof to the payment ot the Indebted.
ness, as it shall deem proper. returning rhe excess. it any, to the undersigned. The undersigned hereby waives all rrght ot redemplion
or appraisement whether before or aller sale.
Holder is further empowered to collect or cause to be collected or otherwise 10 be converted into money all or any part of the
Collateral, by suit or othelWise, and 10 surrender, compromise. release. renew. extend, exchange. or substitute any item at the Col-
lateral in transactions with the undersigned or any third party. irrespective of any assignment thereof by the undersigned. and without
prior notice to or consent of the undersigned or any assignee, Whenever any item of the Collateral shall not be paid when due. or
ofhelWise shall be in default, whether or not the indebtedness, or any part thereof, has become due, Holder s/1all have the same rights
and powers with respect to such item of the Collateral as are granted in this paragraph in case at nonpayment of the Indebtedness. or
any pa" thereof. when due. None of the rights. remedies, privileges. or powers of Holder expressly provided tor herein shall be ex.
clusive. but each ot them shall be cumulative with and in addition to every other right. remedy, privilege. and power now or hereafter
existing in favor of Holder, whether at law or equity, by statute or othelWise.
The undersigned agrees to lake all necessary steps to administer. supervise, preserve. and protect the Collateral: and regardless
of any action taken by Holder, there shall be no duty upon Holder in this respect. The undersigned shall pay all expenses of any
nature, whether incurred in or out of court, and whether incurred before or after this Note shall become due at its maturity date or
otherwise, including but not limited to reasonable attorney's fees and costs, which Holder may deem necessary or proper in connection
with the satistaction of the Indebtedness or the administration, supervision, preservation, protection at (including, but not limited to. the
maintenance of adequate insurance) or the realization upon the Collateral. Holder is authorized to pay at any time and from time 10
time any or all of such expenses. add the amount of such payment to the amount of the Indebtedness, and charge inrerest thereon at
the rate speclfie<l herein with respect to the principal amount of this Note.
The security rights of Holder and its assigns hereunder shall not be impaired by Holder's sale. hypothecation or rehypothecation
of any note of the undersigned or any item of the Collateral. or by any indulgence, including but not limited to (a) any renewal. exten-
sion, or modification which Holder may grant with respect to the Indebtedness or any part thereot, or (b) any surrender, compromise.
release. renewal. extension, exchange. or substitution which Holder may grant in respect of the Collaterai, or (c) any indulgence
granted in respect of any endorser. guarantor. or surety. The purchaser. assignee, transferee. or pledgee of Ihis Note, the Collareral,
and guaranty, and any other document (or any of !I1em), sold. assigned, transferred. pledged. or repledged, shall forthwith become
vesred wilh and entitled to exercise all the powers and righls given by this Note and all applications of !Me undersigned to Holder or
S8A. as it said purchaser. assignee. transteree. or pledgee were originally name<J as Payee in this Note and in said application or
applications.
SBA FOlm I A 7 Is.a7}
Page 2
0'" .....,.. Mo. ~1
This promissory note is gi~en to Se1:ure a loan which SeA is making or in which it is participating and. pursuant to Part 101 of
llle Rules and Regulations of SBA (13 C.F.R. 101.1(d)). th,s instrumenl is to be construed and (when SBA is tile Holder or a party in
interest) enforced in accordance witll applicable Ftderallaw.
By: Central Hardware
witness:
~~\fP
Jr.
~~
y(iIIAiAI2iJ;m&J
Lauren J, Deiml r
Witness:
~AAJ~ffiP
GUARANTOR:
>>!(1-14~ # I/'i?///J
Marlene J, Deim{er
NOle.-COrporale applicants must execute Note. in oorporall name. by dUly authorized onloer, and seal must oe affixed and duly an.sred: pan.
ershlp applicants must execut. Note in firm name. together with signature 0' a general partner.
SA Fonn '" (~1l POll> J
0.5. ~ PlUN'rING OITICE 1993 0 - 151-353
ewe -....... No. >>u.G:IO,
ThIS promIssory nOle '5 gIven 10 secure a loan. whICh S8A 15 making or In which II '$ panlclparing and. pursuant to Pan 101 of
Ihe Rules and Regula"ons of S8A (13 C F.R lOt ,lId}). Ih,S ,"slrument,s 10 be cons,rued and (when S8A IS the HOlder or a pany In
InlereSl) enlorced in accordance WlIl\ applicable Federal law
'CONFESSION OF JUDGMENT CLAUSE - The Undersigned hereby authorizes and empowers
any attorney or clerk of any Court of record in the United States or elsewhere
to appear for and. with or wothout declaration filed. confess judgment against
the Undersigned in favor of the holder. assignee or successor of holder of the
Note. at any time, for the full or total amount of this Note. together with all
indebtedness provides for therein, with costs of suit and attorney's commission
of ten (10) percent for collection; and the Undersigned expressly releases all
errors. waives all stay of execution. rights of inquisition and extension upon
real estate and all exemption of property from levy and sale upon any execution
hereon; and the undersigned expressly agrees to condemnation and expressly
relinquishes all rights to benefits or exemptions under. any and all exemption
laws now in force or which may hereafter be enacted.
i!!fi!!!fC
-_._~ /
/ "- ..-
.. -~~---_._. 1'-/
St _./~ .: Deim~~~~~, ~
~Mf!1eilli6/l
Lauren J. mler
NOlf.-Corporale ilQPllCitnlS ",US' .wean. NOle. In corgorale Nltne. by duly authc)(fZed o"~er. and Hal muSI be aHlxed 1M dilly anesleet PiI"'
hip appllcanls musl ..ecule Note t" tu'rn name. loge.....' Wl'h "O"oIlur. of it gene,al panner.
