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HomeMy WebLinkAbout08-0589ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 539 CIVIL ACTION DENNIS G. DEITCH and CIVIL ACTION-LAW SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants 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 an 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6Y9 CIVIL ACTION CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. 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 are Dennis G. Deitch and Sharon L. Deitch, husband and wife, adult individuals who reside at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania. 3. By Deed acknowledged on September 26, 1972, Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Dennis G. Deitch and Sharon L. Deitch. This Deed was recorded in Cumberland County Deed Book "V", Volume 24, Page 253, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 136 Greason Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about June 1, 2006, Dennis G. Deitch and Sharon L. Deitch, 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 June 9, 2006, at Cumberland County Record Book 1954 Page 781, et seq., all of which pages are incorporated herein by reference and made a part hereof. 5. 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 have defaulted under the terms and conditions of the Mortgage and Note by failing to make payments due August 6, 2007, September 6, 2007, October 6, 2007 and November 6, 2007, December 6, 2007 and January 6, 2008. 7. Defendants are the present record owners of the premises described in Exhibit "A' and are the real owners of the premises. 8. Plaintiff served Notice of Plaintiff s Intention to Foreclose and Act 91 notice to the Defendants via certificate of mailing on or about October 11, 2007. 9. Attached hereto and marked Exhibit "D" are true and correct copies of the combined Notice of Intention to Foreclose and Act 91 Notice mailed to Defendants. 10. Attached hereto and marked Exhibit "E" is a true and correct copy of the certificate of mailing for the combined notice. 11. The original principal amount of the Mortgage was $132,800.00. 12. 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 the Mortgagee. 13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 14. The following amounts are presently due on the said Mortgage and Note calculated to January 10, 2008: Principal $133,900.35 Interest to 01/22/08 $ 3,602.53 (per diem $26.01) Late Charge $ 724.80 Reasonable attorneys fees $ 6,695.02 fixed by Plaintiff for purposes of this Complaint (5% of principal debt) TOTAL: $144,922.70 WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $144,922.70, plus interest thereafter at the contract per diem rate from January 22, 2008, and costs and expenses against the Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A". Respectfully submitted, Os EN, BART SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank da b.d it/orrstown ba n k/deitch/2008/complaint. pld 12/04/2007 14:34 7172495755 OBS PAGE 07 VERLFICA.TION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own, I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: la , S". d 7 Bets J. Smith, Collector Orrstown Bank 1 eggeeeti•:?hg! I 90"! ,it, . ess M ,v.s• tEcri MAM THS x tar y September in w we e/ sew bsrd ow Oouo ad stns Asadnd seventy-two (1972) 86rWSSM LESTER GERALD THUMKA and GAYLE RUTH THUNNA, his wile, of R. D. 4, Carlisle, Cumberland County, Pennsylvania, hereinafter called Gnstor, sed DENNIS G. DEITCH and SHARON L. DEITCH, his wife, or R. D. 1, Shippenaburg, Cumberland County, Pennsylvania,'hereinafter called Greets W1PNSS8ST11, &AW in ssuawatise of Thirty-Nine Hundred And no/100------- - -- - -------- (43,900.00)-- --- - ------DoNt" is Ased pd4 as rood wAsrW G 4nebr Amow1m10sd, tU nk Ivsabr s de Ansbp ron cad rM 4 tAe ssAi oesstN ; their heirs and assigns, as tenants by th entireties. ALL that certain tract of land situate in West Pennsborc Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. /21034 leidLng from Plainfield to Oreason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road IT-446; thence by other land of Lester Gerald Thuama and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East. 210 feet to a pin in the center line of L.R. 121034; thence by the center line-or said road, South 4 degrees 48 minutes West, 195 feet to the Place of Beginning; Contatni.g 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S.. „ dated September 8, 1972, a copy of which is attached hereto as a part of this deed. Ban subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. 121034, which latter line is 25 feet West or the existing center line of said road. Wsi 24n% 253 Exhibit ' "A" y l - t 0 $RING part of Tract No. 1 in the dead of Carl L. Shenk and i Mary Lea Shenk to Lester Gerald and Gayle Ruth Thumma, dated August 310t, 1967, and recorded In the Otflce of the Recorder or Deeds for Cumberland County in Deed Hook "N", Vol. 22, page 291. n w Q ij UXIN v -KIN . :i •`?.•w.ti::.:r'.s..ryap...i:.:s.:•...?::.u..........? ----w- _ - .?.._.r.... -?-:; scat)/ 24 i 254 AND Of MW OMNI a Aemby pveaaat sad 49eee the they wdt wow"t generally Ue p q.rlr hemby eoaveyed. ? ..................... .....:..f Cw"4. call Pa. ?i aw W.h 1-40 fu ...?• C,.. 060. C.d. Ad. ?? :` . .'eV i School Dist. Carob. Co . P. `i e04 M.4 f,..,1., f.. C..4 fw. ea., fwf. •.,I1+ r fN WIrMCSS WHSRSOF, said P+wfba have knma to eat their hamids a" 804 the Jay awd year iiml above wr ttm ..Al • /It.,D, inW .rl ? TE??UMM11 .?•??•••. fl. yr..?.ef .1 'a jt? yf? ... .. i; ?y,,....•-• ""'r?bl1Y?"'?t?"U?H 'PHUM'" ~„ -- .w:. W I v-- pu $tate of PENNSYLVANIA 1 Co aWy of CUMBERLAND Q on Chia, the c+[(/ gavel September .1172 . iw/am we. the scadereilaed e?tee?, >Hmoaatty apyoamd Lester Gerald Thumma and Gayle Ruth Thumma, his wife, Asews to me (o? eatteJaetefity P+ewe) to N the peresws whose wame s are sebsmi8d to the ate" ifttwneat, 4" amhowkQed &W they eaaaeed some far the pw7oeee 04rofa t o?,'•• 71V?,1Y[f4Jas WNSRSOI', f heresato set sad and a?tetat east. vooa a dr +ur roax NY CWAMWM tx?mufty. ? rilb e/ ome". I • 10 Aemby onto, $W the ymwise residea?ae a" eopoete Pw+i sate address of the I"ia sand preateas is s September CPO `. 1872 6a;C Ateorrey for ..GS•.e.Plttea. sooi V 24AW 255 DEC-04-2007 TUE 05:01 PM IOM K1% S1 ^37115309304 P, - 001 PROMISSORY NOTE References in the shaded area are for Lender's use only end "do not limit the applicability of this document to'any particular loan or item. Any Item above containing has been omitted due to text length limhatlone. Borrower: Dennis G Deitch ISSN; 194.42.9752) Lender: ORRSTOWN BANK Sharon L Deitch (SSN: 176-40-6353) KING STREET OFFICE 136 Greason Rd . 77 EAST KING STREET Carlisle, PA 17013-9469 P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $132,800.00 pate of Note: Jung 1, 2006 Maturity Date: June 8, 2039 PROMISE TO PAY. I ("Borrower"1 jointly and severally promise to pay to ORRETOWN BANK ("Lander"), or order, in lawful money of the United States of America, the principal amount of One Hundred Thirty-two Thousand Eight Hundred & 00/100 Dollars (6132,800.001, together with interest on the unpaid principal balance from June S. 2006, until paid in full. PAYMENT. Sub)aet to any payment than gas resulting from changes In the Index, I will pay this loan In accordance with the following payment schedule: 84 monthly consecutive principal and interest payments In the Initial amount of 6906.93 each, beginning July 6, 2008, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.250% per annum; and 276 monthly consecutive principal and Interest payments in the initial amount of $934.81 oath, beginning July 8, 2013, with interest calculated -on the unpaid principal balances at an interest rate based on the weekly average yield on U$ Treasury Securities adjusted to a constant maturity of one year (currently 4.860%). plus a margin of 2.750 percentage points. the sum rounded to the nearest 0.125, resulting In an Initial interest rate of 7.626%. My flnei payment will be due on Juno 6, 2036 and will be for all principal and accrued interest not yet paid, together with any other unpaid amounta under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Nato is computed on a 30/360 simple Interest basis; that Is, with the exception of add days In the first payment period, monthly Interest is calculated by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outatanding principal balance, multiplied by a month of 30 days. Interest for the odd days Is calculated on the basis of the actual days to the next full month and a 360-day year. i will pay Lender at Lender's address shown above or at such other place on Lander may designate In writing. VARIABLE INTEREST RATE. For the first 84 payments, the Interest rate on this loan will be 7.25096. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the weekly average yield on US Treasury 86curltlas adjusted to a constant maturity of one year (the "Index"). The index is not necessarily the lowest rate charged by Lander on Its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current index rate upon my request. The Interest rate change will not occur more often than each year. I understand that Lender may make loans based on other rates as well. The index currently Is 4.850% par annum. The interest rate or rates to be applled to the unpaid principal balance during this Note will be the rate or rates set forth herein In the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the Interest rate for each eubsequent payment stream will be effective Be of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more then the lesser of 13.250% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum Increase or decrease In the Interest rate at any one time on this loan will not exceed 2.000 percentage points. Unless waived by Lender, any increase In the Interest rate will increase the amounts of my payments. PREPAYMENT. 1 agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or Be a result of defauW, except as otherwise required by law. Except for the foregoing, 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, early payments will reduce the principal balance due and may result in my making. fewer payments.. I agree not to send, Lender payments marked "paid In full", "without recourse", or similar language. If i send such a payment, Lander may accept It without losing any of Lender's rights under this Now and I will remain obligated to pay any further. amount owed to Lander. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full eatlefaction of a disputed amount most be. mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment Is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the Interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default, If judgment is entered In connoction with this Note, Interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest Tate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will be In default under this Note If any of the following happen: Payment Default. I fail to make any payment when duo under this Note. Break Other Promises. i break any promise made to Lender or fall to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan t have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes 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. