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HomeMy WebLinkAbout03-2914ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant TO: Keith L. Plasterer Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- c29? l CIVIL TERM MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims 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 attorney and filing in writing with the Court your 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 a judgment 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 you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- a9/y CIVIL TERM MORTGAGE FORECLOSURE COMPLAINT The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendants, Keith L. Plasterer and Jamie L. Plasterer, are adult individuals residing at 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania. By Deed dated November 21, 1991, Richard A. Jameson, by his attorney-in-fact, Louis J. Adler, Esquire and Margaret A. Jameson, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Keith L. Plasterer and Jamie L. Plasterer. This Deed was recorded in Cumberland County Record Book 35K, Page 357, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 4. On or about, December 21, 1999, Keith L. Plasterer and Jamie L. Plasterer as Mortgagors made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on December 30, 1999, at Cumberland County Record Book 1589, Page 961, et. seq., all of which pages are incorporated herein by reference and made a part hereof. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 6. Defendants defaulted under the terms and conditions of the Mortgage and Note by failing to make payment of remaining unpaid principal and interest due December 22, 2001. Defendants are the present record owners of the premises described in Exhibit "A" and the real owners of the premises. 8. Plaintiff, served Notice of the Plaintiff s Intention to Foreclose on the real estate of the Defendants, described in Exhibit "A" and served Notice of Defendants Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certificate of mailing dated February 11, 2003. 9. Attached hereto and marked as Exhibit "D" is a true and correct copy of the Notice of Intention to Foreclose and Act 91 Notice provided to Defendants. 10. Under the terms of the Mortgage and Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligation shall become due and payable immediately at the declaration of Mortgagee. 11. Plaintiff as Mortgagee has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 12. The following amounts are presently due on the said Mortgage and Note calculated to February 10, 2003: Principal $567,440.38 Interest to June 9, 2003 $ 59,107.99 (per diem $82.75) Reasonable attorneys fees as fixed $ 28.372.02 by Plaintiff for purposes of this Complaint (5% of principal debt) TOTAL: $654,920.39 WHEREFORE, Plaintiff demands Judgment in Mortgage Foreclosure in the sum of $654,920.39 plus interest thereafter at the contract per diem from December 22, 2001, and costs against Defendants, Mortgagor and real owner, and seeks foreclosure and Sheriff s Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, BRIEN, BARIC & SCHE David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/plasterer/foreclosu re2.pld OBS PAGE 06 05/28/2003 14:50 7172495755 V)EIU1? [CATION I, Betsy J. Smith, verify that the statements made in this Complaint are true upon. my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities. Dated: G 9,03 9, Betsy J. Smith, Collector orrstown Bank .• ')Ibi Ci:'+lEj•,Li ti C:i' 71it.IiaSL.. '1 P.b.o;i.tr ! .......: THIS DEED, J;, UL E vs r-crtnr,., COUNTY '-P ?1 rlou 26 Vn 12 Oti Made the 22nd day of November, 1991, BETWEEN RICHARD A. JAMESON by his Attorney-in-Pact LOUIS J. ADLER, Esquire, of Harrisburg, Dauphin County Pennsylvania, AND MARGARET A. JAMESON, husband and wife, Partie of the First Part, hereinafter designated as the Grantors, AND KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband wife, of Hummelstown, Dauphin County, Pennsylvania, Parties the Second Part, hereinafter designated as the Grantees. WITNESSETH, that the Grantors for and in consideratic of Six Hundred Forty-five Thousand and 00/100---($645,000.00)-- Dollars, lawful money of the United States of America, to tt Grantors in hand well and truly paid by the Grantees, at c before the sealing and delivery of these presents, the receiE whereof is hereby acknowledged and the Grantors being therewit fully satisfied, do by these presents grant, bargain, sell ar convey unto the Grantees forever. ALL THAT CERTAIN piece or parcel of land situate in tt Township of Silver Spring, Cumberland County, Pennsylvanie bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drit at the dividing line between Lots Nos. 15 and 16 'as shown on tt subdivision plan of lots hereinafter mentioned; thence along sai dividing line between Lots Nos. 15 and 16 North 72 degrees minutes 31 seconds East, a distance of 798.56 feet to othe remaining lands of W. Wayde and Glenda F. Kelly; thence alor said other remaining lands of W. Wayde and Glenda F. Kelly, t} following two courses and distances: (1) North 17 degrees minutes 29 seconds west, a distance of 550 feet to a point; ar (2) South 72 degrees 53 minutes 31 seconds West, a distance c 798.56 feet to a point on the eastern side of Kelly Drive fir: mentioned above; thence along said eastern side of Kelly Drive South 17 degrees 6 minutes 29 seconds East, a distance of 5. feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lot hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lot entitled Final Subdivision Plan for Wayde Kelly, Section I, date April 17, 1985 and recorded in the office of the Recorder c Deeds in and for Cumberland County, Pennsylvania, in Plan Boc 50, Page 50. Wk 35 PACE 357 EXHIBIT "A" 1.'`Al1?nNbVF.",ITH( ,liP'?fJII.YI;;;,?.l?t, tfi';.O(MEhTOfdEd'rlJUe ,. ., i+nr 1t BEING THE SAME PREMISES which W. Wayde Kelly and Glenda F. Kelly, husband and wife, by their Deed dated May 28, 1987, and recorded June 24, 1987, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book S, volume 32, Page 55, granted and conveyed unto Richard A. Jameson and Margaret A. Jameson, husband and wife, Grantors herein. covenants of Drecorrd andUconditions more condi particularlylset forthain Declaration of Restrictive Covenants in Miscellaneous Book 322, Page 1023, as modified and amended in Miscellaneous Book 332, Page 1085 and as further modified and amended in Miscellaneous Book 333, Page 983 and Miscellaneous Book 341, Page 787. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to the Grantees, proper use and benefit forever. AND the Grantors covenant that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. - 2 - 0ORK-35 PAGE 358 ?. I n? [ _'? ''? f?)1'ifnn lH Oi Fi Ltlc...\ t)IF ''..! "I r )t'Id'./C rtt ( N-f'tl ?rl,.;)`i?.7!t• ::'_ I: i.i;%".LL?L1 <)F f`. JI 4Ut ... - v, ('v 6'"I IN WITNESS WHEREOF, the Grantors have hereunto their hands and seals or if a corporation, it has caused th, presents to be signed by its proper corporate officers and corporate seal to be affixed hereto, the day and year first ab, written. Signed Sealed and Delivered i the presence of X_At-tQ,rqted by 6 Wi rtes Richard A Jameson by hi Attorney-in-Fact Louis J. Adler, Esgyrre OF U"';Nit-Ir I. I I f, ,° r-rlnrl',li!?!1A'Ii A,Cili i)!? i'LIJI'J=il.`i•!?':'•..:-- "' Lr:wl, if LVi?!dT nF r<Lv-rNuF: w L.. t.ll:ts:. - 3 - A. Township of Cumb. Co., Pa A-% Real Estate 7rensfer T Doto// =AmL Cumb. Co. Dist Coll-All-L, School Dist. Cumb. Co., A Lt-%Real Estate 7ransfarTm Date /" L L/Amb4-2-1?X Cumb. Co. Met. Col. *19S Wxj(\35 PAGE 359 -1 1 Cold, :,;.lrJhVt:'r.i1i OF j Ela;,l`, •r,i 1... . ...1 ............ ., 1 3 _. . Wiv U.91 1AX COMMONWEALTH OF PENNSYLVANIA COUNTY OF , )SS. HE IT REMEMBERED, that on ?rsll?'Prf7l/p/. ` ?d? before me the subscriber personally appeared Richard A. Jameson by his Attorney-in-Fact, Louis J. Adler, Esquire, known to me (or satisfactorily proven) to be the person, whose na me is subscrib6d n;'? to the within instrument and acknowledged that ,; • .,-1d '''• i,jy4 he executed' th same for the purposes therein contained. :: ???? "'::;f, ?• WITNESS my hand and seal the d y and a ? resd PcS?.1:' `:.e.` E OP, PIOTARY PUPLIC UAUP.11N CO., PA L. 1 iiXPi t MAY 29, 1999 NOt y .C COMMONWEALTH OF PENNSYLVANIA, COUNTY OF c & ?4 )SS. BE IT REMEMBERED, that on before me the subscriber personally appeared Margaret A. Jameson known to me (or satisfactorily proven) to be the person, whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. .. •,"• WITNESS my hand and seal tldiCeY C. St.UJ •, :101'NiY PUPLIC ,f: .uf11lUNG VAUP .IN :70., YA N tar 46.:Om&!l'sin' ;XPI :(3!dAY 29, 1993 '???'fantHEREBY CERTIFY that ees is: IP:'.:..;::.. c.? dle recording of Deeds C County Fill. J._._ Page 311 vninuss 111y 11, Id i+u I of offic f C>' i:arlisle, fArlu:rday 19- hecor r residence of the 36 ,fie lj•, - 4 - I. Wd(-35 PAee 360 PROMISSORY NOTE use only and do not limit the applicability of this document to any particular loan or Borrower: KEITH L PLASTERER (SSN: 181-52-3990) Lender: ORRSTOWN BANK JAMIE L PLASTERER (SSN:) King Street Executive Office 36 KELLY DR P.O. Box 250 CARLISLE, PA 17013 77 East King Street Shippensburg, PA 17257 Principal Amount: $575,000.00 Initial Rate: 9.500% Date of Note: December 22, 1999 PROMISE TO PAY. 1 promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Five Hundred Seventy Five Thousand & 001100 Dollars ($575,000.00), together with Interest on the unpaid principal balance from December 22, 1999, until paid in full. The interest rate will not Increase above 18.000%. PAYMENT. Subject to any payment changes resulting from changes In the Index, I will pay this loan in 23 regular payments of $5,023.60 each and one Irregular last payment estimated at $567,612.86. My first payment Is due January 22, 2000, and all subsequent payments are due on the same day of each month after that. My final payment due December 22, 2001, will be for all principal and all accrued interest not yet paid. Payments Include principal and Interest. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days In a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. DEMAND FEATURE. THE LOAN IS NOT PAYABLE ON DEMAND. THE LOAN WILL BE EXTENDED, BY THE LENDER, FOR A THREE (3) CONSECUTIVE ONE YEAR TERMS, PROVIDED THAT NO PAYMENT IS MORE THAN 29 DAYS PAST DUE AT ANY TIME DURING THE IMMEDIATELY PRECEDING TERM. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the WALL STREET PRIME (the "Inde)e"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to me. Lender will tell me the current Index rate upon my request. I understand that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The Index currently Is 8.500% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, adjusted If necessary for the maximum rate limitation described below, resulting In an Initial rate of 9.500% per annum. Notwithstanding any other provision of this Note, the variable Interest rate or rates provided for in this Note will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 18.000% per annum or the maximum rate allowed by applicable law. Unless waived by Lender, any increase In the interest rate will Increase the amounts of my payments. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in me making fewer payments. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment. DEFAULT. I will be in default if any of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with Lender. (f) Any of the events described in this default section occurs with respect to any guarantor of this Note. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if I, after receiving written notice from Lender demanding cure of such default: (a) cure the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this Note if I do not pay. I also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees 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. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. I grant to Lender a contractual security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender all my right, title and interest in and to, my accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage dated December 22, 1999, to Lender on real properly located in CJ. SERIAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. EXHIBIT r'Brr 12_22_1999 PROMISSORY NOTE Page 2 1.000. No (Continued) GENERAL PROVISIONS. This Note has a demand feature. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE ACKNOWLEDGE RECEIPT OF COMPLETED COPY OF THE NOTE?OW I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: CflPY': w,.,, X ) cl a:ra as C Elhtl? X IE L PLASTERER KEIT PLASTERER NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay If you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt It the borrower does not pay. You may also have to pay late fees or collection costs, which Increase this amount. The lender can collect this debt from you without first trying to collect from the borrower. The lender can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt. Variable Rate. Balloon. LASER PRO,Rag.U.S. PaLBT.M.Otf.,Var.3.28b(c)1989CFI ProSarvlces, Inc. All rights reserved.IPA=92093.28 F3.28a P3.29a 03929CLLNI 1^)? RECORDATION REQUESTED BY: ORRSTOWN BANK P.O. Box 250 77 East King Street Shlppensburg,PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK P.O. Box 250 77 East King Street Shippensburg, PA 17257 ag ,U 3C fl? 11 30 A; n0 7 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED DECEMBER 22, 1999, between KEITH L PLASTERER and JAMIE L PLASTERER, whose address is 36 KELLY DR, CARLISLE, PA 17013 (referred to below as "Grantor"); and ORRSTOWN BANK, whose address is P.O. Box 250, 77 East King Street, Shippensburg, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, setts, 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, gas, geothermal and similar matters, located In CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"): SEE ATTACHED The Real Property or its address is commonly known as 36 KELLY DR, CARLISLE, PA 17013. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all 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. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described below in the Existing Indebtedness section of this Mortgage. Grantor. The word "Grantor" means KEITH L PLASTERER and JAMIE L PLASTERER. The Grantor is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The Lender is the mortgagee under this Mortgage. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes without limitation all assignments and security interest provisions relating to the Personal Property and Rents. Note. The word "Note" means the promissory note or credit agreement dated December 22, 1999, in the original principal amount of $575,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Mortgage is December 22, 2001. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Mortgage" section. Related Documents. The words 'Related Documents" mean and include without limitation all promissory notes, credit 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 connection with the Indebtedness. Rents. The word 'Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. 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: Possession and Use. Until in default, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this Mortgage, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at 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 to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also Include, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a) 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 waste or substance by any person on, under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and p(c) Except as previously disclosed to and acknowledged by nua(15P9poc a6l EXHIBIT "C" MORTGAGE Page 2 Loan No -(Continued) Loan No Lender in writing, (I) 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 waste or substance on, under, about or from the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate 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 waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the Mortgage, Including the obligation to indemnity shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's Interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any Interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporalion, partnership or limited liability company, transfer also Includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company Interests, as the case may be, of Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgage. Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, If a lien Is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Constructlon. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is Impaired, Lender may, at Its election, apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued Interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, including any obligation to maintain Existing Indebtedness in good standing as required below, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (I) the term of any applicable insurance policy or (it) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. BOON f SA9 PACE ?962 MORTGAGE Page 3 l ko 999 (Continued) Loan an N Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage. Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and insuran encumbrances other than those set forth In the Real Property description or i the in connection with lheSss se tti 9below (b) In title has the full Mort, and Grantor policy, title report, or final fifle opinion issued in favor of, and accepted by, Lender right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. EXISTING INDEBTEDNESS. The following provisions concerning existing Indebtedness (the "Existing Indebtedness") are a part of this Mortgage. Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such Indebtedness, or any default under any security documents for such indebtedness. Default. If the payment of any Installment of principal or any interest on the Existing Indebtedness is not made within the time required by the note evidencing such indebtedness, or should a default occur under the instrument securing such indebtedness and not be cured during any applicable grace period therein, then, at the option of Lender, the Indebtedness secured by this Mortgage shall become immediately due and payable, and this Mortgage shall be In default. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. 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 all 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. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notity 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 party 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 as may be requested by it from time to time to permit such participation. 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 Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor 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. Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (d) 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 (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before It becomes delinquent, or (b) contests the tax as 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 Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property, 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 execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall assemble the Personal 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. 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; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a 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, of 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, continuation 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, o preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interest, created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to thi contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters referred to in thl: paragraph. Attomey-In-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name c Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, fi accomplish the matters referred to In the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under IN Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financin statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, it permitted by applicable law, an reasonable termination fee as determined by Lender from time to time. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage: Default on indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or or other payment necessary to prevent filing of or to effect discharge of any lien. Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, it Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Collateralizatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collator, 901JN t 589 PAGF. 963 MORTGAGE Page 4 Loan No o .(Continued) Loan documents to create a valid and perfected security interest or lien) at any time and for any reason. any part of Grantor's property, an under any bankruptcy or insolvency Death or assignment for the benefit of creditors, any type of creditor workout, or the commencement of any receiver laws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply novalidity or tice of such sclaim l and furnishes ire reserves or a r surety bond for foreclosure the c aim satisfactory to in the event of a good faith proceeding, provided that Grantor egivby Grantor as to es Lender written the Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Existing Indebtedness. A default shall occur under any Existing Indebtedness or under any instrument on the Property securing any Existing Indebtedness, or commencement of any suit or other action to foreclose any existing lien on the Property. Events Affecting Guarantor. Any of the preceding evens occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at Is option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure the Event of Default. Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, Immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. AND anyone or mo a of he t following rights and remedies, hn addition cto any other rights or remedies time by lawirer, Lender, at its option, may exercise Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest In all or any part of the Property. Nonjudiclai Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by nonjudicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender that in Lender's opinion are necessary at any time for the protection of is Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the rate provided for in the Note. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. 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 as 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. Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. Tht! Mortgage shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions 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 fime held by or for the benefit of Lender in any capacity, without the written consent of Lender. Multiple Parties. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each anc P.641 .911 purr 9F;4 MORTGAGE Page 5 12_22-1999 (Continued) I -.n 1Jn every Grantor. This means that each of the persons signing below is responsible for all obligations In this Mortgage. Severabllliy. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable ta to any person or cimumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. if feasible, any such so modified,oli shall be strickennand all olherlp oluf's of s oe hishMortgalge noaleother?espects shalldrema however, veld and enforceableprowsion cannot be interest, this Mortgage shall be binding upon Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of main and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested sors it erson iindebt dnesst or way ofaforbea ence orltextensiotn wtithoul releasing Grantolrhf ofm tlhe obi gatiio s of thist® Mortgage lolr labilty9 under the I by Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. under this Mortgage (or under the Related Documents) and Consents. Lender shall not be deemed to have waived any rights unless such waiver is in writing and signed by Lender. No delay ovmissio this Mortgage shall not constitute a wavergoftohprejudifce the party's right such right or any other right. A waiver by any party p otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Granto, shall a waiver consent by Lender is required Inlthis Mortgage, fthe granting off such co sent by Lender in anylinstance shallll not constitute continuing consent to any of subsequent instances where such consent is required. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR: Signed, acknowledged and delivered In the presence of: X Witness X Witness 3r'er:;. mISEAf-i° IE L PLASTERER CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is f??: P.O. Box 260,77 East King Street, Shlppensburg, PA 17257 a INDIVIDUAL ACKNOWLEDGMENT STATE OF 1'r ??` it It n`IU. ) )as COUNTY OF \•?'"??yr^1C1"(? ) ,??'% 19 LJC , before m On this, the - - 1 _ day of undersigned Notary Public, personally appeared KEITH L PLASTERER and JAMIE L PLASTEREI person whose names are subscribed to the within Instrument, and acknowledged that they executed in witness whereof, I hereunto set my hand and official seal / In me for sensual for the purposes in and for the State of Inc. P ... ...... ._a_ I???tarfel Seat 1'r$rm' c: rWI9w, 11, Notary PUNIC Soule MISr1Ywp., CumberleM County My CdfAfill§slan Expires July 7, 2003 rt.r:ner, Pflflfl@ anlaA.esoeallonolNOtades Notarial Seal Frank E. Koser It, Notary Public South Middleton Twp. Cumaedend Courtl My C...... in Expires July 7, 20( Member, PennsyNana Assodalion of Nola 0001(151B9PAGE 065 1)UMIrr A ALL TRAT CERTAIN p;ete or pared of land altuate in the Township of Silver Sprig, Cumbciand County, Pennsylvania, beundod std described as follows, to wit: BEGINNING st a point on the nown side of Keay Drive at the dividiot Noe between Lots Noe. 15 and 16 as aho+m on the subd,WM phm Of lots hereinatiet mendan % thence along acid dividing line between L mw Nos. is and 16 Noah 72 degrees 33 Oinatesa& 31 F. ssoonds East, a dim= of 798.56 feet to other Twinning lttndt of W. W" and th 'loN Kelly; thence aloe` said other remaining lards d W. Wayde sad Gleda F. Kelly, e f°u°"bUgW taro Courses and distances: (1) North 17 degrees 6 minutes 29 seconds Wet, a disc me of 530 umnoc 798.56 be feet to point and (T) South 71 degrees Dri first 31 seconds meswonerl above; thed" slung s9d asom to a point on the eastern aide of Melly Kelly Pte. a di== of $50 Anil m a side of Kelly Drive, South 17 degrees 6 mimtta 29 91000115 ] 6 as p on the saWivisirm point on the same at the dividing luxe bdwee LOU N00- IS and sho ??NG- plan of lots hestinafter mentioned. the Plea BmG Lot No. 15 as shown on a attain vim of lots entitled Final Subdivl" Plan for Wayde Kelly. Section I. deed April 17. 19M and rwmded in the Off'= of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in plan Book 50, Page 50. BEING THE SAME PREMM which RICHARD A. MV), SON by his Atwrocy-in-fsot LOUIS 1. ADLER, ESQUIRE and M"GAR A. JA 19E91 in ? the Orbs A wife, by Dad dated November 22, 1991, sad recorded November mbar i26 s Dead Book is Off Of the Recorder of Deeds in and for Cinto ?; LA? ? end JAM LEE 357. g SQ4•. granted and conveyed PLASTI'RER, husband and wife. n' r n'niva- 1 M 7:y; fo j j" q ?' q B009 15,1Q9 PAGE ORxsTOWN BANK Todd ?s J6 0003 J ?Idd c ? COPY February 11, 2003 KEITH L. PLASTERER JAMIE E. PLASTERER W. WAYDE KELLY 36 KELLY DRIVE CARLISLE, PA. 17013 Via Certified Mail Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached Pages You meet with the Counseling Aaencv This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT "D" r 1 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): KEITH L. PLASTERER & JAMIE E. PLASTERER W. WAYDE KELLY PROPERTY ADDRESS: 36 KELLY DRIVE CARLISLE PA. 17013 LOAN ACCT. NO.: 26338409001 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER: ORRSTOWN BANK IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, MO; IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR RTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETINr: MI 1ST nrr+i in .•..r?... ?..? __. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designate d consumer credit counseling agencies for the count in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set fort h later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 36 KELLY DRIVE CARLISLE PA. 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $607 184 88 DECEMBER 22,2Q01 Other charges (explain/itemize): LATE CHARGES--$144.85 TOTAL AMOUNT PAST DUE: 607 329.73 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $6072329.73. ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 ??v 1.ur<t 10M11-- DEFAULT - If you do not cure the default within THIRTY (30) DAYS of date of this Notice, the the lender intends to exercise its ri hts to accelerate the mort a e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY period, you will not hp ramdre.+ f. . OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the snip of n.,,, fi., ___ , _ . . _ the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding attorney's fees and costs are paid prior to or at the sale and that the other equirementgseof the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.0 CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6" Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax(717)334-8326 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax(717)731-9589 Bedford-Fulton Housing Services American Red Cross - Hanover Chapter RD #1, Box 384 529 Carlisle Street Everett, PA 15537 Hanover, PA 17331 (814) 623-9129 (717) 637-3768 Fax (814) 623-7187 Fax (717) 637-3294 Financial Services Unlimited 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 ORRSTOWN BANK ado o a=) 0 3 s c?oa OS-1 I February 11, 2003 JAMIE E. PLASTERER KEITH L. PLASTERER W. WAYDE KELLY 36 KELLY DRIVE CARLISLE, PA. 17013 C 0 FOly Via Certified Mail Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached Pages This Notice explains how the Program works This Notice contains important representatives at the Consumer Credit You may also want to contact an attorney to help you find a lawyer. legal information. If you have any questions, Counseling Agency may be able to help explain it. in your area. The local bar association may be able LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): KEITH L. PLASTERER & JAMIE E. PLASTERER W. WAYDE KELLY PROPERTY ADDRESS: 36 KELLY DRIVE CARLISLE, PA. 17013 LOAN ACCT. NO.: 26338409001 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MFFTINr: MI ICT nr'1+11c .•.T?.. T..n -- .__. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end os notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT IBring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 36 KELLY DRIVE CARLISLE PA. 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $607,184.88 DECEMBER 22-2001 Other charges (explain/itemize): LATE CHARGES--$144.85 TOTAL AMOUNT PAST DUE: $ 607,329.73 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $607.329.73. ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made Payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgane debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.0 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6m Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax(814)623-7187 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax(717)334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax(717)731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax(717)637-3294 Financial Services Unlimited 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 7U w ,o w v tt ` C SHERIFF'S RETURN - REGULAR CASE NO: 2003-02914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS PLASTERER KEITH L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PLASTERER KEITH L the DEFENDANT , at 0924:00 HOURS, on the 25th day of June 2003 at 36 KELLY DRIVE CARLISLE, PA 17013 by handing to KEITH PLASTERER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 7#- day of A.D. Prothonotary ? So Answers: R. Thomas Kline 06/26/2003 OBRIEN BARIC SCHERER By: Deputy Sh 'ff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS PLASTERER KEITH L ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PLASTERER JAMIE L the DEFENDANT , at 0924:00 HOURS, on the 25th day of June 2003 at 36 KELLY DRIVE CARLISLE, PA 17013 by handing to KEITH PLASTERER, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 7 V- day of j6tj A.D. / Pf oth 0' arty So Answers: R. Thomas Kline 06/26/2003 OBRIEN BARIC SCHERER By: ?G? J Deputy She ff KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP BY: Anthony P. Tabasso, Esquire/Ron L. Woodman, Esquire ATTORNEY I.D. NOS.: 80851/88450 260 SOUTH BROAD STREET PHILADELPHIA, PA 19102 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. No. 03-2914 KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter this firm's appearance on behalf of the defendants, Keith L. Plasterer and Jamie L. Plasterer, in this matter. KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP Date: July 9, 2003 By: Anthony P. Tabasso, Esquire Ron L. Woodman, Esquire 260 S. Broad Street Philadelphia, PA 19102 (215) 568-6060 PHIL1 525228-1 KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP BY: Anthony P. Tabasso, Esquire/Ron L. Woodman, Esquire ATTORNEY I.D. NOS.: 80851/88450 260 SOUTH BROAD STREET PHILADELPHIA, PA 19102 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. No. 03-2914 KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w Defendants. CERTIFICATE OF SERVICE I, Ron L. Woodman, Esquire, hereby certify that on this 9th day of July, 2003, I caused a true and correct copy of the foregoing Entry of Appearance to be served upon the following counsel of record, via first-class mail, postage prepaid: David Baric, Esquire 17 W. South Street Carlisle, PA 17013 Ron L. Woodman, Esquire PHILI 525228-1 ? C W _ r_ ? vii -_ --? t-, { 't '? ui F ` ? ? r? -o ' '._r ? `:7 -?. ?T To Plaintiff You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default jugd mnent may be entered against you. Ron L. Woodman, Esquire KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP BY: Anthony P. Tabasso, Esquire/Ron L. Woodman, Esquire ATTORNEY I.D. NOS.: 80851/88450 260 SOUTH BROAD STREET PHILADELPHIA, PA 19102 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. No. 03-2914 KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w Defendants. PRELIMINARY OBJECTIONS Defendants, Keith L. Plasterer and Jamie L. Plasterer (the "Defendants"), by and through their attorneys, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, hereby preliminarily object to Plaintiffs Complaint and, in support hereof, avers as follows: On or about June 19`t', 2003, Plaintiff, Orrstown Bank (the "Bank") commenced this action by filing a complaint in mortgage foreclosure (the "Complaint") against the above- named Defendants. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and incorporated herein by reference. DEMURRER Defendants incorporate the allegations set forth in paragraph 1 above by reference, as if fully set forth. PHILI 525185-1 3. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides that a party may preliminarily object to a pleading on the grounds that it is legally insufficient. See Pa.R.Civ.P. 1028(a)(4). 4. The Complaint seeks entry of judgment in mortgage foreclosure pursuant to the terms of, inter alia, the promissory note (the "Note") and mortgage (the "Mortgage") attached thereto as Exhibits B and C respectively. See Exhibit A. 5. The Complaint seeks a judgment for the accelerated balance. 6. However, the Note plainly states that the Bank's right to accelerate the sums due thereunder, together with legal fees and costs, is o to ional. See ]Exhibit "B" to Complaint. 7. A review of the allegations in the Complaint, together with the documents attached thereto, reveals that the Complaint contains no averment or other evidence that the Bank exercised its option and declared the amounts due and owing under the Note due and payable. Rather, the Complaint avers that the Defendants were merely given notice of the Bank's intention to foreclose and supplied with information regarding curing their alleged default. See Exhibit "C" to Complaint. 8. As such, the necessary prerequisites for maintaining an action for the accelerated balance of the Note are not satisfied, and the Complaint fails to set forth sufficient facts to support a claim under the Mortgage. The Defendants are, therefore, entitled to a judgment as a matter of law. WHEREFORE, Keith L. Plasterer and Jaime L. Plasterer respectfully request that this Honorable Court sustain their preliminary objections and dismiss the underlying complaint with prejudice. DEMURRER TO DEMAND FOR ATTORNEYS' FEES 9. The Defendants hereby incorporate the allegations set forth in Paragraphs 1-8 above by reference, as if fully set forth. 2 PHILI 525185-1 10. Pennsylvania Rule of Civil Procedure 1028(a)(4) provides that a party may preliminarily object to a pleading on the grounds that it is legally insufficient. See Pa.R.Civ.P. 1028(a)(4). 11. Although the Note provides that the Lender shall be entitled to attorneys' fees and expenses incurred in collecting the amounts due thereunder, the Plaintiff seeks liquidated attorneys' fees in the amount of $28,372.02. See Exhibit A. The Plaintiff parenthetically implies that this fee is 5% of the principal balance of the loan. Id. 12. Although plaintiff provides no explanation, plaintiff apparently set this figure arbitrarily. 13. These liquidated fees are not recoverable under any provision of the Mortgage, the Note, or under applicable law. Specifically, the Note refers to actual attorneys' fees incurred and the Mortgage refers to "reasonable attorneys' fees," as fixed by the court. See Exhibits "B" and "C" to Complaint. 14. There is no provision in any of the loan documents that authorizes liquidated attorneys' fees in the amount of 5% of the unpaid principal. 15. Plaintiff has thus failed to state a claim for liquidated attorneys' fees. WHEREFORE, Keith L. Plasterer and Jaime L. Plasterer respectfully request that this Honorable Court sustain their preliminary objections and dismiss the plaintiff's demand for attorney's fees with prejudice KLEHR, HARRISON, HARVEY BRANZBURG & ELLERS LLP Date: July 16, 2003 By: t -- Anthony P. Tabasso, Esquire Ron L. Woodman, Esquire 260 S. Broad Street Philadelphia, PA 19102 Attorneys for Defendants 3 PHILI 525185-I Jun 25 03 11:43a KLP Enterprises, Inc. 717-795-6141 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- CIVIL TERM MORTGAGE FORECLOSURE COMPLAINT p.3 The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendants, Keith L. Plasterer and Jamie L. Plasterer, are adult individuals residing at 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania. By Deed dated November 21, 1991, Richard A. Jameson, by his attorney-in-fact, Louis J. Adler, Esquire and Margaret A. Jameson, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Keith L. Plasterer and Jamie L. Plasterer. This Deed was recorded in Cumberland County Record Book 35K, Page 357, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 4. On or about, December 21, 1999, Keith L. Plasterer and Jamie L. Plasterer as Mortgagors made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". PROMISSORY NOTE Principal Amount: $575,000.00 Initial Rate: 9.500% Date of Note: December 22, 1999 PROMISE TO PAY. I promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Five Hundred Seventy Five Thousand & 001100 Dollars ($575,000.00), together with Interest on the unpaid principal balance from December 22, 1999, until paid in full. The interest rate will not Increase above 18.000%. PAYMENT. Subject to any payment changes resulting from changes in the Index, I will pay this loan In 23 regular payments of $5,023.60 each and one Irregular last payment estimated at $567,612.88. My first payment is due January 22, 2000, and all subsequent payments are due on the same day of each month after that. My final payment due December 22, 2001, will be for all principal and all accrued interest not yet paid. Payments Include principal and Interest. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. DEMAND FEATURE. THE LOAN IS NOT PAYABLE ON DEMAND. THE LOAN WILL BE EXTENDED, BY THE LENDER, FOR A THREE (3) CONSECUTIVE ONE YEAR TERMS, PROVIDED THAT NO PAYMENT IS MORE THAN 29 DAYS PAST DUE AT ANY TIME DURING THE IMMEDIATELY PRECEDING TERM. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the WALL STREET PRIME (the "Index"). The Index is not necessarily the lowest rate charged by Lender on Its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to me. Lender will tell me the current Index rate upon my request. I understand that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The Index currently Is 8.500% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, adjusted if necessary for the maximum rate limitation described below, resulting in an initial rate of 9.500% per annum. Notwithstanding any other provision of this Note, the variable interest rate or rates provided for in this Note will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 18.000% per annum or the maximum rate allowed by applicable law. Unless waived by Lender, any Increase in the Interest rate will increase the amounts of my payments. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in me making fewer payments. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment DEFAULT. I will be in default N any of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan 1 have with Lender. (c) Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with Lender. (f) Any of the events described in this default section occurs with respect to any guarantor of this Note. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if I, after receiving written notice from Lender demanding cure of such default: (a) cure the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this Note if I do not pay. I also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lenders 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. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. I grant to Lender a contractual security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender all my right, title and interest in and to, my accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held ly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the it of a security interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage dated December 22, 1999, to Lender on real property located in CUNi3E91-AND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. EXHIBIT "A" Borrower: KEITH L PLASTERER (SSN: 181-52-3990) Lender: ORRSTOWN BANK JAMIE L PLASTERER (SSN:) King Street Executive Office 36 KELLY OR P.O. Box 250 CARLISLE, PA 17ol3 77 East King Street Shippensburg,PA 17257 12-?2-1999 PROMISSORY NOTE Page 2 Loan No (Continued) GENERAL PROVISIONS. This Note has a demand feature. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's - right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing 9m. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, otest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS AND THE NOTICE TO COSIGNER SET FORTH BELOW. 1, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: X C O [•* Y ""- "r;,.-_. (SW KEIT PLASTERER XIGG?er'.