Fonn 147 fs.,7j
P_3
COMMERCIAL PLEDGE AND SECURITY AuREEMENT
Borrower: Stanley M. Oelmler, Jf. (SSM: 1TI-42-18&2)
Lauren J, Dehnler (SSN: 175-62-6687)
dba: Centrel Hardware
81 2nd Street
West Falrvlew, PA 17025
Marlene J. Delmler (SSN: 200-32-8478) t
1147 Lambs Gap Road
Mechanlcsburg, PA 17055
THIS COMMERCIAL PLEDGE AND SECURITY AGREEMENT Is entered Into among Stanley M. Delmler, Jr. and Lauren J Delmler (referred 't
below tiS "Borrower"); Marlene J. Delmler (relerred to below as "Gran lor"); lInd Commerce BllnkIHerrlsburg, NatIonal Assoclallon (referred 10
below lI$ "Lender")
GRANT OF SECURITY INTEREST, For valuable consideration, Grantor grants 10 Lender I seGl.lrUy Interest In the Collateral to secure the
IndebtedneS!lllnd agrees that Lender shall have the rights stated In this Agreement with respect to the Collaterel, In eddlllon 10 all other rIghts ~
which Lender mey heve by lew.
DEFINITIONS. The followIng words shall have the tollowlng meanings when used in this Agreemenl:
Agreement. The word "Agreement" means this Commercial Pledge and Security Agreement, as this Commercial Pledge and Security Agreement
may be amended or modified lrom lIme to lime, together wIth a" eXhlblts and schedules attached 10 this Commercial Pledge and Secur!!y
Agreement trom time to time. (3.:
Borrower. The word "Borrower" means each and every person or entity signing the Note, including withoutllmitatlon Stanley M. Deimler, Jr. and r--...
Lauren J. Deimler. I .
Collateral. The word "Collateral" means the following specifically described property, which Grantor has delivered or agrees 10 deliver (or cause ~
~o be de~vefed Of appropriate book-en\rles made) immediately to Lender, togelher wllh an Income and Proceeds as described below: '"'
100.000 sheres of General Motors Corporation, 370442105 0,
12ft.GOO shares of Pfizer Inc., 71708"03 ~
126.000 sheres of Lockheed Mertln Corporation, 539830109 CJo.
4.000 shares or GM Hughes Electronics Corporation, 370442501 ex
16.000 shares of Electronic Dete Systems Corporation, 285661104 ~
~
Lender:
Commerce Bank/Harrisburg, National Association
Main Office
100 Senate Avenue
Cemp Hill, PA 17011
l
"
Grantor:
In addllion. the word "Collateral" Includes all property of Grantor, In the possession of Lender (or in the possession 01 a third party subject to the
control of Lender), whether now or hereafter existing and whelher tangible or intangible In character, including without limitation each 01 the
following:
(a) All property to which Lender ecqulres title or documents of title.
(b) All property a&S1gned to Lender.
(c) All promissory notes, bills of exchange, stock certlflctltes, bOnds, savings pessbooks, time certlflcetes of deposll, Insurance
policies, and all other Instruments and ellldences of on oblIgation.
Cd) All records reletlng to eny or the property described In thIs Collaterel section, whether In the form of a wrlllng, mIcrofilm,
mlcronche, or electronic media.
Event of Default. The words "Event 01 Default~ mean and Include without limitation any 01 the Events of Defaulf set forth below in the section tilled
"Events of Defaull."
Grantor. The word "Grantor" means Marlene J. Delmler. Any Grantor who signs this Agreement, but does not sign the Note, Is sIgning this
Agreement only to grant a security Interest in Grantor's Interest in the Collateral to Lender and Is not personally liable under the Note except as
otherwise provided by contract or law (e.g., personal liability under a guaranty or as a surety).
Guarantor. The word "Guaranlor" means and Includes without limitation each and all of the guarantors, sureties, and accommodation parties in
connection with the Indebtedness.
Income tlnd Proceeds. The words "Income and Proceeds" mean all present and future income, proceeds, earnings, Increases, and substitutions
from or for the Colialeral of every kind and nature, Including wllhout limitation all payments, Interest, proHls, distributions, benefits, rights, options,
warrants, dividends, stock dividends, slock splits, stock rights, regUlatory dividends, dlstrlbutlons, subscriptions, monies, claIms lor money due
and to become due, proceeds of any insurance on the Collateral, shares of stock of different par value or no par value issued in substitution or
exchange for shares Included In lhe Collateral, and all other property Grantor is enlltled to receIve on account 01 such Collateral, including
accounts, documents, Instruments, chattel paper, end general Intangibles.
Indebtedness. The word "Indebtedness~ means the Indebtedness evidenced by the Nole, including all principal and interest, together with all
other indebtedness and costs and expenses for which Borrower or Grantor is responsIble under this Agreement O!' uf\der any of lhe Rela.ted
Documents. In addition, the word "Indebtedness" Indudes all other obligations, debts and liabilities, plus Interest thereon. of Borrower. or anyone
or more of them, to Lender, as well as all claims by Lender against Borrower, or anyone or more 01 them, whether existing now or later; whelher
they are voluntary or Involuntary, due Of not due, direct or Indirect, absolute or contingent, liquidated or unliquldated; whether Borrowel may be
liable Individually or )oinUy with others; whether Borrower may be obligated as guarantor, surety, accommodaflon party or otherwise; whether
recovery upon such Indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness may be
or herealler may become otherwise unenforceable.
lender. The word "L.ender" means Commerce Bank/Harrisburg, National Association, its successors and assigns.
Note. The word "Note" means the nole or oredit egreement dated January 7, 1997, in ~ principal amount of $60.000.00 from BOTlowel to
Lender, together with ell renewals of, extensions of, modifications of, refinancings of, consolidations of and subslllutions for the nole or credil
agreement
ObUgor. The word "Obligor" f1"oeans and includes w\l.houl lImilallon any and all persons or entities obligated to pay money or to perform some
olher act under the Collaleral.
Releted Documents. The words "Related Documents" mean and Include wIthout limitation aU pmmissory noles, credll agreements. loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed In conneclfon with the Indebtedness.