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This Includes taking of, garnishing of or levying on my accounts with Lander. However, if I dispute in good faith whether the claim on which the taking of the property Is based Is valid or reasonable, and It I give Lender written notice of the claim and furnish Lander with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective CollateraGxation. This Note or any of the related documents ceases to be In full force and effect (Including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Exhibit "B" DEC-04-2001 TUE 05:01 PM ONTOPRJK1%S1 27175309304 P- 002 PROMISSORY NOTE Loan No: 1300005767 (Continued) Page 2 Collateral Damage or Love. Any collateral saeuring this Note Is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. In the event of a death, Lander, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Inaecurity. Lender In good faith believes Itself Insecure. Cure Provisions. 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 eurad If 1, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (16) 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 under this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone also to help collect this Note if I do not pay. I will pay Lander that amount. This includes, subject to any limits under applicable law, Lander's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, l also will pay any court costs, In addition to all other sums provided by law. JURY WAIVER. Lander and l hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lander in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone also and all accounts i may open In the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law, I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated June 1,.2005, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and In the Agreement to Provide insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall Inure to the benefit of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate Information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccurscy(ies) should be sent to us at the following address: ORRSTOWN BANK, KING STREET OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17267. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rent of the Note. 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, and notice of dishonor. Upon any change In the terms of this Note, and unitise 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 Lander may renew or extend (repeatedly and foi 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 PROVISIONS. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE 18 GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: .a.• _ a .. ... 24.20. ;r w:::. .. «. f i1*i3 >xa•..1 1:: '3iVf iz" s ( Tl> t`u:;'s X ' .. ?`?s a,.",?k,txfSasl) X..;? +I^3ra:''s::(SeeJ) Dennis G aftch ? Sharon L Deitch WE?Mq tR+l+y.vy,;,it,pp.ep,Ca•,ww.e=..nev.:.ma., w,e. Amy. Ten. crnP""ew•.w...A .IcRn/AM;c VWL-22 M•!1 a 0, l& 7 ?c?ams P? bik FAQU rED BY: om i OWN NANK KONG STREET OFFICE 77 EAST RENO $Tf1EET P 0 SOX 250 SH1"" SMlRG, PA 17287 WHEN RECORDED MAIL TO: on111ATOWN SANK 77 EAST KNIO STREET P.O. SOX 250 SIRPPBIiatMG, PA 17257 Amount Seowred Hereby: 0132,800.00 : SERT ?. ZIP rR MORTGAGE THIS MOKrGAGE dated June 1. 2005. is tnatle timid exemASd bslwea 1 Dwda a Deitch and Shmatin L Deftch, whose address k 190 Gneeon Rd. Cmdkk. PA 17013 MM (left to WOW as "Orwdw*) and ORRSTOWN BANK, whose addn55 N 77 EAST Knish STREET. P O SOX 250. SHMPENSWRIS, PA 17257 (ra red to bdonlr • "Leader'), GRANT OF MORTGAGE. For votuehN marldaeiae. Gran - grants, bers", sett. conveys, ash, yerrfa., releases, oonrma end nwtgagss to Lander all of Orem mor title and Ir too in b • and to to s . eW andd real property, together with all adadng or subae0wM1Y streets, lanes, e(leye, pasapms. tlhand we", all sammia m , refits erehnm bebrging or s"-- of w Ihaeafesr, revaslerne and remainfiders esrato; aW weer, wasa rlglMS, watercourses and dash rlglhs (IndnaErhp aeolt In fMRMNe with rere remainders with and respect pect aot ti t ensrmea ditch or Irrigation rlghtm): and on other rights. royshles, and proles to the real Mskn 0 without Wmhation d mkw&, ono r geodsn,al and simtiar matters, (tin .1 '1a?y.) ? In C11111berfund County. Conwmwas tlt of ftmg*wde: see aaalllad The Reel property or Its address Is oommmttly known se 195 Gnason Rd. Corms, PA 17018-9458. Grantor presently assigns to Lander all of Grantor's right. title, and interest in and to as present and haws Ness of the Property and all bents from the Property. In addhlorh Grantor grans to Lander a Udfonn Com narclal Coda security Interes t In the Personal Property and Rants. TM MONTGAGI: ==ONO THE AaEw ff OF Me AND THE SECURITY MOSS, N THE 101 TS AND PERSONAL PROPERTY, a GIVER TO NOW (A) PAYM W OF THE SElERfE7NE5s ARID 151 PEB'G11EU11cE OF PMCPAL ANY ANOUNr OF MATED DOOALL MMI KI S. THIS IMORTTGGAG?Tt MORTGAGE 0 ACCEPTED GIVAND ON TM POI LOWN TAMS: arnou is secured by this Mortgage E ? beas odmwim provided in this 0.640m SW pay to Lander so PAYMENT catha des ad *W wic* perrt rm d of amnion's obEgaftm udaf this Mortgage. POSUBBM AND MANT86AHM OF THE PROPERTY. Grantor spree that Orenews possession and. us of the Property dud be governed by the following provisions: Paaeesabn and Use. UMI the occurrence of an Event of Default. Grantor may 111 rennin In possession and control of the Property: (21 use, operate or maneps the property: and (M coom the Rants from the property. Duty 10 ?' msGYharwhoe " necessary iary yt to pthe property In good reserve is vales.. condition and promptly perto?m eR ropaks• pleoew Co111410 ors With r,,,- rnsrhmal Lows. Gnitor represents and werrahs to Lander that It) During the period of GrehtOes owrwm* of the Property. there hem bean no use, generation, menuroct re, storage. treatrnent, dew". release or threatened release of env Hazardous Substance (2) OraMOt has no knowledge of, or reason began that dwe any has s been, on. under, about or from the exempt as previously dNcleaad P10 roperty ackrrwNdpmd by Lander In vvr la) any disposal. sah or violation or of smy Emkoismantell Laws, (b) meolmi release of any Hmrdous Su tanom under, bout or from stereps, tr treaanm . release on, ur+der about or nom the Property by arM PrN? cw^e?e or ooouOsrnte of the Property. or tc) any octet or any threatened litigation or claim of any kind by any panic, rok" to such n wows; and (3) Exoapt ea previously disclosed to and acknowledged by Larder In writing, W neither Orasor nor any meas. contractor, agent or Other autirrN.d user of the Property "use, goo 0, mwwhcwm. store, teat, dknpom of or relieves any Hazardous Substance on, under, about or from the Property: and W ant such saintly"be caducad N con ile nce with aW apptioce t. federN, mss, and local laws. mrAs* m and onlinernos, kskdnp without bnItetlon an Envkomrmal Laws. Grantor arMorleee Larder and ha esent@ to ~ upon the Property to make such krpeadom and Neu, at Gruftes rigors, as Lade may deem apP -0 to dseancnr compliance of ft Property with this section of the Mortgage. Any magma 6 or tees made by Lander shell be for Larder's Purposes only and doll not be oonevued to - any respemlE[Y or mabMty an the pat of Lads, W Grantor or to cry other person. The re presneslbm and warrerdes contained herakh we based on Grermes dum dYlgence In Investigating the Property rot Hazardous Subatancee. Grantor hereby (1) relmaese and waives any future A I again Lender for kdennhy or contribution In the e40M Granter brooms liable for dm%W or other costs under BK 1954PG0781 Exhibit "C" .. MORTGAGE (Continued) Pop 2 any such laws; and (s) apron to Indemnify and hold I . I I Lender against any and ON OWrns, losses, NeblMUes, dennnow, pandas, ad enpirws which Leander may d Mealy at frdkeody sustain or suffer r SWM trap a breach of tilt section of the Mortgage or as a __W_ of any use, W"ption, nusulaosm, storage. disposal, reloaoe or threatened reisese occurring prior to Orwmw'a ownanMp or interest In the Property. whadw or not the Same was or should hose been known to Grantor. The provisions of this cog, of the Mortgage, irabrding the obligation to Indemnify, shall survive the payment of the budabsedrsae and data sada%ctlon and raoonveyenoe of the son of dds Mortgage and shall not be dhcted by Larder's scit iltlon of any Interest in the Property, whether by foreclosure or otherwise. Nuba tea. Wawa. Grantor shall not case, conduct or pannit any nuisance nor oommft permit, or suffer any etrlppkg of or waste an or to the ProPaty Or any Porn Of the Property. Without lk dthg the g Y of the %ragoing, Grantor will not remove, or grant to any o11w PMY the right to remove, any timber, mbwrele (kokdbq ON and gas), coal, day, scoria, @ON, growl at rock products wkhM Lender's prim written consent- ft atoniel of knprovanaes. Grantor shah not dWnOkh or remove arty Improwmerm from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvem.nb, lender may r*Wlm Grams to make arrangements satisfactory to Lender to replace rich Improvements with Improvomernte of at least eguel value. Lender's RgM to Snow. Lender and Landw's agents and repnpnbdvas may enter upon the Real Property at all reasonable dmos to strand to Lender's Interests and to Inspect to Real property for purposes of Gronttor's oarupuahoo with the arms and conditions of this Mortgage. - weds Ooverr - - - Maludremsms. Grantor shell promptly comply with ON laws, ordinances, end regulations, now or hereafter in offset, of all governmental andnoritlos applicable to the use a oocupahcy of the property. Onntor may contset In good filth any such law. adhsnce, a regulation and whh hold compliance during any proceeding, InCkK tg appropriate appeals- ao long as Orent m has nod Launder In writing prior to doing so and so long as. in Lender's sole opinion. Larder's irg rents In the Property are not jeopardized. Lender may require Grantor to poet adequate sacurhy a • surety bond, rewanbly "*fact" to Larder. to protect Larder's ktlamast. Duty to Prasaot. Orestes agrees naltiw to abandon or leave unattended the Property. Grantoo? shell do ON other ace. in addd 4 to those acts set forth above in this esaton, which from the character and use of the Property are reosonsbiy necessary to pro Uat and preserve the Property. DUE ON SALE . CONTENT BY LENDER. Larder may, at Lender's option, declare IMMO ately dos and payable all suns secured by title mortgage upon the ask or transfer. without Under's prim written --I , of nd or any part of the Real property, or any letterset in the Real Property. A -sele or trades' means the conveyance of Real Property or any right. dde or irttwast In the ROW Property; whether legal, 1 111 W or equitable; whether v"kritay or Involur ary; whedW by outright tale, dead. kataWnant win oawoet, land Oorttra"t. contact for dead, leesshold Yttereet with a arm greeter than three (M yaare, leeseopdon contract. a by