+i J.;f:` } (SEAf3 NIE L PLASTERER NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay If you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The tender can collect this debt from you without first trying to collect from the borrower. The lender can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt Is ever In default, that fact may become a part of YOUR credit record. This notice Is not the contract that makes you liable for the debt. Variabla Rate. Balloon. LASER PRO, Reg. U.S.Pa1.LT.M.off..Ver.3.28b(c) 1999 CFI ProServices, Inc. All tights reserved. IPA- D20 E3.28 F3.28a P3.28a 06923CL.LNI OMT&OK OWN BANK W. WAYDE KELLY KEITH L. PLASTERER JAMIE E. PLASTERER 101 KELLY DRIVE CARLISLE, PA. 17013 7007 / 9Y) 0000 s? p3.9,46,5- February 22, 2002 Via Certified Mail Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save our home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, -oresentatives at the Consumer Credit Counseling Agency may be able to help explain it. u may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT "B" PO Box 250 • Shippensburg, PA 17257 • (717) 532-6114 • (717) 532-4143 Fax • www.orrstown.com LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU ,RECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: KEITH L. & JAMIE E. PLASTERER W. WAYDE KELLY 36 KELLY DRIVE CARLISLE. PA. 17013 26338409001 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE `UR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer 6t counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 36 KELLY DRIVE CARLISLE PA. 17013. IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and _..a following amounts are now past due:DECEMBER 22"0--$575 857.44. Other charges (explain/itemize): LATE FEES--$144.85- TOTAL AMOUNT PAST DUE: $ 576,002.29 )W TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 576,002.29. ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a ieriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: P.O. Box 250, 77 East King Street Ship pensburclPA 17257 Phone Number: (717) 530-2661 Fax Number: (717) 532-4099 Contact Person: Bets y J. Smith EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.0 CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3`d Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6m Street Harrisburg, PA 17101 (717) 234-5925 Fax(717)234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax(717)234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 Financial Services Unlimited 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax(717)731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 VERIFICATION I, Ron L. Woodman, Esquire, hereby certify that I am the attorney for the Defendants, and that I am authorized to make this verification on their behalf because they are unavailable to do so. I verify that the statements contained herein are true and correct to the best of my knowledge, information and belief. I acknowledge and understand that the statements contained herein are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsifications to authorities. Ron t. Woodman, Esquire PHILI 525185-1 CERTIFICATE OF SERVICE I, Ron L. Woodman, Esquire, hereby certify that I caused a true and correct copy of the foregoing Preliminary Objections to be served upon the following counsel of record via first class mail, postage prepaid and Federal Express: David A. Baric, Esquire 17 West South Street Carlisle, PA 17013 ^ Date: July 16, 2003 1 Ron L. Woodman, Esquire PHILI 525185-1 - 1 i11 v, 77 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in fall) ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257 (Plaintiff) VS. KEITH L. PLASTERER and JAMIE L. PLASTERER husband and wife 36 KELLY DRIVE CARLISLE, PENNSYLVANIA 17013 (Defendant) No 2914 Civil Term -19: 2003 1. State matter to be argued (i.e., plaintiff's motion for new trial, defend demurrer to complaint, etc.): /f6GrG<yu/ v?I? ?e,??G?D?/s ?s f?Ls7-LrN??a?.V ?S 2. Identify counsel who will argue case: (a) for Plaintiff: David A. Baric, Esquire Address: O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 (b) for defendant: Anthony Tabasso, Esquire I Address: Klehr, Harrison, Harvey, Branzburg & Elllsrs 260 South Broad Street Philadelphia, Pennsylvania 19102 3. I will notify all parties in writing within two days that this case bas been listed for argument- 4. Argument Court Date: December 3, 2003 ` I October 14, 2003 Attorney for Plaintiff Dated: rn„ n r -° cry ` -i7 KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP BY: Anthony P. Tabasso, Esquire/Ron L. Woodman, Esquire ATTORNEY I.D. NOS.: 80851/88450 260 SOUTH BROAD STREET PHILADELPHIA, PA 19102 ORRSTOWN BANK Plaintiff, V. KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 03-2914 CONSENTING ANSWER The Defendants, Keith L. Plasterer and Jamie L. Plasterer (the "Defendants"), hereby file this Consenting Answer to Plaintiffs Complaint (the "Complaint"), and in support hereof aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. PHILI 550467-1 11. Admitted. 12. Admitted. WHEREFORE, Defendants Keith Plasterer and Jaime Plasterer consent to the entry of judgment against them and in favor of Plaintiff for mortgage foreclosure in the amount of $654,920.39. Dated: 1arr4 -,2004 KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP By: Shtdian G. Te erian, Esquire Anthony P. T/iabasso, Esquire 260 S. Bro Street Philadelp a, PA 19102-5003 Attorneys For Defendants PHILI 550467-1 n? C '1 ra ?? ' ?-> '1"l ?s ? ^? 1??' ?? ?.. ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w, Defendants. NO 03-2914 STIPULATION TO STRIKE CONSENTING ANSWER NOW, come the undersigned, counsel for Plaintiff and Defendants in the above matter and Stipulate as follows: On October 11, 2005 a Consenting Answer was filed in the above matter with the Prothonotary of Cumberland County. 2. The parties, through their respective counsel, wish to have the Consenting Answer stricken. WHEREFORE, Plaintiff and Defendants respectfully request this Court issue an Order striking the Consenting Answer filed on October It, 2005 with the Prothonotary of Cumberland County. O'BRIEN, BARIC & SCHERER V ? ,v 1 Z-/, .? David A. Baric, Esquire Date: lQ Aolob KLEHR, H RRISON, HARVEY, BRAN U & ELLERS, LLP Anthony P. abasso, Esquire Date: / 0/19/0 S _., ou x d zuo5 ORRSTOWN BANK, IN THE COURT OF COMMON PLE F -J Plaintiff, CUMBERLAND COUNTY, PENNS V. KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w, Defendants. NO. 03-2914 CIVIL TERM ORDER OF COURT AND NOW, this 3 "4 day of 2005, the attached Stipulation To Strike Consenting Answer is hereby made an Order of Court. BY THE COURT, 1 l' y;r 6S 'L NIV I- AON 303Z AdViQi'v C? !! Clod 31Hl J0 DoL„?{}-© ly ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO 03-2914 KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w, Defendants. STIPULATION TO STRIKE CONSENTING ANSWER NOW, come the undersigned, counsel for Plaintiff and Defendants in the above matter and Stipulate as follows: On October 11, 2005 a Consenting Answer was filed in the above matter with the Prothonotary of Cumberland County. 2. The parties, through their respective counsel, wish to have the Consenting Answer stricken. WHEREFORE, Plaintiff and Defendants respectfully request this Court issue an Order striking the Consenting Answer filed on October 11, 2005 with the Prothonotary of Cumberland County. O'BRIEN, BARIC & SCHERER David A. Baric, Esquire Date: lojAolo KLEHR, H SON, HARVEY, BRAN U & ELLERS,LLP Anthony P. abasso, Esquire /19/0 S Date: /4 ?_ ? - :.; i -1 i KLEHR, HARRISON, HARVEY, BRANZBURG & ELLERS LLP BY: Anthony P. Tabasso, Esquire/Ron L. Woodman, Esquire ATTORNEY I.D. NOS.: 80851/88450 260 SOUTH BROAD STREET PHILADELPHIA, PA 19102 ORRSTOWN BANK Plaintiff, V. KEITH L. PLASTERER and JAMIE L. PLASTERER, h/w Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 03-2914 CONSENTING ANSWER The Defendants, Keith L. Plasterer and Jamie L. Plasterer (the "Defendants"), hereby file this Consenting Answer to Plaintiffs Complaint (the "Complaint"), and in support hereof aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. PHIL] 550467-1 t 11. Admitted. 12. Admitted. WHEREFORE, Defendants Keith Plasterer and Jaime Plasterer consent to the entry of judgment against them and in favor of Plaintiff for mortgage foreclosure in the amount of $654,920.39. Dated: OGro Lcr I -, 2005 KLEHR, HARRISON, HARVEY, BRANZBURG &-FLLERS LLP By: Anthony Y. Tabasso, Esquire 260 S. B ad Street Philadelphia, PA 19102-5003 Attorneys For Defendants PHILI 550467-1 r ORRSTOWN BANK, Plaintiff v KEITH L. PLASTERER and : JAMIE L. PLASTERER h/w : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2914 CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT UPON ADMISSION PURSUANT TO Pa.RC.P. 1037(b) TO: Curtis Long, Prothonotary Upon admissions of the Defendants to the complaint filed by Plaintiff in the foregoing matter please enter judgment against the Defendants as follows: Principal $437,822.29 Interest (to 01/09/06) $ 11,210.07 (per diem of $100.33) Late Charges $ 4,846.60 Fees and costs $ 5.409.52 (to 01/09/06) TOTAL: $459,288.48 Respectfully submitted, O'?RIEN, BARK S?CHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Orrstown Bank CERTIFICATE OF SERVICE I hereby certify that on January?2 , 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe For Entry Of Judgment Upon Admission Pursuant To Pa.R.C.P. 1037 (b), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Anthony P. Tabasso, Esquire Klehr Harrison 260 South Broad Street Philadelphia, Pe sylvania 19102 V L' ? David A. Baric, Esquire ? vP t ( ORRSTOWN BANK, Plaintiff v KEITH L. PLASTERER and JAMIE L. PLASTERER h/w Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2914 CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothonot ?'_ Date: ORRSTOWN BANK, Plaintiff v KEITH L. PLASTERER and JAMIE L. PLASTERER h/w Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2914 CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Keith L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. JS? G_zt, L4? I? ?` Prothonot r,'/ Date: ?7 .ZD h ' ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Amount due: $459,288.48 Interest from 01/09/06 to 02/01/06 $ 2,307.59 (per diem of $100.33) Attorney fees through sheriffs sale $ 3,500.00 Sheriff's sale costs $ 1.500.00 Total $466,596.07 a7 H R ' David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on January 31, 2006, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Keith L. Plasterer Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 ?O r David A. Baric, Esquire S^ r-' w ,f a'' qJ ..p ut 6" -? ? c C? T JS } o ?< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-2914 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From KEITH L. PLASTERER AND JAMIE L. PLASTERER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property 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 property of the defendant (s) or otherwise disposing thereof, (3) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $459,288.48 L.L. $.50 Interest FROM 1/9/06 TO 2/1/06 (PER DIEM OF $100.33) --- $2,307.59 Arty's Comm % Arty Paid $132.21 SHERIFF'S SALE - $3,500.00 Plaintiff Paid Date: JANUARY 31, 2006 Due Prothy $1.00 Other Costs ATTORNEY FEES THROUGH ProthonotaT (Seal) By: Deputy REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 i ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. Name and address of owners or reputed owners: Keith L. Plasterer Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 2. Name and address of defendants in the judgment: Keith L. Plasterer Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Unitas Bank 15 South Main Street Chambersburg, Pennsylvania 17201 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Bureau Of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr 3192 Perets Mountain Road and Resto Lahr Halifax, Pennsylvania 17032 George Berryhill P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jan Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Carnoustie Drive Chambersburg, Pennsylvania 17201 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Dollar Bank Three Gateway Center 10 East Pittsburgh, Pennsylvania 15222 BLC Commercial Capital Corporation 645 Madison Avenue, 18th Floor New York, New York 10022 Harris Savings Bank 234 North Second Street P.O. Box 1711 Harrisburg, Pennsylvania 17105 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Unitas Bank 15 South Main Street Chambersburg, Pennsylvania 17201 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Bureau Of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr 3192 Perets Mountain Road and Resto Lahr Halifax, Pennsylvania 17032 George Berrybill P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jan Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Camoustie Drive Chambersburg, Pennsylvania 17201 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.5.4904 relating to unsworn falsifications to authorities. ©i 31 0b ?/ r ate David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstownban W plasterer/3129.1.aff EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 ? N? ?? ?'. ?_ u ?? u? ?? rm ..- <-7.17 ?, -n ^`? ? Ol" r?? ..? _ ?r ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 The premises which is the subject of this action and Notice of Sale is located at 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania, with a parcel number 38-05-0438-084 and described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-043 8-084 2. If you have any questions concerning this Notice, you should contact your attorney. 3. The time and place of the Sheriffs Sale is June 7, 2006 at 10:00 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. The sale is being held on Judgment entered in Orrstown Bank vs. Keith L. Plasterer and Jamie L. Plasterer, docketed to 2003-2914 in the Court of Common Pleas of Cumberland County. The names of the owner or reputed owner are Keith L. Plasterer and Jamie L. Plasterer. NOTICE OF SCHEDULING OF DISTRIBUTION 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, BY: O'BRIEN, BARK & SCHE R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: ?? ?` ?? LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 r7 '? O -r,`---?. t? ".? rn w ?.?, -° c; ?. ;5 ; ! c? -` ?`_ ,-a i c.> o =?' -? try t t NOTICE TO LIEN HOLDERS ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Keith L. Plasterer and Jamie L. Plasterer. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Unitas Bank 15 South Main Street Chambersburg, Pennsylvania 17201 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Bureau Of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr 3192 Perets Mountain Road and Resto Lahr Halifax, Pennsylvania 17032 George Berryhill P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jana Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Carnoustie Drive Chambersburg, Pennsylvania 17201 Dollar Bank Three Gateway Center 10 East Pittsburgh, Pennsylvania 15222 BLC Commercial 645 Madison Avenue, 18th Floor Capital Corporation New York, New York 10022 Harris Savings Bank 234 North Second Street P.O. Box 1711 Harrisburg, Pennsylvania 17105 You are hereby notified that on June 7, 2006, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Keith L. Plasterer and Jamie L. Plasterer, No. 2003-2914, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Keith L. Plasterer and Jamie L. Plasterer known and numbered 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania, with a parcel number 38-05-0438-084. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate 1 be divested by if b ng notified of said the sale and that you have an opportunity to prote our in47?1?dk Sheriffs Sale. `/ DATE: 3 D ?O David A. Banc, Esquire I.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff Y LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 N ? C'i ?='' ._ , a T ? _ - ?,,,? i. ??r -gin t+? CJ ?.'?' _._ rl. i ?u??? ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE PURSUANT TO ACT 91 I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notices required pursuant to Act 91 were mailed with certificate of mailing to the Defendants, Keith L. Plasterer and Jamie L. Plasterer. Sworn to and subscribed before me this,,,3? At day of January, 2005. No W IN O'BRIEN, BARIC & SCHERER J ? 1 BY: David A. Baric, Esquire )r lctaiy P bhc t dvI ,C ,,mhEnn ,Go?rry 1 2y 20(}7 dab.dir/orrstownbank/plasterer/act91. afE r.; f. v t_ ;T ? ? -; W ?--? +-,,_ _: _ ? ,? ?h7 r? A ?.._' '"7 . 1 1 r . -l. ?..} ",i `? _ (j} ,????` ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendants, Keith L. Plasterer and Jamie L. Plasterer is 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania 17013 and that the Defendants are the owners of the mortgaged property. BY: O'BRIEN, BARIC & SCHERER U f,, David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS,.31 g-DAY OF JANUARY, 2005. 7 A Not P b i -. _ Notanal Seal Jennifer S. Lindsay, Notary Public Carisle Born, Cumberland County Mf Comr_is=i r F p 7_s Nov 29, 2007 dab.dir/orrstownban Wplasterer/address.aff r'? ?.,: ?, ?: r.? ,=? r-. W ;v t }, "J ?G cu• ???? ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, /' EN, BARIC SCHE G David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownba n k/plasterer/mailing. cer T PS Form 3Cl f, January my 1 ° o 'M 'z I U.S. POSTAL SERVICE CERTIFICATE OF MAILING o i ` ps SAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT mo PROVIDE FOR INSURANCE-POSTMASTER o P , ?l r? Receivetl From: ?"•?'Bn?.n Barn °? Sch?x?- ---~ ??;,t oukh treat Y?IS? 1??3 n ti j m In c ? m is N W W One piece of odinary mail addressed to: ? •S ' •-??• PS Form 3817, January U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received F.,, ?q I1)sSt South S1Y6?' rlisl? PR 11013 J One piece of ordinary mail addressed to. i (VfX rin ' ?Ownsh, e,? (?t?15 arli P?c??. cVla?lc?bul' , PR 1"1055 ?Ij PS Form Sal jr, January [uuI D rps o ^o t ° o e> ?m ,I• ? i m D N CN°V^0 m D m w m U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From'. Iq ALStWUt1 S?1 ?4?"al carlislb, PR One piece of ordinary mail addressed to gar?au p? Cor WLYIei? p?par{?mexEl- ?gbg1? W arnsburq , PA I i 12,8 PS Form 3817, January 2001 LLS. POSTAL SERVICE CERTIFICATE OF MAILING MAY RF USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Rj?eceived From: li' botn, P?unc?°1- Sch?x r vi wts} SoA 'Sitytzt brllSI(P,-? PA I'l?13 One piece of ordinary mail addressed to: Chants Lahr, LI UAv * R?siro ji6i I PR 11 b3a PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY ,PO, FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Received From: 0' Pxl , Ban, °* Sch) rn' Car Il AIF PA I'I 013 r' One piece of ordinary mail addressed to y. 1 C. 8y VV y l l r "?.,c.• 3 D N sh F'R I1b33 ?Ij PS Form 3817, January 2001 0 co e o Mo? m'n J > mD? D[p 3J y ZN ND? D ?I 1 Co D ? m co co 0 00 2m ? p` M J C M's ,d R Not Imps no If ant U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R calve From: ' 13 WEs+&-Lln Stre-E?t - 'IOi3 One piece of ordinary mail addressed fo: ?g,dwtia1 Lusinq Corgi v 1?I o ?3ana. & a b6e ESQ tkir ion N?r?h fhlydStr? lam door Au6sbur 1-i m PS Form 3817, Ja ua 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From ?? IA)`cS-I' SDU?1'i STrcft' Arllslir 11013 One piece of ordinary mail addressed 10' IavI o 9 -[Aal _32, Sou-Nn?A 1 Idar Ba IlEVard _Dill?, P? I'IOIq PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From. D16(jWj ?arlc?? Sch x l l UJ?st &q+ll 5 Cartislti, P? 1'lOl3 One piece of ordinary mail addressed fo: v PS Form 381 T, January 2001 o a o _I a ^m aM? T n C W 9D1 UI tiI ^ z• roo NW -I •wm ? °m 'v n L31 v m ?s 8 y U --a 7 y r ? AA 9 _;1 n o n r -rv pp D CI.O ( ~N ? J r ? ? • WI T1 N a m n o m D DW JJ y OoV?+D CNOWn+? z• Wn' w y • m N O m v a a c? m U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Qi gR"w) III1V d- hFXfB' 1?1 l,U?st SD't?ttn 5tr??h r1ts1? Pp 1Z6i3 ?;? One piece of ordinary mall addressed to 94ad- ?Y1 • ?odn?+' 3344 uaMO'15ht, rl?ti Umyl`ov,m. u ?A 1?aa1 i.j PS Form 3817, January 2001 _ o ?? tj Jrti? 3o?, 3rs']roN a?../ VI , a n m U.S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: b (lkXi &Y1C/ sC ' lq iGS?v? rs n?3 ? ; One Piece of ordinary mail addressed to l'*' bWav banK '?nr? C a?rtau Cdr ?.e rya ID ?nst • P?Itsburo,h, PW? 15?,?,a PS Form 3817, J nu ry 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Yiv °1 _D ?1 i?.1n, Pia ?vfx _? Suuttn ? ??•R' rl \? PA 11 Dt3 One piece of ordinary .if addressed to: t C, Cmm?rGa1 ^U ?ta1 Corr E a` 145 YYladisd?l Ay?;nu? ? 1??^ F a ? ???1?, r??UD?arK 1©oaa - o 10 \ T D ? R " ' " n c m s 2NON^? ti WrTi o w m ? D rm o ^Ip 0 n c N N. V...y v co :0 1 9a M To s PS Form 3817, January 2001 u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER c c Received From'. _ ~~ 7 1? Est Snuff Str?gt ' 1 FE8 1b13 Carltslfi A 1 One piece of ordinary mail addressed to. &GAY) ' h 5 am s au ?g? a mill s na s E P.6 Boy l"l'I1 Nafi6)D4r , QN M0 1 g maw m PS Form 3817, Janua4zy 01 ,; r? c_, -ca? , ? .. ?' ,=- <. <.. ?:.. i; C< ORRSTOWN BANK 77 EAST KING STREET Sl IIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE, 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. Name and address of owners or reputed owners: Keith L. Plasterer Jamie I,. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 2. Name and address of defendants in the judgment: Keith L. Plasterer Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 First Commonwealth Bank P.O. Box 503 Hollidaysburg, Pennsylvania 16648 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Bureau Of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr 3192 Perets Mountain Road and Resto Lahr Halifax, Pennsylvania 17032 George Berryhill P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jana Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Carnoustie Drive Chambersburg, Pennsylvania 17201 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Dollar Bank Three Gateway Center 10 East Pittsburgh, Pennsylvania 15222 BLC Commercial 645 Madison Avenue, 18th Floor Capital Corporation New York, New York 10022 Harris Savings Bank 234 North Second Street P.O. Box 1711 Harrisburg, Pennsylvania 17105 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 First Commonwealth Bank P.O. Box 503 Hollidaysburg, Pennsylvania 16648 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Bureau Of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr 3192 Perets Mountain Road and Resto Lahr Halifax, Pennsylvania 17032 George Berryhill P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jan Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Carnoustie Drive Chambersburg, Pennsylvania 17201 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Date David A. Baric. Esquire Attorney for Plaintiff dab.dir/orrstownbanWplasterer/amended3129.Laff EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 ? 7 l 7 ~ j 72 CJ ?'"1 O NOTICE TO LIEN HOLDERS ORRSTOWN BANK 77 FAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CIJMBFRLAND COUNTY, PENNSYF,VANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Keith L. Plasterer and Jamie L. Plasterer. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 First Commonwealth Bank P.O. Box 503 Hollidaysburg, Pennsylvania 16648 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Bureau Of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr 3192 Perets Mountain Road and Resto Lahr Halifax, Pennsylvania 17032 George Berryhitl P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jana Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Carnoustie Drive Chambersburg, Pennsylvania 17201 Dollar Bank Three Gateway Center 10 Fast Pittsburgh, Pennsylvania 15222 BLC Commercial 645 Madison Avenue, 18th Floor Capital Corporation New York, New York 10022 Harris Savings Bank 234 North Second Street P.O. Box 1711 Harrisburg. Pennsylvania 17105 You are hereby notified that on June 7, 2006, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Keith L. Plasterer and Jamie L. Plasterer, No. 2003-2914, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Keith 1.. Plasterer and Jamie L. Plasterer known and numbered 36 Kelly Drive, Carlisle. Cumberland County, Pennsylvania, with a parcel number 38-05-0438-084. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution will be Cited by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to pro, ct your interes if any, by e ng notified of said Sheriffs Sale. f C DA FE: David A. Baric, Esquire I.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F, Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER. ESQUIRE and MARGARET A. JAMESON. husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 ?J o C7 '?:r; `n I?.i ..> ??? S _ C::' ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R,C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following party via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipt attached hereto. Respectfully submitted, O IEN, BAR IC SCHER LLU// r David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 da b. d i r/or rs tow n ba nk/plasterer/m a i ling2.cer U.S. POSTAL SERVICE CERTIFICATE OF MAI G MAY BE USED FOR DOMESTIC AND INTERNATIONAL' MAIL, DO T` PROVIDE FOR INSURANCE-POSTMASTER "• Received From Q'$fiM , ?AYIGC4 k 1D One piece of ordinary mail addressed to: c %? c t k IVS ? - mm n ?al P. o. Bon +610 Rotfida bur PW g PS Form 3817, January 2001 '? vin z? ur p cxo ? , n n otJni y n m ,, .? 7 ( >i ( _ -1 r. ? -- O'BRIEN, BARIC & SCHERER By: David Baric, Esq. 19 West South Street Carlisle, Pennsylvania 17013 Tel: (717) 249-6872 Fax: (717) 249-5755 Attorney for Plaintiff, Orrstown Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ORRSTOWN BANK King Street Executive Office P.O. Box 250 77 East King Street Shippensburg, Pennsylvania 17257 NO. 2003-2914 PLAINTIFF, V. KEITH L. PLASTERER and JAMIE L. PLASTERER 36 Kelly Drive Carlisle, Pennsylvania DEFENDANT. CIVIL ACTION MORTGAGE FORECLOSURE ASSIGNMENT OF JUDGMENT KNOW ALL MEN BY THESE PRESENTS, that ORRSTOWN BANK, a Pennsylvania corporation having an office and place of business at 77 East King Street, Shippensburg, Pennsylvania 17257 ("Assignor") for good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, convey, transfer, assign and make over to PHILADELPHIA PRIVATE CAPITAL, LLC, a Pennsylvania limited liability company, with an office at 1760 Market Street, Suite 900, Philadelphia, Pennsylvania 19106 (together with its successors and assigns, "Assignee"), a certain judgment granted to Assignor in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 2003-2914, against Keith Plasterer and Jamie L. Plasterer, husband and wife, with an address of 36 Kelly Drive Carlisle, ti Pennsylvania 17013 for the sum of $459,288.48; together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the judgment to its own use. Assignor further authorizes and empowers the Prothonotary or any attorney on behalf of the Assignee to mark the judgment to the Assignee's use. [Signatures follow on next page] IN WITNESS WHEREOF, I have set my hand and seal thiJI day of 2006. ASSIGNOR: ORRSTOWN BANK By: tle: SQ,,ro,r V ; C r ?c?s+ c?ca???- -Ll-0 SWORN TO AN SUBSCRIBED this day of , 2006 ToTtomic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Lindsay, Notary Public Carlisle Boro, Cumberland County My Commission Expires Nov. 29, 2007 Member, Pennsylvania Association Of Notaries [Assignment of Judgment] r ? CERTIFICATE OF SERVICE I certify that on this 1 day of June, 2006, a true and correct copy of the attached Assignment of Judgment in the above captioned matter was served upon interested parties by placing same in the United States Mail, postage prepaid, addressed as follows: KEITH L. PLASTERER and JAMIE L. PLASTERER 36 Kelly Drive Carlisle, Pennsylvania 17013 and W. WAYDE KELLY 101 Kelly Drive Carlisle, Pennsylvania 17013 [Assignment of Judgment] #766779-v 1;PHL 1_GENERAL;FORTE 1 IS. ? c c ? N 21 r? t? w ==c WILLIAM J. WEBER, JR., ESQUIRE CONNOR, WEBER & OBERLIES Attorney 1. D. #33137 171 West Lancaster Avenue Suite 100 Paoli, PA 19301 (610) 610-2811 Attorney for Assignee of Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORRSTOWN BANK King Street Execute Office P.O. Box 250 77 East King Street Shippensburg, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER 36 Kelly Drive Carlisle, PA Defendants NO. 2003-2914 Civil Action Mortgage Foreclosure ASSIGNMENT OF JUDGMENT KNOW ALL MEN BY THESE PRESENTS, that PHILADELPHIA PRIVATE CAPITAL, LLC, a Pennsylvania limited liability company, with an office at 1760 Market Street, Suite 900, Philadelphia, PA 19106 together with its successors and assigns ("Assignor"), for good and valuable consideration, receipt of which is hereby acknowledged does hereby grant, bargain, convey, transfer, assign and make over to PENN LIBERTY BANK, a Pennsylvania banking corporation with an address of 353 West Lancaster Avenue, Suite 300, Wayne, PA 19087 the judgment granted to Orrstown Bank (the assignor to the Assignor herein) in the Court of Common Pleas of Cumberland County, Pennsylvania docket no. 2003-2914, against Keith L. .If T Plasterer and Jamie L. Plasterer, husband and wife, with an address of 36 Kelly Drive, Carlisle, PA 17013 for the original sum of $459,288.48; together with such additional interest as has or may accrue thereon together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the judgment to its own use which such Judgment, interest, benefits, advantages and rights was thereafter assigned to PHILADELPHIA PRIVATE CAPITAL, LLC, the Assignor herein, by Assignment of Judgment dated May 31, 2006 and filed in the Court of Common Pleas for Cumberland County, Pennsylvania at Docket No. 2003-2914 on or about June 9, 2006. Assignor further authorizes and empowers the Prothonotary or any attorney on behalf of the Assignee to mark the judgment to the Assignee's use. IN WITNESS WEHREOF, I have set my hand and seal this ? day of 2006. Assignor: PHILADELPHIA PRIVATE CAPITAL, LLC, a Pennsylvania limited liability company By: Richard L. Robertson Manager SWORN TO AND SUBSCRIBED This - day of 2006 Notary Public AFFIDAVIT OF SUBSCRIBING WITNESS Commonwealth of Pennsylvania County of Delaware) SS: Before me, a notary public who is not a director or officer of Penn Liberty Bank, personally appeared Debra Persia, the subscribing witness to the within Assignment of Judgment as authorized by 21 P.S. §444, who being duly sworn according to law, doth depose and say that she was personally present at the execution of said Assignment of Judgment, saw the within named Assignor(s) Philadelphia Private Capital, LLC sign and deliver the Assignment of Judgment for the purpose set forth therein, and that the signature as witness on said Assignment of Judgment is his/her own: further deponent sayeth not. Sworn and subscribed before me nn This Subscribing Witness ? ,? day of ,2006 r Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bow F. Badame, Notary PubNo Ceemervon Twp., Berke Co" My Co nmissbn EVkw Apr. 14, 2008 Member, Pennsvlvanla Assoclatlon of Notaries , CERTIFICATE OF SERVICE I certify that on this 40Aday of (l f/c 2006, a true and correct copy of the attached Assignment of Judgment in the above captioned matter was served upon interested parties by placing same in the United States Mail, postage prepaid and via Federal Express Priority Overnight addressed as follows: Keith L. Plasterer Jamie L. Plasterer Orrstown Bank 36 Kelly Drive 36 Kelly Drive 77 East King Street Carlisle, PA 17013 Carlisle, PA 17013 Shippensburg, PA 17257 ATTN: Jefrrey Embly W. Wayde Kelly 101 Kelly Drive Carlisle, PA 17013 Date: O - DC n ? Orrstown Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Keith L. Plasterer and Jamie L. Plasterer Writ No. 2003-2914 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2006 at 2:58 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Keith L. Plasterer and Jamie L. Plasterer, by making known unto Jamie L. Plasterer, personally and wife of Keith L. Plasterer, at 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2006 at 4:57 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Keith L. Plasterer and Jamie L. Plasterer located at 36 Kelly Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Keith L. Plasterer and Jamie L. Plasterer by regular mail to their last known address of 36 Kelly Drive, Carlisle, PA 17013. These letters were mailed under the date of April 03, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned stayed per instructions from attorney David Baric. Sheriffs costs: Docketing 30.00 Poundage 6125.37 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 15.84 Certified mail 4.64 Levy 15.00 Surcharge 30.00 Law Journal 413.00 Patriot News 369.20 Share of Bills 19.57 4 ?dB+oL 12 ? 