BORROWER'S WAIVERS AND RESPONSIBILITIES. Except as otherwise required under this Agreement or by applicable law, (a) Borrower agrees
that L9nder need not tell Borrower about any action or Inaction Lender takes in connection with this Agreement; (b) Borrower assumes the
responslbmty for being and keeping Informed about the Collateral; and (c) Borrower waives any defenses that may arise because ot any action or
lnaclioo of Lender, including w\thoul \Imitation any tallure of Lender to reaUze upon the Collateral or any delay by Lender in realizing upon the Collateral;
and Borrower agrees to remain liable under the Note no matter what action lender takes or tails to take under this Agreement.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants thai: (a) 11'115 Agrefmenl Is executed al BOfrower's request and not at the
request of Lender; (b) Grantor has the full right, power and authOrity to enter Into this Agreement and to pledge the Collateratto Lender; (c) Granlor
has establfshed adequate means of obtaining from Borrower on a continuing basis Intormaflon about Borrower's financial condition; and (d) lender
has made no representation to Grantor about Borrower or Borrower's creditworthiness.
GRANTOR'S WAIVERS. Grantor waives all requirements of presentment, protest, demand, and notice of dishonor or non-payment to Granlor,
Borrower, or any other party to the Indebtedness or the Collaleral. Lander may do any of the following wi!" respect to any obligation of any Borrower,
v<<thout first obtaining 11'19 consenl ot Grtlntor: (a) grant any extension 01 time lor any payment, (b) grant any renewal, (c) permit sny modlflcatlon 01
payment terms or olher terms, or (d) exchange or release any Collateral or olher security. No such acl or failure 10 act shall affect Lender's rights
against Grantor or the Collateral.
01-07-1997
Loan No 9859853000
COMMERCIAL PLEDGE AND SECURITY AGREEMENT
(Continued)
Page 2
II now or hereafter (a) Borrower shall be or become insor~'ent, and (b) the IndebtedneSs shall nol at all timeS until paid be fully secured by cQllateral
pledged by Borrower, Grantor hereby forever waIves 8l'Id re"nqUlshes in favor of lender and Borrower, and their respective successors, any claim or
right to payment Granlor may now have or hereafter have or acquire agalns! Borrower, by subrogation or otherwise, so that sl no lime shall Granlor be
or become a "creditor" of Borrower wilhin the meaning of 11 U.S.C. section 547(b), or any successor prOvision althe Federal bankruptcy laws.
RIGHT OF SETOFF. Granlor hereby grants lender a contractual possessory security interest in and hereby assigns, conveys, delivers, pledges, and
transfers all of Grantor's right, mle and Interest In and to Granlor's accounts with Lender (whether checking, savings, or some other account), including
all accounts held Jointly with someone else and all accounts Grantor may opan In tha futura, excluding, howevgr, all IRA and Keogh accounts, and all
trust accounts for which the grant of a security intaresl WOUld be prohibiled by law. Grantor authorizas lender, 10 the extent permitted by applicable
law, 10 charge or setoff alllndebledness against any and all such accounts.
GRANTOR'S REPRESENTATIONS AND WA.RRANTIES WITH RESPECT TO THE COLLATERAl. Grantor represents and warrants to lender that:
OWnershIp. Grantor Is the lawful owner of the Collateral free and clear of all security interests, liens, encumbrances and claims of others except
as disclosed 10 and accapled by Lender in writing prior to execution of this Agreement
Righi 10 Pledge. Grantor has lhe lull fight, power and authority to enter into this Agreement and to pledge the Collateral.
Binding Effect. This Agreement Is binding upon Grantor, as well as Grantor's heirs, successors, representatives and assigns, and is legally
entorceable in accordance wilh its terms.
No Further Assignment. Grantor has not, and will not, sell, assign, transfer, encumber or otherwise dispose of any of Grantor's rights in the
Collateral except as provided In Ims Agreement
No Defaults. There are no defaulls existing under the Collateral, and there are no offsets or countercialms to the same. Granlor will strictly and
promptly perform each of lhe terms, conditions, covenants and agreements con\aiMd in Ine Collaleral which ale 10 be performed by Granlor, if
any.
No VIolatIon. The execution and delivery of this Agreement will nol violate any law or agreemenl governing Granlor or to which Grantor is a party.
LENDER'S RIGHTS AND OBLIGATIONS WITH RESPECT TO COLLATERAl. Lender may hold the Collateral until all the Indebtedness has been
paid and satisfied and thereafter may deliver lhe Collateral to any Grantor. Lender shall have the following rights in addition to all other rights it may
have by law:
Maintenance and Protection or Collaleral. Lender may, but shall nol be obligated to, take such steps as it deems necessary or desirable to
protect, maintain, insure, store, or care for the Collateral, Including payment of any liens or claims against the Collateral. Lender may charge any
cool incurred In so doing 10 Granlor.
Income and Proceeds from the Collateral. Lender may receive all Income and Proceeds and add it to lhe Collateral. Grantor agrees to deiiver
to Lender immediately upon receipt, in the exact form received and without comming~ng wilh 0lhe1 pfOperty, all Income and Proceeds from the
Collateral which may be received by, paid, or delivered 10 Grantor or for Grantor's account, whether as an addilion to, in discharge of, in
substitution of, or in exchange for any of the Collateral.
Application of Cash. At lender's option, lender may apply any cash, whelher included In lhe Collateral or received as Income and Proceeds or
lhrough liquidation, sale, or retirement, of the Collateral, to the satisfaction of the Indebtedness or such porlion thereof as Lender shall choose,
whether or not matured.
Transactions wllh Others. Lender may (a) extend time for payment or other performance, (b) grant a renewal or change in terms or eondillons,
or (c) compromise, compound or release any obligation, wflh anyone or more Obligors, endorsers, or Guarantors of the Indebtedness as Lender
deems advisable, without obtair\lng the prior written consent of Granlor, and no such ecl or taHure to act shall affect Lender's rights against
Grantor or the Collateral.
All Collaleral SeCures Indebtedness. All Collateral shall be security for lhe Indebtedness, whether the CoUateral is lcealed at one 01 more offices
or branches of Lender and whether or not the office or branch where the Indebtedness is crealed is aware of or relies upon the Collaters.1.