agile, eaalptrrant. or transfer at any l lobai ktaaeoa In or to any lard trust hcM Oft to the Real Property, or by any other nsdtod of conveyance of an Interest In the Real Property. Howsvw, title option shall not be eerclead by Lander if such exercise Is prohibited by federal low or by Pwwwylvanis low. MISS AND LIENS. The following provisions relating to the tares and liens on the Property are part Of title Mortgage: pop W,rt Grantor dW pay when due land In all events prior to dalkuquonoy) sal taxes, payroll taw, special tax", aeaseameme, water dwgas and sewer service charges levied agakwt or on account of the Property. and shall pay when due all dalma for work done an or for services reeWened Or'mNWW MIAMI ed to" property. Ora &r OWN mNnain the property frea of any Nara having pftft over or aqua) to the I term of Under under thlo Mortgage. sxoapt for those liana speonWely agreed to in wrift by Larndar, and except for due Nan of taxes and na"ennar+te not duo as father spsdlMd In the Right to Contest paragraph. RIM to Canaan. Grantor may withhold pa mo nt of any ax, aseaaanant, or claim In cornneetloo with a good faith dispute over the OW'- 'Ian to pay, ea long w Lender's Whereat In the PrapartV W net jsoperdlnd. M a Non arleas of is /Nod as • result of nonpayment. Grantor shall wIIhh WOW 415) days afar 1114 Nan arleos or, If a Nan Is filed, wi11dn Rhwrt (16) days MOarGra tw has snubs of the fNhW secure the discharge of the Nero or If regwaad by Lentder, dgxwk with Lardw anh a e autkiom oonpoeaa a;aty bond a odw eaculty wMOOtory to Uwww M an amount sufficient to discharge the Nan plus any ooeb and attorneys' fees, or odor charges date could acme se a result of a foreclosure or "le under the Nan. M any contest. Grantor Nall defend heeM and Lender and .hail satisfy any adverse judgment before enfaansnt a- * do Properly. Grantor shall time Lender n an additional obNgoo under any arety bond fumlehod in the contest proceedings. t vidree of paynmtt Grantor shag upon demand furnish to Lander satisfactory evidence of payment of the texas or assessment, and shelf Wd orin the Wmprlea govarrxr14nal of11eW to deliver to Larder at any time a written aaanntant of the tern and assessm ent@ against On PfOpefty. Notlee of Consisuadon. Grantor shall notify Lender at Nast fifteen (161 days before any work is comaerced, any aawloee we fuNahed, or any materials are supplied to to Property. R any madunis's ion, nwhilish re's Nan, a Odter Ilan could be aseriad on account of the work, services, at meeriala. Grantor wig upon request of Lender furnish to Lender advance s"ursnas satisfactory to Larder that Grantor an and will pay the cost of such Improvements. PROpilim DAMAGE MURANCE. The following provisions rsisting to Insuring tna Property are a part of this Mortgage Makeumm of Hhetrartoe. Grantor shall procure and maintain policies of fire k14urernos with standard extended coverage imolionswnemis on a replacement basis for the full Insurable value covering ON Improvement@ on the Real Property In an amarrt sufficient to wont epPNasibn of AMY Oaln1411 an 1 OWL", and veldt • standard mortgagee deem in favor of Lander. pad" OWN be written by such Nwance oormpa I and In such form as may be reasonably acceptable to Lender. Grantor shelf dAwr to Lender oartlNosns of coverage from each kwurer cantaktkno a stlpuistien that ooverage wall not be cancelled or diminished without a ndnkramm of ton (10) days' prior wrf si, lotic to Lender end not oontekning any dedalner of On kwuer's $aWNty for floe to On such notice. Each bwurauea pWV aloe shall include an O doroatwR provldkg that coverage In favor of Lander will not be knpWMd in any way by any ate, omloslon or d~ of Grantor or any other pesos. Should the Real Property be bested in an area daslgr14ad by the Director of the Federal F.nWosroy Maraow"M Agency se • special flood heated area. Grantor gores toobaln and mekttaln Federal Flood 1111-01 -9, k wslfsble, WNMn 46 days afar notice Is given by' -1 A er that the property Is loomed in a special good heard are", for the full unpeld 5 r1 *1 balance of the born and any plow Na14 on the property Puri ng tie ban. up to the maximum policy Wnib set urdw the Netbrtai Flood Insurance Program, or as otherwise required by Lads, and to maintain such InOwence for the term of the ben. Applfodah of Proceeds. Grantor "N promptly notify Lender of any low or damage to the Property. Lender may BK 1954P60782 MORTGAGE Pap. 3 (Continued) snake proof of Was If Grantor fills to do so wiftn Inks IM days of she casuraRY• N not-Larder's security ls impaired, Lander tray, at larder's election, OoslOa and reteie the poesads Of any insurance and apply the proceeds W do, reduction of the Imdsbtednses, peYm sm Of ON Nan ifNodi the Ptop?tty. or to restoration and rpdr, of the Ptoperty. If Loader akiab to apply the P?? to ewto rtlbm toll npak. Ormtor shah fop* a wplim the damagsd or dastroysd knprovwnana In a mennr todefaolmV to Lander. LadW ahaN, upon satisfactory proof of such agtandbre, pay or rekrAm_ GreMN from the V"Wft ? not been disburtseodf repair or raatoratbn it Grantor is not in default under this M' 1111 - . Any proeaeAe ~for within 180 days after their (90W and which Larder has not corn fitted to the repair or ay e"MI Ineeraat. ON shall be used hest to pay any amount OWIq to Lender under this MWWV. Own M to tan pa ar aholdle ccrued any proseean afar remainder. If any. shall be applied to the Vincipd balance of the l debtedmea• payment In full of the kndebtedneu, such Proceeds deli be paid to Grantor as an"" a bntrOeta may mppeer. Lpilli .8 WMIDITuns. if Grantor falls W to keep the PrOPerty tree or ON taros., Nan, asarity I tersets. encumbrances, and other claims, IB) to provide all required hrrrwm on the Property, Or 4C) to mall repair* to the Property than tender may do so. If any action or proceeding is commenced that would mauddlY affect Lender's interests in the property, then Lender on Grantor's behalf may, but Is not required W. UM any A, that Lander for such purposes will belkrvss to be appropriate to protect Lender's Interests. AN a10 - - kwmad or paid by Lander than bear Inaraft at the rate dergsd ceder the Noa from the da% Incurred N paid by Lander to the date Of Opayrmer+t by Grantor. AN Koch expels" will baaome a part of the indebtedness and, at L ~s oPdon. wM W be POW1319 On any Inteanwn demand: (B) be added to the baMnos of the Note and be apportionedk among ?and be ? or pa"ble with Ins rawW In I" of payments to become due during either (1) the tw of any ? ? payable a the MM'e maturity. The Mortgage PeYy treated of ti a time baNo payment which for in thla paragraph shell be In eddill, to any Otw Woo the we secure Noe: C) be any w rWer amounts. may The rights provid ed rights or any rarruadlse to chitin Larder may be on esoo y rof emedy all that it ?? such would _ hen hod. Grantor's by Lwdw 8W not be oonatred M curing the default a0 as to bar Lander ltomarmyr obligation to L tai der for aN such expenses shell arviw the entry of any ncrWW fW1OIO a Judgment. WAIMMM; DW'N M OF TITLE. The fONowkV provblons MWM to Ow--* of the Property we • part of this Mortoags: title ide. Grantor werraw that: (a) Grantor holds good and marketable tide of record 10 the Property In T Ir fee ? free and dear of all ilea and snoxnbrw- otw than those set forth In to Real fhoperty duadpMa connection policy, did report. or Anal tide eot. over and to ssnd d0wr this Mortgage to with u with Male Mortgage, and Ib) Grantor has the funi right. power. . and vAKnlty o exam" Lander. Dallas of TWO. Sub{ect to the a wWdon In the paragraph rove, Grantor wars and will SWOON defend the this to the Property agaket the Iswhi ddm of oil parsers. In the event any aatlon Or WOOMdlaN IS oommanosd that questions orwric 's this or the interest of Larder under this Mor%Ms. Grantor 811011 ds1 one action at orau @ axpww. Grantor may be the nominr party in rich pOOaedkhg, but Larder shell be w~ to participate In the prooeadhg and to be represented M the prooasdkng by Oow of Lender's own anode, and arartor will deliver, or cause to be delivered, to Lander such MMWWna es Lander may request from time to time to permit such pwddped-. C. ON arts. While laws. Grantor wwrwo that the Property and Grantor's use of the Property complies with all existing applicable tows, ordinances. and regulations of govern rntr vJdmtdes. I,w*M of Prondeas AN.promfoos, aprOMrrnte, and sum-ft Grantor has. made In this hbrt"Ne ahri survive the execution and delivery of this Mortgage, shall be ODI th Uing In nature and shat remain in full form and effect until such time as Grantoe's Indebtedness IS Paid M full. CONCillill"TION. The following provisions Feigning to condemnation proceedings are a part of ids Mwtgage: Pre*@~. M any proceeding In condemmston is filed. Grantor shell promptly notify Landis In writing, and Grsmor shell prornp* aka such saps as may be necessary to dNad the aalon and obtain to award. Grantor may be on nominal party In such proceeding. but Lender slnail be an m to partldpato in the proceeding and to be represented Llnsth, proceeding by cour" trwn and c r*M n? its aso Lander may wasted Larder from tine time to permit such pNtciparion. AppNon0on of Not Proo.ada. M all or any part of the property is condemned by eminent domain procaedkW or by any proceeding or purrchasa in Neu of oondemnwlon, Lernder may nits election require dwt ON Or any POI 00 Of tat net proceeds of the award be appMd to the Indabsedness or the repair or Oetorotion of the Property. The net proceeds of the award rail mean, the award afar payment of all actual cow, expenses, and attoeneya' fees incurred by Lender in connection with the condemnation. NNPOSMopi OF TAX". FM AND CHARGE BY GOYOMM WAL AUTNOWNSID. The following provirorr relatng to governmentd taxes, fees and dirges are a pert Of Oft Mortgage: Current Taaaa. Peas sd Cluryse. Upon request by Lander. Grantor MW execute such documents In addition to thisMortgage ad take whoeverother action ls ra1111 M Lrder to perle-t end ooMbxr l,~a ion on the Real property. Grantor shell reimburse Lander for aN taxse, as dasaribed brow. wpdm with ell expenses krarred in reoordng, pw%G* p or oon*Aft this MorfgaW, I Okadkng without limitation d taxes, fees, documentary swnps, and other dwo" for NOW&q Or ngleerkng this Mortgage. Taxes. The following shalt Contents tars to which this section app/se: 41) a specific tax upon this type of Mortgage or upon toil or any pat of to Indebtedness assured by tie Morlgap: (2) a sp Aft: tax on Grantor which Grantor is authorised or required to deduct from Paynenta On the Indebtedness secured by this two of Mortgage: (3) a tax on this type of Mortgage chargeable spinet the Larder a the holder of the Noe: and M a specific tax on ell or any portion of the Indebtedness or on payments of principal and herait made by Grenar. gulegwaat Tease. # any tax to which this section applies in enacted subsequent to the deft of this Mortgage, this event rail have the sane afact as an Evert of Dafsult, and Lender may exercise any or all of its avei" renedlss for an Event of Defeuk se provided below unless Grantor alter (1) pays the tax bohn it beoomse ddrqmvL or (2) contem to tax as provided a in the Taxes and Lions section cash or a and deposits iufNclet corporate surety bond or other security satisfactory a Lwd-. with Lander $ECLMTY AGI T; Pg1AMCg1G INTATBNNNTg. The fbkwkp provlskxr relating tO this Mortpege se • seaerlty agreement are a pert of this Mortgage: Security This, instrument constitute a curity Aoreeme to the OW the Property owrtanas fixtures, and Larder snail haw all of of aecurad partYMUrder the Uniform OCommercid Code as sernded from time to tiro. Security krerest. Upon request by Leda, Grantor shall take whatever action is roqueeW by Lander to perfect BK t 954PG0783 MORTGAGE (Con*wed) Pop a and oDntlous LN1dsr'. saosrky Inareat In the P1reael.Propaty. In addition to raootdb this Mortgage in the real property meads, Launder may, ore any time and WWWA further wMrorkedon from Grantor, file executed counterparts, copies or pProd.uctio a of this Mortgegs N a Ileawlq stro morK. Grantor shsM roknburee Lander for all expenses -Inourrad In perlactkrg or oonWfaing this @said y Irtenaat Upon dsfa lt, Grantor shell not remove, ewer or detach the Pereael property from on Property. Upon "auk Grantor ante aasans.. any Personal Property not oflbad to the Property In a marww and at a pea reasonably convenient to Grantor and Lender and make it WoMis to Lander within these 13) days afar reoelpt of written demand from Lander to the extant pwnnittad by appMabis taw. Addeeae. The I *I% addressee of Grantor (debtor) and Larder lasoued party) from which information concerning to ee stood on the Arst by pop of this this 14" 4 Mortpey be obtained (each as rags r by the Uniform Co I Coul FURTf1111I AEwIRAMM; ADDITUMAL AUTH0111YATIM. The f ftwinp WwAglahs misting to further assurances and additional outlaAnaft we a part of this Mortgage: FuStar Aaaaaasto. At any tirnne.-and from time to dme, upon request of Lander, Grantor will make. execute and deter, or will cum to be made. executed at delivarad, to Lads or to Lender's designee, and sultan raqussad by Lander, cures to be filed, fanefded, rallied. or rerecorded. as the case may be, at such tbnss and in such oRloss and Pb- ore Lsfr I may dsm OF 10 ' s, any and d such mortgages. dads of trust, security deeds, security agreements, flwwklg statements, oomdma ion statsm ante. Y aeurn o of ferthar aaatsreraa, certificates, and other docunente as may. In the sole opinion of Larder, be necessary or dsaI Id In order to of ecru a, oomplots, Related Documents. and 12) the Mons (and security I te, to created by this Mortga? this 1 1, to - form and y and N ens ae on the contrary Lander all m and In writing. 0 mom shag rah bui for costs ad p a -1 by low or, arder press the d connection with h the expenses I+osrn M matters rate ad to in this paragraph. Additional AuharlsSae. It Grantor tells to do any of to things referred to in the prsadkng paragraph, Lynda may do so for and In the name of Grantor and at Grantor's expsrse. For such purposes. Gninew hereby Irrevocably suMmItoo Larder to make, eacute, deliver, file, record and do all other things as may be necessary or desirable, In Larder's sole opinion. to aocw*W to mortars WonW to in the proosdkng paragraph, it is uWastood that nothing aft forth herein shall require Lander to take any such actions. FULL PONWA ANCE. If Grantor pays am the Indebtedness when der, and otherwise perforce all the obggaflce Imposed upon Grantor under this Mortgage. Leda shall execute and deliver to 0remtot a suitable satisfaction of this Mongps and suitable staamemo of termination of any flnwwhng team w. on file evidencing Larder's security Interau In the Rants and the Pareofal Property. Grantor will pay. if pa nitad by applicable low. any reasonable termination fee as daarm' by tender from time to time. EVENTS OF DEFAULT. At Lander's option, Grantor will be In default under this Mortppa M any of the following happen: Payment Default. Grantor fob to make any payment when der under the Indebtedness. Defauk on Oder Polarox Failure of Grantor within the time required by this Mortgage to make any payment for taxis or Insurance, or any other payment necessary to prevent fling of Of to efleof discharge of any Man. Brook Other Promises. Grantor breaks any promise made to Lander or fats to perform promptly at the time and strictly In the mi mer provided in this Mortgage or in any agreement related to this Mortgage. Falls Stat.asahle. Any representation or statement made or furnished to Lander by Grantor or on Grantor's behalf under ttds Mortgage or the Related Documerns Is few or misleading In ansy rneterial respect, either now or at the time made or hsNded. Defasttve ColoWaft0m. This Morgps or any of the Raised Docanents ceases to be In full fora and affect (Including failure of any collateral document to create a wild and perhoted security Interest or Men) at any tine and for any reason. Deals er IraalYM - The deathof Grantor, the keolve" of (Irantor. the appointment of s receiver for any part of Grantor's property. any assignment for the benefit of creditors, cry type of creditor workout. or the connwnawansm of any procaadIng under arty bankruptcy or kwohraey laws by or against 0rantor.- Taking of the Foaparty. Any creditor or governmental agency tries to take any of the Property or any other of Gromor's property In which Lender has a Men. This Iscl des taking of, garnishing of or Wvyltg an Gaiter's accounts with Lander. However, lf Grantor disputes In good falth whether On dekn on which the akkp of the Property Is based le valid or reasonable, and If Grantor pies Inn I written notice of the claim and furnishes Lander with monies or a suety bond satisfactory to Lander to satisfy the claim, then No default provision will not apply. breach of Other Agreement. Any breach by Grantor under the arms of any otter praenWK between Grantor and Lander that Is not rem*" within say grace peeked W-WW t ereln, I Axll rag widwa limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lander, whetter eA 01 now or leer. Ewarrts Afleettng Ohara ser. Any of the preoedlnq events occurs with respect to arty guarantor, endorser, surety. or accommodation party of any of the kdsbUKb'WU or cry guarantor. endorser. warty. or acoorreradstion pang dies or becomes Incompetent. or revokes or disputes the vaNdky of, or liability under, any Guaranty of the Idabadrwu. In the event of a death, Lander, at ft option, may, but shell not be raqukW to, permit the guaronwes elate to assume uncoMitlorelly the obllgadore arising under to guaranty In a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Hnafty. Larder In good left believes Itself Insecure. R ON Is Care. If any default, other than a default In payment Is curable and If Grantor two not been gives a notice of a breach of the awns provision of thin Mortgage within the F , di twelve 0 2) mondhs, it may be axed if Grantor, after rwWvh written notice from Lander demandYp cure of such default: (1) cures the default within fifteen (15) do". or 12) If the am requires more than fifteen 115) days. Immediately wtMaw steps which Lander tisane in Lars I 'a sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary sups sufficient to produce compliance as soon as mosonabfy practical. RlO1111 AND I I If I ON DEFAULT. Upon the occurrence of an Event of Default and at any *no thereafter, Lender, at Lender's option, may exercise any ore or more of the following rights and namedn, M addition to any other Aghts or raredlss Provided by law: wacawaa Molasses". Lander shall have the AqM at Its option. attar giving such nodoes as required by appMcabN lew, to declare the entire Indebtedness Immediately due and payable. BK r 954PGO784 MORTGAGE Paps 5 (ContMwd) to all or any W of tie Prnora) Property. Undo " hew d tie rights and IMrrre?aa. With !asP UOC: under thO Uniform Commarclel Code. nmedMi of . secured party of the Property C~ Rams. Under shall have the dOv- without notice to Grant, to tale .cads ? and shows LaddeAnd r's collaot the Rena. Including amoume past due and WOW- and OPPly the net Pr0° ? or otfw user of the omen, agaket the Indsbadnsu. In h~111" of 00 right. Under mey require suer property to make PAYtmwnta of rwM « use fees directly to Lerxbr. N tha RAMS M ooMoe.d by UWAW, then Lormole resolved in payment the»of In the name of *04" aNmoriua Under to alone Psynrnte by tanafrte Of otlw u.ers to Under In Map- to and io rm.W ft- tie -an* and osbct the proceeds' ere made, whatiw of =1 all Pspsr grounds I~$ de demand ssd* der obvW*ns which do Pof"W for its rights under " abpArapraph Ntlra In Person, by agent, or e,d through a race"r' to tab possession of d or any tart of x ROWkW. thLander thell e the and npn m hasemsve . the rel"PaOelver tY, to appointed "Woos. p? 11100091111V forsolosours of AD- the coat of the the Property, with POwW W sale. and to collect the RwWW from tits PMWtV b ad apply the Ptooo, law. Undar's right the bvMbto**W, The fog*" may sera a 8PP bond if ur of the by r the to time receivership. against d a naivar AIwN exist whahr or not the APPSrsrK v.k of on from m exceeds serving q as a IrdebtedrusAa by s aubaaMlsi .rnmots+t. Employment by Urdw sits. not ft*w* s person rec.Iver. decree foreclo," Grentor's Ittanset M ON « any Part of the judicial Foredsous. Larder may obtain a h Property. qla. If pwmkted by applicable bur, Under may foreclose Orantsr's Imereot in an or M any Dart Of Parsonoi PropwW or the Rest Property by non hrdiclsl lab* due to for deficiency forneInIng peRelrry Judgment. Under may obtain a pid amen any M the hudabadruess section. Lander afar appfbsdon of ON anotrds received from the sxerol" of the rights proud in Ols is sell as pow attar the prOpety Tenancy at Sutio tmg. if Grantor remairw In POalseNoru of the Property default Of On.Mw, Gron eon shell abow or Under Otherwise possession of ft. PraPettY uPert r anent at outterance Lander the purchaser of tha PrOPaty and shell, at Undoes option, n• beoornO aldw lot psi • reasonable rural for tie use of the PrOFsrty, or (2) v.eat, the property Yrume"ve1Y Won On demand Lander' In this MwtgagO or the NOW or avelNble Odor fbnraMs. Under when to" d other rights and rernedlea ProvldW $ Weer «in equity. Permitted by sPPbsds low, Granter lmsby "Was any and ON right to have g property ab of the togatilhwr or se pynwsh V. d. tie .x of remedial. Under shall be free W sell all or any Pat of ft the property er or sopwain telyex. in one res eIC1 in sell o or r b b rights y s-p ?arete sales. Under *W be andded to bid at any public sale on d or any portion of ft Property. the Personal Hailers, of grb. Under will g" Grantor raesonabls noti,e of the time and pia,e of any public tan.Ib of roPthe Is be property or of the time attar which emir Private sob or oiler ne? glare P Iwt ten be made. Unless otherwise required by applicable low. re.eaeblA notion 0@11 mean be med. N at least un with days before the time of the ssis or disposition. Any alb of do Personal Property may any sob of the Red Property. Election of Rameraas. All of Undoes rights and romedles will be mmubi" and may be awrcbsd scone or together. An election by Under to choose any one remedy will not bar Launder from using arty other remedy. ' if to matey or to Ps?m any of Grantor's obligations under d1M Mortgage. Larder d.aofso Opal failure to de se, that decision by Under will not Nte« Lender's right to declare Grantor In d~ and to exercise Ind*anwdies' of tie mane of this irlOrtgsgs• Atierreys' Fees: Fapone". N Lander InatltuMe any auk « action to enforce any lees at trial and LwxW shd be wWded to reovier such sum as the court may ad(udge nss«l isle as attaim"' prohibited upon any appeal. yMWw or not any court action is involved, and to the eat not}ar pro by low, he reasonable expenses Under loo's- that in Londses opinion we necessary any ktterest or ft erdorosmeM of Its rights Nell lea- a part of the Indsbabfass p -at'- on demand and shall boar pareproO Include. ? interest at the NOW rata from the data of the expenditure until repaid. 