7054 Total: - . Rj,?.1 -79 7yt So Answers: R. homas Kline, Sheriff BYE in?? Real Estate ergeant ;i . .. i I ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2003- 02914 CIVIL TERM KEITH L. PLASTERER and JAMIE L. PLASTERER, MORTGAGE FORECLOSURE husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 I Defendant i AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information l concerning the real property, as more fully described on Exhibit "A", attached hereto and !I it 4 incorporated herein by reference. 1. 2. Name and address of owners or reputed owners: Keith L. Plasterer Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 Name and address of defendants in the judgment: Keith L. Plasterer Jamie L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Unitas Bank 15 South Main Street Chambersburg, Pennsylvania 17201 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Bureau Of Compliance Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr 3192 Perets Mountain Road and Resto Lahr Halifax, Pennsylvania 17032 George Berryhill P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jan Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Carnoustie Drive Chambersburg, Pennsylvania 17201 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Dollar Bank BLC Commercial Capital Corporation Three Gateway Center 10 East Pittsburgh, Pennsylvania 15222 645 Madison Avenue, 18th Floor New York, New York 10022 ;i i i Harris Savings Bank 234 North Second Street P.O. Box 1711 Harrisburg, Pennsylvania 17105 5. Name and address of every other person who has any record lien on the property: Orrstown Bank Unitas Bank Silver Spring Township Bureau Of Compliance 77 East King Street Shippensburg, Pennsylvania 17257 15 South Main Street Chambersburg, Pennsylvania 17201 6475 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Department 280946 Harrisburg, Pennsylvania 17128 Charles Lahr, Louise Lahr and Resto Lahr 3192 Perets Mountain Road Halifax, Pennsylvania 17032 George Berryhill P.O. Box 271 Hershey, Pennsylvania 17033 Credential Leasing Corp. c/o Jan Butler Toole, Esquire 500 North Third Street, 12th Floor Harrisburg, Pennsylvania 17101 Harley Group, Inc. 32 South Alydar Boulevard Dillsburg, Pennsylvania 17019 Charles M. Sioberg 3596 Eagle Drive Chambersburg, Pennsylvania 17201 Richard M. Bodner 3344 Carnoustie Drive Chambersburg, Pennsylvania 17201 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a !1 I 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject j to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. ate David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstownbank/plasterer/3129.1.aff EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter i mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 The premises which is the subject of this action and Notice of Sale is located at 36 Kelly Drive, Carlisle, Cumberland County, Pennsylvania, with a parcel number 38-05-0438-084 and described as follows:. ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 2. If you have any questions concerning this Notice, you should contact your attorney. 3. The time and place of the Sheriffs Sale is June 7, 2006 at 10:00 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The sale is being held on Judgment entered in Orrstown Bank vs. Keith L. i Plasterer and Jamie L. Plasterer, docketed to 2003-2914 in the Court of Common Pleas of Cumberland County. 5. The names of the owner or reputed owner are Keith L. Plasterer and Jamie L. Plasterer. NOTICE OF SCHEDULING OF DISTRIBUTION 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, O'BRIEN, BARIC & SCHE R BY: DATE: 011'51101 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and conveyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, husband and wife. PARCEL NO. 38-05-0438-084 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2914 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From KEITH L. PLASTERER AND JAMIE L. PLASTERER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property 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 property of the defendant (s) or otherwise disposing thereof; (3) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $459,288.48 L.L. $.50 Interest FROM 1/9/06 TO 2/1/06 (PER DIEM OF $100.33) --- $2,307.59 Atty's Comm % Due Prothy $1.00 Atty Paid $132.21 SHERIFF'S SALE - $3,500.00 Other Costs ATTORNEY FEES THROUGH Plaintiff Paid Date: JANUARY 31, 2006 (Seal) Pr thonotary By: Deputy REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 Real Estate Sale # 23 On February 09, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 36 Kelly Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 09, 2006 By: i Real Estate Sergeant 90 ;b V Z- 933 4001 b of Viya da ,klNnoo G&V ja38wno J-4183NS 314140 301. 0 ,4 % THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#23 .......................... .................... Sworn to and subs be for ?e t)bif1P8th tiny nf y?.nnfi A I) NOTARIAL. SEAL Terry L. Russell, Notary public City of Harrisburg, Dauphin County My Com ission Expires June 6, 2006 ennsylvani s . Membe ciationofttariei My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 low YS K*i1M?tt.. RM?MI! ; r?nd,Ir?A?f?lf.. ANN Dir* teMric 010N ALL TWAMMM of pasxi Of b" Caadmiietd Cditaty, , boa9kd ad wed as h%wM * HdiC>t[MW its paittatthe Eadm side of 1fe11y Ileac at dw*widiwiiae bowaar LO SOL 15 ad 16 as Am euloasbdirWa pias of ids betewlikE Maim* "*MP"i ft-aw"n di* ime between Lots Nos. 15 ad 16 Neal 72 deg 53 miaaft M am* RK, 4 d'set wof 79956 5eet to Oder ?en.irI hsdt of W. and Gk" F Eft theam 4M said odw temairire? bw*dW:Wi*atKWft F K* the iolltta*4WOOoaeesand da>MMM (1) Hadar 17'deVm 6 Beres 29 secath ate t, a deataeoe af5lbfuecaa tpask'aedi?? 32depaes33 MW"31 Moab Weet;a+detereiofIW56ow to a pow ar In own side-af ate have fm araw" &OM 6NMe aaerg sand. Gaabm side of &d? Dawe, Sol& 17 degrees 6 miw*s,S secatds Fan, a disle/tee of M feet to a post on ffie same at 6e *YAW be betwtm era Nos:15 and 16 is ohm as he,wb8nWM ON of im laaeiaa6er>rrmlioted,*epteoeofBiSf$C1iaD - MW Lot No. 15 id'd v era oriuii pine of ices ettiied Flat S ias lint for Nape K*l Sexdae i *VA `?, * and M triad m die odice eC9="I BMWia n d ibt C=bMW Camay, I t is FM U& 1 11 THE SAME PREMISES whKh R40 A. Jaaaeseµ by hi atti=q-lift-fact LOWS J. AdK, Espiae aed,1 A. hmeaos, WubwA and wee, by Deed dared Nowetabor 22, i991,;aad recorded November 26,1991, in the Office of the Record of Deeds a and for Ctim1whad Co", pemiylrawa, s Dad Boots 35$, -Pale #57, et aeg:, LtaiM4darieagwaye?tat+tedfiab L.1?iareset and Jan M Mtnrkwifa PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 21 day of Aril, 2006 y,? r REAL ESTATE SALE NO. 23 Writ No. 2003-2914 Civil Orrstown Bank VS. Keith L. Plasterer and Jamie L. Plasterer Atty.: Dave Baric LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lot Nos. 15 and 16 as shown on the subdivi- sion plan of lots hereinafter men- tioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds West, a dis- tance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lot Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I, dated April 17, 1985 and recorded in the Office of the Re- corder Of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which RICHARD A. JAMESON by his attorney-in-fact LOUIS J. ADLER, ESQUIRE and MARGARET A. JAMESON, husband and wife, by Deed dated November 22, 1991, and recorded November 26, 1991, in the Office of the Record of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-K, Page 357, et seq., granted and con- veyed unto KEITH L. PLASTERER and JAMIE LEE PLASTERER, hus- band and wife. PARCEL NO. 38-05-0438-084. i ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 02914 CIVIL TERM MORTGAGE FORECLOSURE PRAECIPE TO WITHDRAW Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, uire I.D. No. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 PRAECIPE FOR ENTRY OF APPEARANCE TO THE CLERK: Please withdraw my appearance on behalf of the Plaintiff, Orrstown Bank, in the above-captioned matter. TO THE CLERK: Please enter my appearance on behalf of the Defendants, Keith L. Plasterer and Jamie L. Plasterer, in the above-captioned matter. Respectfully submitted, SPECTOR, GADON & ROSEN //??" `Grt?-e w- 5 V David M. Giles, Esquire I.D. No. 27477 Monica Mathews-Reynolds, Esquire I.D. No. 86616 1635 Market Street, 7th Floor Philadelphia, Pennsylvania 19103 (215) 241-8888 f ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2003- 02914 CIVIL TERM KEITH L. PLASTERER and JAMIE L. PLASTERER, MORTGAGE FORECLOSURE husband and wife 36 KELLY DRIVE CARLISLE, PA 17013 Defendants CERTIFICATE OF SERVICE I hereby certify that on April 2, 2007, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Withdraw and Praecipe for Entry of Appearance by first class U.S. mail, postage prepaid, to the party listed below, as follows: Anthony Tabasso, Esquire Klehr-Harrison 260 South Broad Street Philadelphia, Pennsylvania 19102 0,6) A.« David A. Baric, Esquire O _._., .. „ =,s? ? rii -- t ,. ' ? ?.. C;, r._ _ -? ? : , - f-?'s "? K:: ?? y j ^? ...ti ?..! SPECTOR GADON & ROSEN, P.C. By: DAVID M. GILES, ESQUIRE (Attorney I.D. No. 27477) MONICA MATHEWS-REYNOLDS, ESQUIRE (Attorney I.D. No. 86616) 1635 Market Street, 7th Floor Philadelphia, Pennsylvania 19103 (215) 241-8888 Attorneys for Plaintiff ORRSTOWN BANK 77 East King Street Shippensburg, PA 17257 Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 02914 CIVIL TERM vs. KEITH L. PLASTERER and JAMIE L. PLASTERER, husband and wife 36 Kelly Drive Carlisle, PA 17013 MORTGAGE FORECLOSURE Defendant. PRAECIPE TO MARK JUDGMENT TO THE USE OF PHILADELPHIA PRIVATE CAPITAL, LLC TO THE CLERK OF COURT: Kindly mark the judgment entered in the above-captioned matter, in favor of Orrstown Bank to the use of Philadelphia Private Capital, LLC with an address of 1760 Market Street, Suite 900, Philadelphia, Pennsylvania 19103. SPECTOR GADON & ROSEN, P.C. I(.t n By: 01. David M. Giles Monica Mathews-Reynolds Attorneys for Plaintiff Dated: March 30, 2007 341165-1 d ^r7 ! rY -c • r A 1a FIRST AMERICAN TITLE INSURANCE CO. TWO PENN CENTER PLAZA, SUITE 1910 PHILADELPHIA, PA 19102 413'13.x? SILVERANG & DONOHOE, LLC BY: Kevin J. Silverang, Esquire Kelly A. Donohoe, Esquire ksilverang@sanddlawyers.com kdonohoe@sanddlawyers.co' Attorney Identification Nos. 33173/ 89859 595 E. Lancaster Avenue, Suite 203 St. Davids, PA 19087 (610) 263-0115 ORRSTOWN BANK 77 East King Street Shippensburg, PA 17257 Attorneys for Assignee of Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. KEITH L. PLASTERER and JAMIE L. PLASTERER 36 Kelly Drive Carlisle, PA 17013 CASE NO. 2003-02914 MORTGAGE FORECLOSURE Defendants. PRAECIPE Kindly mark the above-captioned matter settled, discontinued and ended, with costs paid and judgment satisfied, with prejudice. Respectfully submitted, SlI.VERANG & DONOH , LLC .. BY: y L ?" a; KEVIN J. SIL NG, ESQUIRE <" rn r KELLY A. DON H ESQUIRE - ? -= Attorney ID Nos. 317 / 89859 ??_ u Attorneys for Assignee of Plaintiff, N Philadelphia Private Capital {00127275;1}