Collection of Collateral. Lender, at Lender's option may, but need nol, collect directly from the Obligors on any of the Collateral all Income and
Proceeds or other sums 01 mon&y and oIher property due and to become due under lhe Collateral, and Grantor authorizes and directs Ihe
Obligors, if Lender exercises such oplfon, to pay and deliver to lender aU Income and Proceeds and other sums of money and other properly
payable by lhe terms of the Col!atEH'al and to accept lender's receipt for lhe payments.
Power of Allorney, Grantor irrevocably appoints Lender as Grantor's attorney-In-fact, with full power of substitution, (a) to demand, collect,
receIve, receipt for, sue and recover all Income and Proceeds and other sums of money and other property which may now or hereafter become
due, owing or payable from the Obligors In accordance with the terms at the Collateral; (oj to execute, sign and endorse any and all inslruments.
receipts, checks, drafts and warrants issued in payment for the CoJfateral; (c) to settle or compromise any and all claims arising under the
Collateral, and In the placs and stead of Grantor, execute and deliver Grantor's release and acquittance for Grantor; (d) to file any cfaim or claims
or to take any acllon or institute or take parlin any procaedings, either in Lei'lder's own name or in Ihe name 01 Granlor, or otherwise, which in the
discretion of lender may seem to be necessary or advisable; and (e) 10 execute In Grantor's name and to deliver to the Obligors on Grantor's
behalf, at the time and In Ihe manner specIfied by the Collateral, any necessary Instruments or documents.
P9I1ectlon of Secuf11y Interest. Upon request of Lender, Grantor will deliver to Lender any and aU of the documenls evidencing or conslilu1ing
lhe Collateral. When applicable law provides more than one method of perfection of Lender's security interast, Lender may choose the melhod(s)
to be used. Upon requesl of Lender, Granlor will sign and deliver any writings necessary to perfect lender's secudty interest. II lhe CoIlaleral
consists of securitIes for whlch no cerllficate has been issued, Grantor agrees, at Lender's option, either to request issuance of an appropriate
certificate or to execute appropriate Instructions on Lender's forms Instructing the issuer, lransfer agent, mutual fund company, or broker, as the
case may be, to record on its books Of records, by book-entry or otherwise, Lender's security interest in the Cotlateral. Grantor hereby appo\nls
Lender as Grantor's Irrevocable allorney-ln-fact for the purpose of executing any documents necessary to perfect or to continue lhe security
inlerest granted in this Agreement. This Is a continuing Security Agreemenl and will continue In effecl even though ell or any pert of lhe
Indebtedness Is pllld In fUll .and even though for a perf ad of time Borrower may not be Indebted to Lender.
EXPENDITURES BY LENDER. If not discharged or paid when due, Lender may (but shllll not be Obligated to) discharge or pay any amounts required
to be discharged or paid by Grantor under this Agreement, Including without limitation all taxes, liens, security Interests, encumbrances, and other
claims, at any lima levied or ptaced on the Co!latere,L Lender also may (but shan nol be obligated to) pay all costs for insuring, maintaining and
preserving the Collateral. All such expenditures Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note
from the date incurred or paid by lender to the date of repayment by Grantor. An such expenses shall become a pari of the Indebtedness and, at
lender's option, wlU (a) be payab19 on demand, (b) be added 10 the balance ot the Note and be apportioned among and be payable with any
Installment paymenls to become due during eilher (I) the lerm of any applicable Insurance polley or (II) the remaining term of the Note, or (c) be
treated as a balloon payment which wilf be due and payable at the Note's malurity. This Agreement also will seCure paymenl of these amounts. Such
right shall be tn addtllon to aU olher rlghls and remedies to whlch Lender may be enlilled upon the occurrence olan Event of Default
LIMITATIONS ON OBLIGATIONS OF LENDER. Lender shall use ordinary reasonable care in the physical preservation and custody of the Collateral in
Lender's possession, but shall have no other obligation 10 protect tha Collateral or its value. In pal1\cular, but wlthou\ limitation, lender shan have no
responslblllty for (a) any depreciation In value of the Collateral or for the collecllon or protection of any Income and Proceeds from lhe Collateral. (b)
preservallon of rights against parlies to the Collateral or against third persons, (c) ascertaining any maturities. calls, conversions, exchanges, offers,
tenders, or similar matters relating 10 any of the Collateral, or (d) Intorming Grantor about any 01 Ine above, whether or not Lender has or is deemed to
have knowledge of such mailers. Except as provided above, lender shall have no liability for depreciation or deterioration Of the Collateral.
EVENTS OF DEFAULT, Each of the following shall conslilute an Event of Default under this Agreement:
Default on Indabtedness. Failure of Borrower to make any payment when due on the Indebtedness.
Other Defaulls. Failure of Borrower or Grantor to comply with or to perform any other term, obligation, covenanl or condillon contained in this
Agl'eement or In any 01 the Related Documents or la"ure of Borrower to comply with or to perform any ferm, obl/gatlon, covenant or condition
contained In any other agreement between Lender and Borrower.
Default In Favor or Third Parties. Should Borrower or any Grantor default under any lcarl, extension oj cradlt, security agreement, purChase or
sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's or any Grantor's ability to repay the loans or perform their respective obligations under this Agreement or any of the Relallld
Documents.
False Statements. Any warranty, representation or statement made or Iurnlshed to Lender by or on behalf of Borrower or Grantor Linder this
Agreement, lhe Note or the Related Documents is false or misleading In any matertal respecl, either now or at the lime made or furnished.
Defective Collatorallzallon. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any
collateral documents to creale a valid an'"' "'erfeCted security Interest or lien) at any time and for p. reason.