6y..nen oovred bye whhout limitation, however subloct to any Nmke under applicable low, r bow s oll expowes, whether or not then Is • Iawouk. IncWWV attorneys' f and ef pesF?tldplrMrt W"Idbup efforts to modify or vecan any wtomadc say or IrNmtodonl, appeals Forooloanticipated repwa). slrfeYoss' coNectloh eer lose, the cost of searching re,Ord i. obtaining this reports 1Maewau Ise. sul M Oleo will pay any reports, and spprabsi fees and this Irmsence, to the extend W~ by aPDNssbts Grantor court costs. In addition to all admen flume provided by low. be given under this Morlgega stet be MOTH=. Unless otherwise provided by applicable low, any notice n4uked to given in writing, and shell be sited" when actually ddvered, when actually ne,Nwed by tabfsoehde (rrmlaa otherwise required by law), when deposited with a nationally recoWd-C! Overnight courier. or, If mailed, when dsPosked In tit United Staler mall, a first class, certified or registered mail postage Prspsb• directed to the ddnOeas shown now the beginning of this Mortgage. AN copies of rtollcas of foreclosure from tie hoWN of any amen wl Pahas ss r+W Any over this Mortgage shall be ham to Undoes address. as shown nor tlw beginning written of thie roMn to ft other rson or charge his or her address for r,dcae under this Mortgage by giving persons. speolyinN that the purpose of the noel,- is to change the Persformol on's address. For notise purposes. Grantor awe" to loop Under kdormed at d fines of Grontoes current address. Unless Otherwise Provided by applicable low, If there to more than one Gramor, any notice gives by Lander to any Grafftf 10 deansd to be nrtl, given to ON Grantors. k willbe Granter's resporegfNtY to all tie others of the ratios from Under. this ADJUSTABLE RATE is exhibit. VIM I the A pwislons, temp and conditions of the Exhibit had boom fully . An reference is made, o part at of of this Mortgage pm het as set forth In this Mortgage. Meg OUB PIIOVMNS. The tonowing miscellaneous provisions are • Part of Oft Mortgage: Amso . rra. What Is written in this Mortgage and M the Related eDo=Twft ffective. Iany s a"? wn to this this Mortgage. To be ?rtamust betiin wrmatters covered iting and must be signed by whoever will be bound or obligated by the change or amendnem. Oaptlon Neaanuge. Caption headings in this Mongolia are for cakes once purposes only and we not to be used to Interpret or dellw the provisions of this Mortgage. BK 1954PGO785 MORTGAGE (Coftdnwd) Paw 9 Gaseralne Law.. This Mars11aga will be ou - M tedard law gpoa le ss Lender arrd, to the exams not p- W- by federal lac, the laws of the Commer ved1h of Panaallwalla wMrot regard to he songless of law precrlaierue. This Mortgage has been soospad by Lender In de Co romwa..Mh of pen asyllsnds. Joint and fistlsrsI Liability. Ara obligations of Grantor under this Moragape char be pint and several, and ter references to Gnaw shall now each and every Grantor. This moors that each Grantor signing below Is responsible for all obligations in this Mortgage. Me Waiver by Larder. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lander does es In writing. The fact that Lender delM or os d to o wdas any right will not man that Under hot given up that right. If Larder does agree In writing to give up one of larder's rights. thst dos not moon Grantor will not hews to oomply with the other provisions of this MaMags. Grantor oleo understa d@ that if . . does consent to a request, that does not mean that Or-- lot will not have to gat Larder's eomem again if de Whra0on happens sonln. Grantor further uderstand$ that W because Under oorsennts to one or more of Grantor's requests, that does not rnsen Lander will be required to on . to any o of Grantor's future requests. Granter wolves proosetnsnt, demand for payment, prows tewab¦ty. It a court ends that any provision of this Mortgage Is not valid or should not be enforced, that fact by itself will not mum that the rest of this Mortgage will not be valid or ardorad. Therefore, a court will enforce the rest of the povisions of this Mortgage even If a provision of this Mortgage may be foul to be Iward or unenforceable. ill to . Thera Mail be no merger of the honest or estate crated by this Mortgage with any odor Intsnst or estate in the Property at any time held by or for the benefit of Lander In any capacity, without the written consent of Under. SUMra?ntatiInterests. The torm of this ves, successors, and assigns, ? presa andd"be onfo?oeble Lender and its successors and assigns. Tire Is of on Is saer I Tins Is of the essence In the performwnoa of this Mortgage. DEPNNTWW. The following words "I have the following meardnpe where used In this Mortgage: 9ernmer. The word 'Borrower' mans barrels G Del" and Sharon L Deitch and Irckdse all co-signers and oo-mekora signing the Nob and all their sucoeaaors and assigns. irusbanawrlal Lave. The words 'Environmental Laws' moon any and all state, federal and local statuoa, mouladons and ordinances misting so the protection of hunen health or the anvironnem. Including without Smitation the ComprahansHe Envkanorfal Response, Comparesn, and UsbWty Act of 1080, as amanded, 42 U.S.C. Section 9501, at seq. ('CERCLA'), the Superfund Arnandmer" and RessAhorkedon Act of 1588. Pub. L. No. 99-4119 ('SARA'!, the Harmus Materials Transportation Act. 49 U.S.C. Section 1801, at seq., to Resource Conservation and Recovery Act, 42 U.S.C. Section 5901, at seq., or other applicable state or federal laws, rules, orregulations adopted pnrsuent tioreto. Evert of Defardt. The words'Evat of Default' mean any of the everts of default set ford in this Mortgage in the eventsof default section of title Mortgage. Grantor. The word 'Groner' means Dennis G Deitch and Sharon L Deitch. Quemoy. The word 'Guwamy' rates the guaony from gusrafor, endorser. surety, or socommodation party to Lender, Including without Ilnltarlon a guaranty of all or part of the Note. lbcaardets 9ubsona10es. The words 'Hazardous Substances' moan maraisle that, becew of their quantity. coroentradon or plnyslesl. oh r" or Ifectlote characteristics, may carve or pose a Pre'arn or potential hatord to lranen health or the awlarrernt when Improperly used. treated, stored. disposed of, generated. rasnvfsctured. am sported or otherwise handed. The worm "Hazardous Substances' are used in their very broadest sense and Include without Ifni- tien any and ter hazardous or toxic substances, materials or waste as tidied by or read under the Dwirorrnamai Laws. The arm 'Haarmts Substances' oleo Includes, without limitation. pstroleu n and petroleum by-products or array fraction thereof and asbestos. m The word 9mprowanb' freers of existing and futon Improvements. buildings, structures, nab afRxad on the Real Property, fecNes, additions, roplassmants and other construction on the Real property. bldsYbdnueee. The word ' Indebtadness' mans all principal, ItereaL and other amounts, cats and expenses payable under the Noe or Related Docurams, together with all renewals of, exleruebns of, madl5catlons of, onsolidedo s of and subs tutlons for the Noe or klp{xn to an r t o w enforce ornounts Gra?MOrv0 obligations or ae under y Under to died" Grantor's obligations exposes this Mortgage, together with barest on such arounts as Fov(ded In thin Mortgage. my person or company that ac acquires any Interest In to w NoU. BAK, Its success and assigns. The word. "successors or Lender. " m?san word anions Moelpga. The word 'Mortgage- means this Mortgage between Grantor and Lender. Neb. The word 'Note' noon the promissory note dated Jus 1. 2005. 111 #W MOW pfNtolpd sinotint of $132.900.00 from Grantor to Lender, together with ter renewer of. extensions of, modlRo.nore of, ralinancings of. a 2096 of, TO OLsubaftfilone VI TOR: THE NOOTS CONTAM A VARIAKS NT NOW data of the prandsocry note or aprownent. The meturkV the Note Is June RATL Personal Pncpsity The words 'Personal Property- man all etitorre t, fixtures, and other arm" of personal property now or hereafter owned by Grantor, end now or hereafter stashed or afibsd to the Real Property: tWdor with all accessions, para, and eddido s a, all replesarnana of, and all subetlaudan for, any of such property: and together with M proceeds Wudnp without rmltsdon all insurance proceeds and refurde of prenrunal from any sale or odor disposition of the Property. Property. The word 'Properly' mean* oolwdvely the Real Property end the Personal Property. Real I%mwly. The words 'Real Property' mean the real property. Interests and rights, as further described in tms Mortgage. Related Deou nalb. The words 'Related DoounerW moan ter promleeery notes, credit agreements, ban egraements, envlorrnotsi aoramana, guaranties, seouity eon, mortgages, coeds of trust, security deem, oolaaral mortgages, and all other Inauunena, agrasmenrts and documents, whether row or hers~ 031100011), executed In connection with the Indebtedness. Rams. The word 'Rena' meae era present and future rants, revenues. Income, Mum, royaMa, profits, and other bo of to derived from the Property. BK t 954PGO786 MORTGAGE (Con*m9d) Pop 7 EACH pRAMOR ACKHOWMOEB HAVMG READ ALL THE PROVWKM OF TM MORTOAOE. AND EACH ORAMOR AGNM TO R8 TOM. ENT A00011DIN0 TO ? MOIITOAOE a AND ama CONBmm THm mI A WAND 8AND rr is wmmw THAT AND HAVE THE EFFECT OF CERTIFICATE OF RESIDENCE I herby owdfy, that the prow" addrm of the nor10a0", ORRBTOV M BANK. herein M " f*Nowe1 ,We STRKT OFFICE. 77 EA8T KINO MST. P O 8OX 200. . P t A 172mlv ooyfioAgii4 INDIVIDUAL AUNOWLEDGMENT COMMONWEALTH OFPENRBTLVANM I Is$ c«,NTV OF Cum e r land ? n On Oft OW 1 day of J ax t 20 oLt_ D?iN?A?.or) ran LDWOK known to r" aadlaf601 dY Prover) a a Mr P- who" nmm an NbaorlbaQd to tln/w/M"h?in YruumaM. and aokrowknlpad that they exeau[ad the acne for do PrP"w dmeh aontekrd. ./?+ li In whw wiwed. I hrewdo "t my hand rN 7mow?v fa.nm> ? Mo" Publc Mlftm k, and for the liar. of P NNbi"°aaa Exom Junes `p? N.iber, P.,.,eyMada,,..aei.Yon d HoWMa {Y?I IIIC I?IIi y?.471Y0. OR.1YYn,y?r}y.?1r.11. ?1. M ??. •M ?IOMI?IYR ?1? 