Death or Insolvency. The death of Be I8f or Grantor or the dlssolutlon or terminallon of 80. ler or Grantor's existance as a going bll~iness,
01-07-1997
Loan No 9859853000
COMMERCIAL PLEDGE AND SECURITY AGREEMENT
(Continued)
Page 3
the insolvency of Borrower or Grantor, the appointment 01 a receiver for any part of Borrower or Granlor's property, any assignment for the,benefil
of credilors, any type 01 creditor workout, or the commencemen\ 01 any proceeding under any bankruptcy or insolvency laws by or against
Borrower or Granlor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by iudicial proceedlng. sell-tlelp,
repossession or any olhllf method, by any creditor of Borrower or Grantor or by any governmental agency against the Collateral or any other
collateral securing the Indebtedness. This includes a garnishment of any of Borrower or Granlor's deposit accounts with Lender. However, this
Event of Default shall not apply If there is a good lalth dispute by Borrower or Grantor as to the validity or reasonableness of the claim whIch Is Ihe
basis 01 the creditor or forleiture proceeding and If Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and
deposits with Lender monies or a surely bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in rts sole dlscrehon,
as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any 01 the Indebtedness or such Guarantor
dies or becomes Incompetent. Lender, at its option, may, but shall not be reqUired to, permit the Guarantor's estate to assume unconditionally the
obUgaticns arising undElf the guaranty In a manner satistaclory 10 lender, and. in doing so, cure the Event of Delault.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or lender believes the prospect 01 payment or
perlormance of the Indebtedness is impaired.
Insecurity. lender. In good faith, deems lIself insecure.
Right to CUre. II any default, other than a Default on Indebtedness, is curable and If Borrower or Granier has nc\ been given 8 prior notice 01 a
breach Of the same provision Of this Agreement, it may be cured (and no Event of Defaull will have occurred) if Borrower or Grantor, tiller lender
sends written notice demanding cure 01 such default, (a) cures the default within ten (10) days; or (b). ilthe cure requires more than ten (10)
days, immediately initiates steps which Lender deems in Lender's sole <!lwetion 10 be sl,lfficien\ \0 cure Ihe default and lhereafter conl"rnues and
completes all reasonable and necessary steps sufficient to prOduce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFALL T. If an Event of Default occurs under this Agreement, at any time thereafter, lender may exercise anyone or
more of Ihs IoU owing rlghls and remedies:
Acceler,.te Indebtedness. Declare all Indebtedness, including any prepayment penalty which Borrower would be required to pay. Immediately
due and payable, without notice of any kind to Borrower or Grantor.
Colleclthe Collaleral. Collecl any of the Collateral and, at lender's option and to the extent permitted by applicable law, retain possession of the
Collateral while suing on the Indebtedness.
Sell the Collateral. Sell the Collateral, atler1der's discretion, as a unit or in parcels, at one or more pUblic or private sales. Unless the Collateral
Is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, lender shall give or mail to Grantor,
or any of them, notice at least ten (10) days in advance cllhe Ume and place of any publiC sale, or of the dale aller which any pnvate sale may be
made. Grantor agrees that any requirement of reasonable notice is satisfied if Lender malls nollce by ordinary mail addressed to Grantor, or any 01
them, stthe last address Grantor has given Lender in Writing. If a public sale Is held, there shalf be sufficient compliance with an requirements 01
noties to the publiC by a single publication In any newspaper of general clrculalion in lhe county where the Conateral is located. selling forth the
time and place of sale and a brief description of the property to be sold. Lender may be a purchaser at any pUblic sale.
Register Securities, Register any securitieS included in the Collateral In lender's name and exercise any rights rlormally incid'arll 10 Ihe
ownership of securitles.
Sell Securllles. Sell any securities included in the Conateral In a manner consistent with applicable federal and state securities laws,
notwitl\standlng aoy olher pro'JIslcn ollhls or any other agreElment It, because 01 restrlctlons under such laws, Lender is or believes it is unable to
sell the securities In al1 open market transaction, Grantor agrees that lender shall have no obligation to delay sale until the securities can be
registered, and may make a private sale to one or more persons or to a restricted group of persons, even though such sale may result in a price
that Is less fe.vorabl9 than might be obtained In an open market transaction, and such a sale shall be considered commercially reasonable. if any
securities held as Collateral are "restricted securities" as defined In the Rules of the Securities and Exchaoge Commission (such as Regulation D or
RUle 144) or state securities departments under state ''Blue Sky" laws. or if Borrower or Grantor is an affiliate of the issuer of the securities,
Borrower and Granlor agree Ihal neither Graolor nor any member 01 Grantor's family will sell or dispose of any securities of such issuer without
obtaining lender's prior written consEml.
Foreclosure. Maintain a judicial suit for foreclosure and sale of the CoUaleral.
Transrer Tille. Effect transfer of title upon sale of all or part of the Collateral. For this purpose, Grantor irrevocably appoints lender as its
attorney-In-fact to execute endorsements, assignments and instruments In the name of Grantor and each of them (if more than one) as shall be
necessarj or reasonable.
Other Rights and Remedies. Have and exercise any or all of the rights and remedies of a secured creditor under the provisions of the Uniform
Commercial Code. at law, In equity, or otherwise.
Application Or Proceeds. Apply any cash which is part of the Collateral, or which Is received from the collection or sale of the Collatera!, to
reimbursement of any expeoses, IncludIng any costs for registrallon of securities, commissions incurred in connection with a sale, attorney feeS as
provIded below, sod court costs, whether or not there is a lawsuit and Including any fees on appeal, Incurred by lender in connectioo with the
collecllon and sale of such Collateral and to t/19 payment of the Indebtedness of Borrower to Lender, with any excess funds to be paid to Grantor
as the interests 01 Granlor may appear. Borrower agrees, to the exlent permitted by law, to pay any deficiency after application 01 the proc99ds 01
tl1e Collaleralto the Indebtedness.
CumUlative Remedies. All of Leoder's rights and remedies, whether evidenced by this Agreement or by any other writing, shall be cumulative
and may be exerclsed singularly or cor.eurreotly. EleCtion by lender \0 pursue any remedy shall not exclude pursuit of any other remedy, and an
elecllon to make expenditures or to take acllon to perform an obligation 01 Grantor under this Agreement, after Granlor's failure to perlorm, shall
not affect Lender's right to declare a defaull and to exercise ils remedies.
MISCEUANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement;
Amendments. This Agreement, together wJth any Related Documents, conslllutes the entire understanding and agreement of the parties as to the
matters set forth in this Agreement. No alteration of or amendmenllo this Agreement shalJ be effective unless given In writing and signed by the
party or parties soughllo be charged or bound by the alteration or amendment.
Applicable Law. This Agreement has been dellve(ed to Lender and eccepted by Lender In the Commonweanh ot Pennsylvania. If there Is
a lawsuJl, Borrower and Grantor agree upon lender's request to submit to the Jurisdiction of tne courts of Cumbefland County, Ihe
Commonwealth 01 Pennsylvenla. lender, Borrower and Grantor hereby waIVe Ihe right 10 any jury trial In any action, proceedIng, or
counterclaim broughl by either lender, 80nowe( o( Grantor against tM other. This A.greemen1 shall be governed by and construed In
accordance wllh the laws 01 the Commonweallh of Pennsylvania.
Attorneys' Fees; Expenses. Borrower and Grantor agree to pay upon demand all of lender's costs and expenses, jnclU<!lrlg altorneys' lees and
lender's legal expenses, Incurred In connectlon with the enlorcement of this Agreement. Lender may pay someone else to help enforce this
Agreement, and Borrower and Grantor shall pay the costs and expenses of such enforcement. Costs and expenses include lender's allorneys'
fees and legal expenses whether or not there Is a lawsuit, Inc:ludiog attorneys' fees and legal expenses for bankruptcy proceedings (aod includiog
efforts to mOOlfy or vacale any automatIc Slay or InjunctiOl1), appeals, and aoy aolicipated post-JUdgment collection services. Borrower and
Grantor also shall pay all court costs and such additional fees as may be directed by the court.
Caption Headings. Cspllon headings In thls Agreement are for convenience purposes only anti are not to be used to interpret or define the
provisions of this Agreement.
Multiple Parties. All obllgallons of Borrower and Grantor uoder this Agreement shall be joint and several, aod all relerences to Borrower shall
meao each and every Borrowef, and an references 10 Grantor shall mean each and every Grantor. This means that each of the Borrowers Signing
below is respooslble for all obligations In this Agreement.
Nollces. All nobs required to be given under !tIls "-'tlreement shall be given In writing, may be sent by telelacsimille, and shall be effeCllve wflen
actually delivered or when deposited with a nationally recognized overnight courier or deposited In the Unfled Slates mall, first class, postage
prepaid, addressed to the party to whom the nollce Is to be given at the address shown above. Any party may change lis address lor oolices
under Ihls Agreement by giving formal written notice to Il\e other parties, specIfying that the purpose ot \'he notice Is 10 change the party's address.
To the extent permitted by applicable laW, If there is more than one Borrower or Grantor, notice to any Borrower or Grantor will constftute notice to
all Borrower and Grantors. For ootlce purposes, Borrower and Grantor will keep l.ender Informed at all limes of Borrower and Grantor's cUffent
address(es).
SeVerability. If a court of competer
circumstance, such findIng shall not r'
oO. --" __ ~_.. ._,__ .""_" ""_ ...~~~~....
lurisdlcUon finds any provision of this Agreement t(l "e Invalid or unenforceable as to any person or
r that provision InvsUd or unenforceable as to any I persons or circumstances. If lee.slble, any such
~ ..."..HIl".... I" ..... wHhi... ,..... Ii,."", I'lf ..n'l'lr"''''lll,ifilv (lr \.0.. ..111\1: hnwI'IWlr. if the oHendino orovisioo canoot be
01-07-1997
Loan No 9859853000
COMM, .CIAL PLEDGE AND SECURITY ~ ,IEEMENT
(Continued)
Page 4
so modified, II shalf be stricken and all other provislon~ of this Agreement in all other respects shall remain valid and enforceable.
Successor Inleresls. The terms of thls Agreement shall be binding upon Granier, and upon Granlor's heirs, personal representatives,
successors, and assigns. end shall be enforceable by Lender and its successors and assigns.
Waiver. lender shall not be deemed 10 have waived any rights under this Agreement unless sllch wal....er is given in writing and signed by
Lendel. No delay or omissIon on the part of Lender In exercising any righl shall operate as a waiver of such right or any other righ!. A waiver by
lender 01 a provision of Ihls Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
provision Of any other provision of this Agreement. No prior waiver by Lender, nor any course of dea"ng belween Lender and Grantor, shall
consli'lule 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 Agreement, 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 Of withheld in Ihe sole discretion 01 Lender.
EACH BORROWER AND GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS PLEDGE AND SECURITY AGREEMENT,
AND EACH BORROWER AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED JANUARY 7, 1997.
BORROWER:
..................~.".....,...........ii...................~............... 0..........."..
X:f::::::::::::;:;';-;f~:::~::YtSiig:;,:;:""
~~!eYM.~ '~~',jr:' .
GRANTOR:
OF;~~,;;t€.J.~F.
. ($EAl..)
\ifi;~1,f,1,.rJt'/JP UIf It,) tSEAl.}
(S11Al.)
81.
x
Witness
LASER PRO. R~'lI_ U.S, Pal. !. 1.M. 011. Ver. 3.2'2' (c) 1991 CFI ProServlen, Inc, All rights rnerved.lPA-E60 JAOEIM2.l.N C4.0VLI
NOTE. NO. 9859853000 Stanley Deimler
Lauren Deimler
Marlene Deimler
EFFECTI VE 04126199 PAYOFF 0211412005
BEGINNING AMOUNT $31,997.15 Principal $31,99715
INTEREST RATE 9,75% Interest $23,94945
MONTHLY PAYMENT Late fees $2,21040
INTEREST C/O $5,569.09 Legal/Coli ection fees
LATE FEES C/O $2,210.40 Total Payoff $58,157.00
LATE FEES LL
PER DIEM $8.665895
DAYSINT 2121
INT ACCUMULATED $ 18,380.36
"SBA paid Commerce Bank $27,34400 for the SBA guaranteed portion of the loan bala
FEB-28-2005 14:16
FROM :COMM ACCEPT/ PRO MeD
COMMERCE LOAN CT
FAX NU. ; 111-J~.-~(~
717 972 2867 P.07
r=J..l. ;;..::. .::.t.oc.I.... ..............,,,,
m 18 'as a4:4SPI1 KlU'P 8. KODA( PC '
P.5
YEIUFICATION
J,~
m~~r
(11II",,)
\ '}~c f... \?(,Q~c\ u\.,,+':
((hie)
of COMMERCE BANK., verify that the stateme.nt:i Jl:1I1c10 iJl the at'oregoing document aro true and COI1'l::Ct, I
W1derstall4 that false statemmta herein are nude subject to the penallies of 18 PI. C. S. ~4904. relllling to unsworn
flllsification to authorities.
COMMERCE BANK
Dated:
z/. 2i(05 .
30'799
" \I1~Qltllrr "C'VIC'CP ('OMPLAINTSIW<lRI(\cOMMlill.t'OJO'M.I"Jl(l; I&FobW
TOTAL P.07
tY.~
~ 6'
Vl
~
..(\
CY
.cs.
tJ(
Y\
~
~
$
",:0 0
f; -n
::.'.. ::;:I
~:\" _.1.---;')
~,'" rl1r"'::';
?'(J
~9t!.1
1- ,; 'r'
~) ';,~)7\
o
~;
9
r:?
:2,g
--<..
t",)
(J;.I
Sheriff or Deputy Sheriff of
~
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-01214 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK
VS
DEIMLER LAUREN J ET AL
CPL. TIMOTHY REITZ
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT & NOTICE
DEIMLER MARLENE
the
DEFENDANT
at 1028:00 HOURS, on the 21st day of March
005
at 1147 LAMBS GAP ROAD
MECHANICSBURG, PA 17055
DUSTIN DEIMLER, SON
by handing to
a true and attested copy of COMPLAINT & NOTICE
together wi h
and at the same time directing His attention to the contents ther of.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
6.00
7.40
.37
10.00
.00
23.77
Sworn and Subscribed to before
me this
of
A.D.
~Q
So Answers:
~/') <o'(!" .0;?'
r ,"~'~ji'::;:;-;",,~'E:.,:a;.,t:. ~~:::::...4':~
R. Thomas Kline
03/22/2005
KNUPP KODAK IMBLUM
By:
~.-
.~_.
Dep
.
SHERIFF'S RETURN - REGULAR
.
CASE NO: 2005-01214 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK
VS
DE IMLER LAUREN J ET AL
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according t law,
says, the within COMPLAINT & NOTICE
was served upon
DEIMLER LAUREN J
th
DEFENDANT
at 2050:00 HOURS, on the 17th day of March
, 2005
at 118 BEARD ROAD
ENOLA, PA 17025
by handing to
LAUREN J DE IMLER
a true and attested copy of COMPLAINT & NOTICE
together ith
and at the same time directing Her attention to the contents t ereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
11.84
.00
10.00
.00
39.84
"'-f/,'/ /-;;::?
..~:~':,J,,_'?,,"~..&f!: f ~
R. Thomas Kline
03/22/2005
KNUPP KODAK IMBLUM
Sworn and Subscribed to before By:
me
this ~ day of
6u/
A.D.
~,
. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
COMMERCE BANK,
v.
NO: 05-1214 - CIVIL TERM
LAUREN J. DEIMLER and
MARLENE DE1MLER,
Defendants
PRAECIPE TO ENTER APPEARANCE
Please kindly enter the appearance of Bruce J. Warshawsky, Esquire and the Law Firm of
Cunningham and Chemicoff, P.C., on behalf of Marlene Deimler, in the above captioned action.
B
ruce J. arshaws ,
P A Supreme Court 58799
CUNNINGHAM & CHERNICOFF, P.C.
2320 N. Second. St.
Harrisburg, P A 17110
D.", Y!lj 0)
Mailing Address:
P.O. Box 60457
Harrisburg, P A 17106-0457
(717) 238-6570
Attorneys for Marlene Deimler
-
CERTIFICATE OF SERVICE
I, Julieanne Ametnmo, Legal Secretary for the law office of Cunningham & Chernicoff,
P .C., do hereby certifY that a true and correct copy of the Praecipe to Enter Appearance in the
above-captioned rnatter was sent first class U.S. Mail, First Class Mail, postage prepaid on this
date, to the following:
Robert D. Kodak, Esquire
407 North Front Street
P.O. Box 11848
Harrisburg, P A 17108
CUNNINGHAM & CHERNICOFF, P.c.
I
'i /7 D'"
Date: Lf - ') - ::>
I /7
I.' \ /
By:, )I(L[~ Cilndi~,{VLV
I Julieanne Arnetrano
. / 2320 North Second Street
'J P.O. Box 60457
i Harrisburg, P A 17110
(7] 7)238-6570
F:'JIOME\BJW\DOCS\DEIMLER\ENT APEAR, WPD
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COMMERCE BANK
Plaintiff
: IN mE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO,200S-01214 CIVIL
LAUREN J. DEIMLER and MARLENE DEIMLER
Defendants
: CIVILDIVISION-LAW
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) LAUREN J. DEIMLER (only),
named for failure to file within the required time an Answer to the Complaint in the above-
captioned case and assess the Plaintiff's damages as follows:
Amount claimed in Plaintiff's Complaint
$69,788.40
Interest from February 15, 2005 at the legal rate of 6% per annum
$1.221.29
Total
$71,009.69
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the
Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior
to the date of the filing of this Praecipe. See Exhibits A & B attached.
KNUPP, KODAK & IMBLUM, P.C.
By
\OS
DATED: t..\ d;udgment entered and damages assessed as above.