1a? BKI954PGO787 ADJUSTABLE RATE RVER ..r. 1, N nerd. a pork of to a w%Mo, da dIr rubs ADAWAM PATE RIM N N.oMd to and by *b rdarorra SANK wd 2005, end asaeresed In ooranodenr wo s Men or asher /b amid asoerrwroddena Yweraa" CrAwrwm Dered, o Ddteh end Sh.ron L De11eh. BANK (dr 'L:sndw*l ThN dlmt" fats der WW e Wm B-or's Ad)A"" Raft Note "mind boated at of tM .ems den and 00N0(rr8 tM ProPerty descrNed In IN, Smoky InWWWOO THE MOTE COMM MOVINOW FOR (MOM N THE WTMW RATE AM THE IdOWNLT HE THE aotalpwwrik s OMW RATE CAN CHANGE AT ANY OME TIME MYMMT. 7181 NOTE LaMITS T MAST PAY. Ns Np M RA B. In ed -0 a Yo aovarwae end wPewrrtlms need. In 1M saeu" bnrrrnrrm. ADDMONAL Barowa end Under twedrer nova wd and M" as fame": ehn+Ess Into Yrbr.sl note wd the monlfiY A. E17ElIM7HA TIE AND te?Min Trar»Aof 7.28% Proms for p.ymwMS. a tossvn: (A) ChwW Data m 1M let day of Jun. end an dw day ovary tw.l» "I [I is) theradter. The & ON rife I rot ruts oeuW ahnMs M odad a -GFWW D.a Each daft an wldeh my (a) The index rote v,* be heed on an brdax. The 9nde:' Nth. INVOW WMW seMm vrbh the Mt Chants Date. MY Yrtsre . 1100 WANA y Of t yaer(s?. ee rode avdWft by to F.derd L won go" The moot re Ndex ABere avWWM .s of on daft 46 do" h 11 e•ah CLunBe N sidled tlr -Currard t bdw' avdebla, dw Larder we ohoon a new brdax vA" N bond ewer Nom gandile bdonrratlon• it to tinders lie no looser The Lander wo #ae no ntoslea of this alm". (C) Ce(eullmillon of Chwyas Bat" eras, Chrye Dale. Yo Lender will oaNdeft my now bderaeI raft by add ne 2.7E pwomftM pohm a Ceafara hubs. The Lander wM Yon rand Yee reads of this Od dWM a dr overeat arte41100 of are Oeraantep Pon 10.1261N. Sripa a do lWte stated N ftet@p I One (D) .? RA ra ? ChWIP °fp a jr y irrreM date st pey a abree?aet aft in subsew M. **W Mme1m. TM roads of side wNtiatNn vA be Yr New amealf of wool (D) Lbv y payrrrerk. Yen time presrdsse Pe(Me (D) LLmlls on basset Rase Cheryes to at Yo fist Chomp Date vA not be ream The bNraat Ow 1 am nVe(1ed PeY kw~ rase ves never be brewed a deseaawd on cry **a too (2.00011) Near the adsld bltersae raft. Thereafter. may the Champ pate by nrero drre two Perearaasa MMte (a A00%) dwr) s*wn k Psftr rose of P e•?ft ? she , -@I Nfraet tvraM nwaMsl. My* rtsrase retie VAN news M Poison raft. IN E lvaflw Dote of Charyas affesdnra on aerie Cheryl Dow. 1 vets pay the arrrataR of my new rrwrddy py? bell an on Mt monlsiy Peyrr" dMill after do ClumW Dote wAl the awmW of my midIV PeNma No" of Clwpse in brwMt rate aid Yn erararr of my mew Loader w1l The efM to asswr or mad s a . rr9 . The nodoi A bnbi I AsmrMl, m rawied w bw is be *an to ms and anyn a r wi e t ha dr ter. to e and ftl tal.pheearr. Md.se beery of who wM ernwer my *neftn I aM )'w f"Wdft the no". a. TRAMPS OF THE FRo!'B1TY OR A NNIFICIAL WTVIEST N aORROVM UrMera Covarwnt 17 of ft sweu" Mnaaerd N aattndad a read ae fasorra: Transfer of do property or a awrsaolel tetereet In aeroww. M r a may Part of Yea P o" -1 er way brnrew in it is said or trerrlerrd (a R a banaae -, brlsraat In aanawer N am ar and Ilawwwor IN net a I fd as as wme 1 rYldraul Landow's Prier wletem aerate. Lsrtder any. at NO Spoken, ta*lb Pgvmwd by Yds soma" b7e However. drN opdon dug not be aaeraNd by terrier M se.aalM N polrlbrd M tadend Iarr • of to date of the seaway brlnament. Larder dw shod not arrroNa this option IP (a) aaerawer omew a be La ubr to evsbews to bakowled tfar--I ere a • now Nan were babes w mile to to Larder Lerubr me, " asbly dosermbnas Yet Lender's uaaRY veal rot be a 0e1 M to lawn asnowdeaapb o on wd that W dwt do flak of a bnaoh of an oovanrwa or ePasenaa in #& security brown* N aeeNteYN Is Lender To Ow externs PernilMd by wprsoeMs Nw. Larder mry -leer--a rMomobla fee as a oondiden lie Yee nd 's Consent of der Nan asaar*ebn. Lardermay ere rwrPdre g o o s tw.a a dPr wn Mew/ and N MN Maaky we& In *A Now Leader end Pert emip ea deer traeoftraa a bop r Yr Oreises and "Momrft brtrrarrnt. aanower WO carom a be ebssesed ender -do Mote wd Yds Security brdarwn union L.wdw rebm" Bamaww N webby. in hi. Larder @W Siva aaaawer no" at N Larder axerelaM the a vide we*" of not law Sm 70 do" Yn date *A nad.a Is MEeaad or ended acaders l bih The rrodoa .leas y a s Pedad P aenwer fde IN Per VMS amen polar awa tlr a el*bphin aederr rro of dwerubs mir Per" pay al nny smaxed by 015 knalm any iorrPe yon by tli saeutty bwvwmnt wMwet tuYnr nelbe or danwd on so ewer. INDNIDUAL ACKNOwLLMOMENT Camomm-weem of ?arryNerde } SS County at Cu *wiww } ?dNs, I dry of m ire no Ion Naftry Nlbsw. PMambe So P pre inenarrer 0 an .s adsdftjsdo*0 Io emoo me !1M awns for tM • -nom IN paereaee dwsh aeoldnsd. In wMnas wlwaof. I Mroeamo ass my hand end otPd.l I Notsd sod Cosh PAMS E; aa""Am °28,ZWr pw"?YMalloy sootier, Onria Ared'aa' ck rare BX 1954PG078& ADJUSTABLE RATE M DER (Condnued) Pop z wwwr ?.w v.. w.?ue. e..wr.w.r?rr b. m.sa M?UMri?? •I??IOIM1M1Cw OK 1954PGO789 1T a ` N ALL that aettaa? tract of land shrift in West Pentesbom Town ft. Cumberland County, POOMA vanist, boaaded and dexibed as follows: BBG24NM at as bw pia iu the neater line of L.R. # 210341eadt Horn Plainfield m OWUM WWsoh pin is Nock 4 degrees 48 miUMN Bast 210 he fiam to cmaair fine of Townsldp Load # T-446; ftw by othar laud of bake ©ovid Tbaanas sad wi*, North 3S &V= 12 winates West 210 lbet to a stalm; thsooe by the same, Nft* 4 da j'r 49 =hules East,195 foot m a swa; tbeeoe by the same, South $S dgpm 12 damp E80. 210 ftot m a pin in the ante, line of LR. # 21034; tprce by &e oea0et line of said =4 89A 4 degiaea 48 trainmen Weak 195 fret to the P1aoa Of Be&e ft Cow 4%950 squm weer wdbeiaw den xIW aooatft to a s n-Aw tbaaof by Noel B. Sm k R.9:, &W SVW?bw 9, 1972. a copy of which is attsct<,ed hmft as part of this deed. BE11 O subject to a bWW V net back line wbsGh is 40 feet West of the pe+opossd rlgbt of way tine of LL # 21034, Vt Ad latlcr If= is 25 fi* West of the eds ft oeamac line of said road BM40 the sumo peamises wbkh Laptor GmW Thum= acrd t3ayie Rutb T1uma, husband and wife, by then heed dated Sepeuober 26, 1972, in dw CwObgdwd CouOW Reoorda of Deeds Office is Deed Book "V". VOW= 24, pa#e 253, 8 1 I sad cmeveyed Hato Danis O. Deitch and Sham L. Deitch, husband and vM% (h aatots hwahL FARM NO. 4"7-WS-028A k;er-Lily utib w be recorded in Cumberland County PA r .t i' Recorder of Deeds W 1954PS0790 7005 1820 0005 6651 4871 14011? 0XX73-DXXSTOWN D (C(D Lf, BANK A Tradition of Excellence Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pa. 17013-9469 October 11, 2007 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 your 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, 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" P.O. Box 250 • Shippensburg, PA 17257 • 717.530.3530 • 717.532.4143 fax LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES 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): Dennis G. Deitch Sharon L. Deitch PROPERTY ADDRESS: 136 Greason Road Carlisle. Pa. 17013-9469 LOAN ACCT. NO.: 1300005767 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 YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 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: 136 Greason Road. Carlisle, Pa. 17013-9469 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: August 6th--$ 905.93, September 6th--$ 905.93 and October 6th--$ 905.93 Other charges (explain/itemize): LATE CHARGES--$ 588.90 TOTAL AMOUNT PAST DUE: 3,306.69 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 3,306.69. 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 attorneys' 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 Sheriff's 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 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 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: Name of Lender: Orrstown Bank Address: P.O. Box 250, 77 East King Street Ship pensbura. PA 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 Sheriff's 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 Sheriff's 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, 9. ?m 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 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6th 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 American Red Cross-Hanover Chapter 1514 Derry Street 529 Carlisle Street Harrisburg, PA 17104 Hanover, Pa. 17331 (717) 232-9757 (717-637-3768) Fax (717) 234-2227 Fax (717) 637-3294 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 7005 1820 0005 6651 4864 ORRSTOWN BANK A Tradition of Excellence Sharon L. Deitch Dennis G. Deitch 136 Greason Road Carlisle, Pa. 17013-9469 October 11, 2007 C(OPY 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 your 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, 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. P.O. Box 250 9 Shippensburg, PA 17257 • 717.530.3530 • 717.532.4143 fax LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES 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): PROPERTY ADDRESS: LOAN ACCT. NO.: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pa. 17013-9469 1300005767 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LEN DER/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 YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE 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 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 r 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: 136 _ Greason Road, Carlisle, Pa. 17013-9469 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:__ August 6th--$ 905.93, September 6th--$ 905.93 and October 6th--$ 905.93 Other charges (explain/itemize): LATE CHARGES--$ 588.90 TOTAL AMOUNT PAST DUE: 3,306.69 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 3,306.69. 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 attorneys' 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 Sheriff's 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 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 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: Name of Lender: Orrstown Bank Address: P.O. Box 250, 77 East King Street Ship pensburg, PA 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 Sheriff's 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 Sheriff's 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 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6t' 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 Services Unlimited 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 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, Pa. 17331 (717-637-3768) Fax (717) 637-3294 R 0 3 OuC L d d c m o- 8. 2 m a ? C, „ y q r'Y p 'tt 3 ;00 ' D w p o 3 z " vcoo r (n ? p m U r r z3 O mm ? n m °a m d m 1v n ~t (A X rt n C N 2 ? m G .? K z m _i 1 j 1 N m 0 V O O m 3 a z Z o z G) C, c- L S Z L L 3(300 d!Z VV083 (3311HLW LOOZ LL- Loo 9£b£ZSb000 Vl ZO 090'0 ? 53r,11Og 1.31VLd A G i ,? 5 o, 1S Od s O 7005 1820 0005 6651 4864 ? ?y m w ;a p s I :tA p0 s $ " TI T m a ' ;! o ? Fl- iw 0 M 11,0, ;r :0 tv ;',3 : m • :;h : rt :O : n v O w 10 P, 0 0 N 3 W 2 m z z U) O tI1 c ? J D N 4 V N t-t w ON ? co o H ti o P. 0 O In ??¦ w rt 0 K m u r L' 03 lid ;j =1 C3 • O FA- rt 0 r p. O V Ln O W i Ir c' ?O 1.n rn _ C ? T Q1 z Er 14 ;.a. - N "• J J.J - (A r m z O µ +: - r MCC t W rzm = O moz r m 1 - ONO Fi G ?• Yr 'qmY/ ? OOm '-` $1 0 D m O O ? IR to O - ds t? 31Z LN08-4 (331NFliv 0 s£t:£z9t7ooo O 0 v L z o E` O E k .r ? ?SOd S3?