Robert D. Kodak, Attorney for Plaintiff
Prothonotary
-
Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KNUPP, KODAK & 1M BLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
Telephone: 717/238-7159
Facsimile: 717/238-7158
email: kki.law@Verizon.net
fILE~
R3i~l'~a~~r
(1923-1998)
May 12, 2005
LAUREN J DEIMLER
118 BEARD ROAD
ENOLA PA 17025
RE: Commerce Bank
VS: Lauren J. Deimler and Marlene Deimler
No. 2005-01214 Civil, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania
Our File No. 30799
Dear Ms. Deimler:
In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the
records as they are found in the Office of the Prothonotary of Cumberland County, you
have not filed responsive pleadings to the Complaint filed against you to the above term
and number, nor has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if
you do not take action as set forth in this Notice, we, at the expiration of time indicated
therein, will request the Office of the Prothonotary of Cumberland County to enter
Judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Esq.
RDKlkqb
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
enclosure
cc: CARL SUCCA PRESIDENT
COMMERCIAL ACCEPTANCE CO
4807 JONESTOWN RD STE 247
HARRISBURG PA 17109
#249128
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FILE (\1ft;W'",..<
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COMMERCE BANK
: IN TIIE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v. : NO.2005-01214 CML
LAUREN J. DEIMLER and MARLENE DEIMLER : CML DMSION _ LAW
Defendants
IMPORTANT NOTICE
TO: LAUREN J. DEIMLER. Defendant(s)
DATE OF NOTICE: MAY 12. 2005
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TIIE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU
UNLESS YOU ACT WITIDN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE ALA WYER, GO TO OR TELEPHONE TIIEOFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT IDRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LffiERTY AVENUE
CARLISLE P A 17013
(717) 249-3166
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COMMERCE BANK
Plaintiff
: IN mE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO.200s-()1214 CIVIL
LAUREN J. DEIMLER and MARLENE DEIMLER
Defendants
: CIVIL DIVISION - LAW
To LAUREN 1. DEIMLER , Defendant(s)
You are hereby notified that on ...... ) I .I A '\ f.: ;;1..
(Judgment) has been entered against you in the above-captioned case.
-
, 20~the following
Judgment entered in the amount of $71.009.69.
DATE:
L..h.lo.\
I
I hereby certify that the name and address of the proper person(s) to recei e this notice is:
LAUREN J DEIMLER
118 BEARD ROAD
ENOLA P A 17025
AI LAUREN J. DEIMLER Defendido/a Defendidoslas
Por este medio se Ie esta notificando que el de del 20_,
ellla siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de
residencia:
LAUREN J DEIMLER
118 BEARD ROAD
ENOLA P A 17025
Abogado del Demandante
COMMERCE BANK
Plaintiff
: In the Court of COMMON PLEAS of
: CUMBERLAND County, Pennsylvania
v.
NO. 2005-012'14
LAUREN J. DEIMLER and MARLENE
DEIMLER
CIVIL DIVISION - LAW
Defendants
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter as discontinued without prejudice as to
Defendant, MARLENE DE IMLER, only.
prejudice.
TO CUMBERLAND County
Prothonotary
Dated: June 22. 2005
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Robert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff
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R. THOMAS KLINE
Sheriff
EDWARD L. SCHORPP
Solicitor
RONNY R. ANDERSON
Chief Deputy
OFFICE OF THE SHERIFF
JODY S. SMITH
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013
Dear Sir,
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September 30, 2005
Cornmerce Bank
vs
Lauren J. Deimler
Writ No. 2005-1214 Civil Term
Property Claim Determination
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Reference is made to Property Claim dated September 20,2005, entered
by June C. Renshaw, pertaining to Writ of Execution No. 2005.1214 Civil Term,
Commerce Bank -vs- Lauren J. Deimler.
R. Thomas Kline, Sheriff, has determined that the claimant, June C. Renshaw,
in the above mentioned property clairn, is prirna facie the owner of the property set forth
therein.
Robert Kodak, Atty for Pltff
cc: Lauren J. Deirnler, Deft.
June C. Renshaw, Claimant
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R. Thomas Kline, Sheriff
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In the Court of Common Pleas of
Cnmberland County, Pennsylvania
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TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
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above list in the property claim are correct and true.
Claimant .
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CarlISle Bora Cumbenana County
My CommiSSion Expires Apnl 4. 2009
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PRAECIPE FOR WRIT OF EXECUTION
P.R.C.P. 3101 to
(MONEY JUDGMENTS)
3149
COMMERCE BANK
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No.
Tenn 20
Plaintiff
NO. 2005-01214 CIVIL TERM Tenn 20M-
vs
Amount due
$ 71.009.69
LAUREN J. DEIMLER
118 BEARD ROAD
ENOLA PA 17025
Interest FROM DATE OF JUDG. 06/02/05
Atty's Comm.
$ 3,550.48
and CostsTO BE DETERMINED$
Defendant (5)
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTBR,
(1) Directed to the Sheriff of ~E~
County, pennsylvania;
(2) against LAUREN J. DE IMLER
(3) and against
Defendant (s)
Garnishee (s),
(4) and index this writ
(a) against LAUREN J. DEIMLER
(b) against
Defendant(s) and
Garnishee(s},
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
real estate levy)
LEVY 11PON ALL PERSONAL PROPERTY or AJlOVIl-LISTED DU'ENDll1lT(S) M lUlOVZ-LISTED ADDRESS INCLUDING
B1l'I! NO'l LIMITED 'l0 !'OllHJ:'!tlRE, ZQOIBGI:N'r, ELZCDONICS'~B'lC'. ~_
(5) Exemption has (not) been waived. __
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Rober~ D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 08/30/05 Attorney For Plaintiff(s}
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-1214 Civil
CIViL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK, Plaintiff (s)
From LARUREN J. DEIMLER, 118 BEARD ROAD, ENOLA, PA 17025
(I) You are directed to levy upon the properly of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS
INCLUDING BUT NOT LIMITED TO FURNITURE, EQUIPMENT, ELECTRONICS, ETC.
(2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any properly of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperly of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $71,009.69
Interest FROM DATE OF JUDG 6/2/05
Atty's Comm % $3,550.48
Atty Paid $145,61
Plaintiff Paid
L.L. $.50
Due Prothy $1.00
Other Costs
Date: SEPTEMBER 1, 2005
(Seal)
By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 71 7-238-7159
Supreme Court ID No. 18041