%4 %m W. Exhibit "E" 4 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ^ 7 A ?77AT R A TTTT P. O. Box 250 Shippensburg, PA 17257 One piece of ordinary mail addressed to: Dennis G. Deitch 136 Greason Road Carlisle. Pa 17011-9469 PS Form 3577, January 2001 V. At rL N o W '(3j N 0 Eal4 s o -A C) T 4 N (] Ui O n U.S. Postal Ser vicei,? f?- CERTIFIED MAIL, R ECEIPT cD (Domestic Mail Only, No Insuranc e Covera e Provided g ) Ln OFFI CIA L E?- E ?D S._ -0 postap _ .ss fir,,:. C3 CardlledFin 2 65 . O (Endo"°mtmt Raqukad) 2.15 Poons* "C' f, Hem ru (Endotaerrtertt R etptired) elver r_q Totel Postage A Fees $ 5.38 Ln t7 0 Dennis G. Deitch 71R746: ------------- --- ------ ------------- ----------------------- orFbBwNa 1 ?t 3 ?i >ts1,?4 R (a - -------------- oad __. . . --- -µ_ ra is e Pa. 17013-9469 SENDER: coMPLETE THIS • COMPLETE THIS SECTION ON DELIVEP Y ¦ Complete items 1, 2, and 3. Also complete A. mature item 4 if Restricted Delivery is desired. x ? Agent ¦ Print your name and address on the reverse 0 Addressee so that we can return the card to you. eceived by ( Name) e) C. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. )PfA t, rC.C 1. Article Addressed to: D. ' ditfereM from Rem 1? ? Y If YES, enter delivery address below: ? No Dennis G. Deitch 136 Greason Road Carlisle, Pa. 17013-9469 3. Service Type cArtmed mail . ? Egress man O y b Registered ? Return Receipt for Merchandise ? insured man ? C.O.D. 4. Restricted Delivey! pft Fee) ? Yes 2.,Article Number from service bw 7005 :?r?ansaer 1820 0005 6651 4871 PS Form 3811, February 2004 Domestic Retum Receipt 1102WS.02-M-1150 W -0 6l W p W -64, d O L CASE NO: 2008-00589 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS DEITCH DENNIS G ET AL RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon n7TTrT-T T)7MMTq r the DEFENDANT , at 0020:57 HOURS, on the 1st day of February-, 2008 at 136 GREASON ROAD CARLISLE, PA 17015 by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.76 Affidavit .00 Surcharge 10.00 POSTAGE 121,0,1 41 3 Sworn and Subscibed to before me this day of So Answers: rae? R. homas Kline 02/05/2008 O'BRIEN BARIC SCHERER By: Deputy Sheriff A. D. w CASE NO: 2008-00589 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS DEITCH DENNIS G ET AL RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEITCH SHARON L the DEFENDANT , at 0020:57 HOURS, on the 1st day of February-, 2008 at 136 GREASON RD CARLISLE, PA 17015-9469 by handing to DENNIS G DEITCH HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with NOTICE 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 alo??e8 .00 1 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/05/2008 O'BRIEN BARIC SCHERER By: Deputy Sheriff A. D. ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW CARLISLE, PA 17013, Defendants. PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendants, Dennis G. Deitch and Sharon L. Deitch, for failure to file an answer to the Complaint of Plaintiff. A true and correct copies of the Notices of Default are appended hereto as Exhibit "A." A true and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $144,922.70 as set forth in the Complaint together with interest in the amount of $4,642.93 to March 3, 2008, costs in the amount of ?39.4a sJ-09' 6os:ss , - for a total of-$+49-,44;-@-5-._ Respectfully submitted, O'$RIEN, ARIC HERER i David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 s _ ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, j husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. 'i I TO: Dennis G. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Date of Notice: February 21, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 O' EN, BARI ND S R David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants TO: Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Date of Notice: February 21, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 O EN, BARIC ND S R David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE Cat MArt-rrvv NATIONAL MAIL, DOES NOT MAY BE USED FOR DOMESTIC STMANER PROVIDE FOR NSURA PO Received Fro. ^ . ?N r? I?l? ? ???13 o? N ? O M 0 0 Ay ? N T r T C-) C -r•v One piece of ordinary mail addressed to: ° p W N D?nnts C? D?:t?ch °o ON~~D T z . wm rn 13(v (?r?asan R? sue' ° D m Y fL ? 13 PS Form 3817, January 2001 F POSTAL SERVICE CERTIFICATE OF MAILING z USE:DF R DOM ESTIC AND INTERNATIONAL MAIL, DOES NOT DE FOSURANCE-POSTMASTER c a m eived From: Q r I Atr?C/ 4A" A?o Ci C-) C °of ?m z N One piece of ordinary mail addressed to: oF?+ oN?nr? Sh ran L • D?t?ch W =-ONC30 mC? z• •wm°r°n ° D _U =1 m ???;?1? Pp11013 PS Form 3817, January 2001 EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on March -?-, 2008, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire C/ a OD ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Dennis G. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. ' Protho Date: ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. ?7&t Protho jlo? Date: ?? "E D ti's ?• ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants CIVIL ACTION-LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Principal debt: $144,922.70 Interest to 03/03/08 $ 4,642.93 (per diem $26.01) Late Charges $---224.80 TOTAL: $150,290.43 Respectfully submitted, ' EN, BARIC & SCHERE t David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff da b.dir/orrstown ban k/deitch/2008/writofexecution. pra r CERTIFICATE OF SERVICE I hereby certify that on April 1, 2008, 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 parties listed below, as follows: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Penn vania 17013 David A. Baric, Esquire ? n w ? o 0 c 6) 1 40 w r1 1 G c e ? N G 1 r-? ::_ a C- y C C .+ i.? f ? r WRIT OF EXECUTION and/or ATTACHMENT NO 08-589 Civil CIVIL ACTION -LAW COMMONWEALTH OCUMBERLAND SYLVANIA) COUNTY OF CUMBEORLANND) TO THE SHERIFF OF CUMBERLAND COUNTY: plaintiff (s) To satisfy the debt, interest and costs due ORRSTOWN BANK, ON L. DEITCH From DENNIS G. DEITCH AND SHARON (1) of the defendant (s)and to sell SEE LEGAL directed to levy upon the property You are DESCRIPTION • not levied upon in the possession (2) You are also directed to attach the property of the defendant(s) of GARNISHEE(S) as follows: an attachment has been issued; (b) the garnishee(s) 1 of the defendant that: (a) and from delivering any property and to notify the garnishee(s) paying any debt to or for the account of the defendant (s) possession (s) or otherwise disposing thereof; levied upon an! ubject to attachment is found in the (3) If property of the defendant(s) not him/her that he/she has been added as a of anyone other than a named garnishee, you are directed to notify garnishee and is enjoined as above stated. L.L. $•50 Amount Due $144,922.70 Interest TO 3/3/08 (PER DIEM $26.01) - $4,642.93 Atty, s Comm % Atty Paid $169.17 Plaintiff Paid Date: APRIL 3, 2008 Due Prothy $2.00 Other Costs LATE CHARGES $724.80 Long, pro to Curtis (Seal) REQUESTING PARTY: Name DAVID A. BARK, ESQUIRE Address: O'BRIEN, BARK & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 By Deputy ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW 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 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. 1 Names and addresses of owner or reputed owners: Dennis G. Deitch and Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17015 2. Names and addresses of defendants in the judgment: Dennis G. Deitch an Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17015 4W 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank Cumberland County Tax Claim Bureau First Select, Inc. West Pennsboro Township Household Finance Consumer Discount JMMMPC Dr. Jeffrey Holtzman 77 East King Street Shippensburg, PA 17257 One Courthouse Square Carlisle, PA 17013 4460 Rosewood Drive Pleasanton, CA 94588 2150 Newville Road Carlisle, PA 17015 P.O. Box 8604 Elmhurst, IL 60126 P.O. Box 832 Clearfield, PA 16830 c/o James W. Carroll, Jr., Esquire 50 Plank Street Pittston, PA 18640 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Household Finance Consumer Discount P.O. Elmhurst, Box 8604 L 60126 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Cumberland County Tax Claim Bureau One e th u e 3 Square First Select, Inc. 4460 Rosewood Drive Pleasanton, CA 94588 A6 West Pennsboro Township Household Finance Consumer Discount JMMMPC Dr. Jeffrey Holtzman 2150 Newville Road Carlisle, PA 17015 P.O. Box 8604 Elmhurst, IL 60126 P.O. Box 832 Clearfield, PA 16830 C/o James W. Carroll, Jr., Esquire 50 Plank Street Pittston, PA 18640 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 sworn falsifications o au .l Date: 04. 01 A David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: rom Greaso BEGINNING at an iron pin in the center line of L.R. # 21034 centerf 1 ne oflTofwnship Road #n, which pin is North 4 degrees 48 minutes East 210 fee from minu T-446; thence by other land of Lester Gerald Thumm aanwife, morntuh 8 degtr es 12 feet to taes West 210 feet to a stake; thence by the same, North degrees 48 line stake; thence by the same, South 85 degrees 12 minutes East, 4 210 feet to a pin in degrees 48 minuteshWestt 195 feet of L.R. # 21034; thence by the center line of said road, so g rding to a to the Place Of Beginning; Containing 40,950 square fT gang b? lag opy o fwhich ?s attached survey thereof by Noel B. Smith, R.S., dated September hereto as part of this deed. BEING subject to a building set back line which is 40 feet Writ of the line of proposed dg had. way line of L.R. # 21034, which latter line is 25 feet West of the existing center BEING the same premises which Lester Gerald Thumma and Gayle u tth Thum der of sband and wife, by their Deed dated September 26, 1972, in the Cumberland and conveyed unto Dennis G. Deitch Office in Deed Book "V", Volume 24, Page 253, granted and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A EXHIBIT "A" -, r.a - .; ?::? -.- , ?-" -nt ---f ..? . ? `„?-? --?_ _.. , i ,? ? : -; C.!`? -?C lo. ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT O CUMBERLAND COUNTY PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW 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 Dennis G. Deitch and Sharon L. Deitch. Orrstown Bank Cumberland County Tax Claim Bureau First Select, Inc. West Pennsboro Township Household Finance Consumer Discount JMMMPC Dr. Jeffrey Holtzman 77 East King Street Shippensburg, PA 17257 One Courthouse Square Carlisle, PA 17013 4460 Rosewood Drive Pleasanton, CA 94588 2150 Newville Road Carlisle, PA 17015 P.O. Box 8604 Elmhurst, IL 60126 P.O. Box 832 Clearfield, PA 16830 c/o James W. Carroll, Jr., Esquire 50 Plank Street Pittston, PA 18640 Y You are hereby notified that on Wednesday, September 3, 2008 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 Ban v. Dennis G. Deit h andosSharon L. e at Public Deitch, No. 2008-00589 the Sheriff of Cumberland County, Pennsylvania Carlisle Sale in the Sheriff s Office, Cumberland County Courthouse, L. DeOne itch, known sand quare,umbered 136 Pennsylvania, real estate of Dennis G. DertchSharon i number 46-07-0475- Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel 028A. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution distribution be filed by the Sheriff of Cumberland County on 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 beodl d of said the sale and that you have an opportunity to tect your interest, if any, by b ' g Sheriffs Sale. DATE: 041 b i g o t 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 tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line 195 feet of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thummab? land Gayle Ruth Thmma, County Reco der of sband and Deeds wife, by their Deed dated September 26, 1972, m theC and conveyed unto Dennis G. Deitch Office in Deed Book "V", Volume 24, Page 253, granted and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A i ) c'a C_J 7 ? C-1 ORRSTOWN BANK, 77 EAST KING STREET IN THE COURT OF COMMON PLEAS OF SHIPPENSBURG, PA 17257, ; CUMBERLAND • COUNTY, PENNSYLVANIA Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. : NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 I) The premises which is the subject of this action and N 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 46-07- 0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Town County, Pennsylvania, bounded and described as follows: ship' Cumberland BEGINNING at an iron pin in the center line of L.R. # 2103 Plainfield to Greason, which pin is North 4 de 4 leading from the center line of Fees 48 minutes East 210feet from Township Road # T-446; thence by other Thumma and wife, North 85 degrees 12 minutes West 10 fend of Lester Gerald by the same, North 4 degrees 48 minutes East, 195 feet to a et to a stake; thence same, South 85 degrees 12 minutes East, 210 feet to a pin in the center L.R. # 21034; thence b stake; thence by the by the center line of said road, south 4 degrees 48 minu es West, 195 feet to the Place Of Beginning; Containing 40 950 being described according to a survey thereof b square feet and September 8, 1972, a Y Y Noel B. Smith, R.S., dated copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet Wet of proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is Wednesday, September 3, 2008 at 10:00 a.m., in the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being held on Judgment entered in Orrstown Bank v. Dennis G. Deitch and Sharon L. Deitch, docketed to 2008-00589 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Dennis G. Deitch and Sharon L. Deitch. 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, 5AMEN, BA SC R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: 6401 I dc,. LEGAL, DESCRIPTION ALL that certain tract of land situate in West Pennsboro T Pennsylvania, bounded and described as follows: °?'nshi P, Cumberland County, BEGINNING at an iron pin in the center line of L.R. # 21034 which pin is North 4 degrees 48 minutes East 210 feet from 1eadin g from Plainfield to Road #n, T-446; thence by other land of Lester Gerald Thumma and wife, thence by the same, m the center line of To West 210 feet to a stake; North 85 de ship Road # minutes stake; thence by the same, South 85 degree 12 minutes degrees 48 minutes East, 195 g, f 12 eet to a of L.R. # 21034; thence by the center line of said road, Bout ' 210 feet to a pin in the center line to the Place Of Beginning; Containing 40,950 square feet and being degrees cr 48 minutes West, 195 feet survey thereof by Noel B. Smith, R.S. being described according to a hereto as part of this deed. dated September 8, 1972, a copy of which is attached BEING subject to a building set back line which is 40 feet of L.R. # 21034, which latter line is 25 feet West of the exi ' West of the proposed right of way line BEING the same premises which Lester Ger sting center line of said road. wife, by their Deed dated September 26, 19721dn the umma Cumb andGayle Ruth Th ? Office in Deed Book " e Volume 24, Pa e 253 erland County ma, hus band and and Sharon L. Deitch, husband g granted and conveyed unto Dennis G Deac and wife, Grantors herein. h PARCEL NO. 46-07-0475-028A ORRSTOWN BANK, 77 EAST KING STREET IN THE COURT OF COMMON PLEAS OF SHIPPENSBURG, PA 17257, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of t Defendants, Dennis G. Deitch and Sharon L. Deitch is 136 he treason Road, Carlisle, Cumberland County, Pennsylvania 17015 and that the Defendants are the owners of the mortgaged property. O'BRIEN, BARIC & SCHE David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF -- , 2008. Notary P i COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Lindsay. Notary Pt"ic Cadwe Boro, acterand Cou* My Conxrtissiort EVires Nov. M 2011 Member, Pennsylvania Association or Notaries ? 4 . 4.?.. t;?T r: "> i? -t7 . ?„? "C 1 ?' - .t.?. .....? ...,_ ?_, . ,_? T.. i.._ ! C_.,;: ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants CIVIL ACTION-LAW AFFIDAVIT REGARDING NOTICE PURSUANT TO ACT 91 I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notices required pursuant to Act 91 and Act 6 were mailed to the Defendants on or about October 11, 2007. O' RIEN, BARIC & SCHERER David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME. THIS I fiL+ DAY OF 2008. Not P 1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Lindsay, Notary Public Carlisle Boro, Cumberiand County My Ca nrnission E)ires Nov. 29, 2011 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION cca 1 CaJ ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW 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, O' N, BARK Ar$CHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE OF MAHJUM LAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER /?. Received From: i 4 Sch ' i pPR ' rife Nric / 1 'l D k One piece of ordinary mail addressed to: L -y r s ?1 t 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: 'sl p One piece of ordinary mail addressed to: I?ur?au brnk0ana n wyUr+MVS ar s ?D PS Form 3817, January 2001 r O D oo-?I?-•x CDzc'°tn0 o -1o m°y rn m C C2 O N O T O i M N C. D C") C o{? ? ? fn oV .0. own 00 tG D m U.S. POSTAL SERVICE CERTIFICATE Off` MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAII,, E PROVIDE FOR INSURANCE-POSTMASTER , U Received From: 1013 One piece of ordinary mail addressed to: it "?`t {OlJ OSVWo ?m tfl '?lync neon, ?? ?1458g e, 9rp ?? i 9 w Z oTrT 3> to 07~+ C~o-r?? 00 F4- -wrnc3voi fOD00 3) M PS Form 3817, January 2001 C 1'1615 U.S. POSTAL SERVICE CERTIFICAT" MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL NOT .?0 PROVIDE FOR INSURANCE-POSTMASTER ; Received From: ?°I SOUr?I SAY f?l' : , '?S 3 One piece of ordinary mail addressed to: ou?old ?tinancF,Consum?r t?iscouvr?' ox 01D4 ?' mhur ? Zt_ ?vblab Q3• ? D o 1> n C -4 3> o -to mpy ?? D m PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF L MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, p S PROVIDE FOR INSURANCE-POSTMASTER Received From: U 3 Y I fi °l' SC?1?XfiY' 9AA Sotk?h ? ` ti QR 1'lUt3 ti ?;.. One piece of ordinary mail addressed to: DI rn P D. M %N t`a r ` d, Pfd 1bg3D PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAII.,?p6E PROVIDE FOR INSURANCE-POSTMASTER 70, l ijjKgived From: ??«n 8ar'?c?- Scar ` ? pQ? 01 w V_ One piece of ordinary mail addressed to: dry f? n? y? ....-..,....._ 4 . Cuvrpll R. Ul ,50 PIanK Stir ?- pi? st?n, ? I ?lo4ti r)O oo -to 0:1 ICJ /::' ?? M n C Mm to stir Oo?lr-+9zWO-° oM -I •wr_oo m vn fOD? 00 D x o ? p N ' {F r C7F""? OoN?+900 ?Wwm m PS Form 3817, January 2001 ry ? . ? ?? r?ii ?. ? -r?a? ?. ? ?'. :?" t??" Cx,?s 'ry' C.+-?' L -.11 ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW AMENDED 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 by U.S. First Class mail as evidenced by envelopes attached hereto. Respectfully submitted, O NN, BARIC SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 LL F 6=',4 r m. - C ?- M 0 T ? e z C ? z ? M_ Q O v w w D0 o co 00 S a- 1- w Z Z Q D: Z UJ E3 00WCL z(n 0 < <Q : -j cf) w J N w Of 0Q?O LL?UCL N? Q W 0 0 ? Q 1 0 N Y??1 -- Ito MOM r WQQ W QQ 3 ,? ..: WHO .?? U OO Q) zQW 01 Ma-i a -- 0 QWm 0 - 41 F-?4 cr *+ WHz MJ3 - W Q ,i F O W 0 H z H U z m n it a v D M Q ? V) a o ? a-- <T-?/? do ?.' CO ?! Wu W o ww?++ ?:?, ,?Nrvo 0 1 + ? c F Q i c I 1 w w ?w wwo0 Qo G 0 j 0 d ,d r?L a r? J J LL. F J1 ? r- ?Q .J U) Z Z W LULJ U) li W Z 0- Zj\ IIISP z o v ? z u U ? > z z ? N ? J U 0 rt Ord r.,3 C- CZ 7?, 'trT, r _ Z CD Orrstown Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Dennis G. Deitch and Sharon L. Deitch Writ No. 2008-589 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1009 hours, 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: Dennis G. Deitch and Sharon L. Deitch, by making known unto Dennis Deitch, for himself and for his wife, Sharon L. Deitch, at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 03, 2008 at 1659 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dennis G. Deitch and Sharon L. Deitch located at 136 Greason Road, Carlisle, Cumberland County, 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: Dennis G. Deitch and Sharon L. Deitch by regular mail to their last known address of 136 Greason Road, Carlisle, PA 17013. These letters were mailed under the date of July 2, 2008 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 letter of request from Attorney Dave Baric. Sheriffs Costs: Docketing 30.00 Poundage 16.61 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 12.00 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 338.51 Share of Bills 17.64 0 k 71 c ll - $847.26 e - So Answ s. e 4e? R. Thomas Kline, Sheriff BY' GCS Real Estate rgeant z -"N J ?- ?- 5 C,12 4? 8 y 1. g l 21 .214`1' ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-00589 CIVIL ACTION CIVIL ACTION-LAW 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 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. 1. Names and addresses of owner or reputed owners: Dennis G. Deitch and Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17015 2. Names and addresses of defendants in the judgment: Dennis G. Deitch an Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17015 R 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank Cumberland County Tax Claim Bureau First Select, Inc. West Pennsboro Township Household Finance Consumer Discount JMMMPC Dr. Jeffrey Holtzman 77 East King Street Shippensburg, PA 17257 One Courthouse Square Carlisle, PA 17013 4460 Rosewood Drive Pleasanton, CA 94588 2150 Newville Road Carlisle, PA 17015 P.O. Box 8604 Elmhurst, IL 60126 P.O. Box 832 Clearfield, PA 16830 c/o James W. Carroll, Jr., Esquire 50 Plank Street Pittston, PA 18640 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Household Finance Consumer Discount P.O. Box 8604 Elmhurst, IL 60126 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 First Select, Inc. 4460 Rosewood Drive Pleasanton, CA 94588 West Pennsboro Township Household Finance Consumer Discount JMMMPC Dr. Jeffrey Holtzman 2150 Newville Road Carlisle, PA 17015 P.O. Box 8604 Elmhurst, IL 60126 P.O. Box 832 Clearfield, PA 16830 c/o James W. Carroll, Jr., Esquire 50 Plank Street Pittston, PA 18640 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 worn falsifications o authoriti Date: Oq- p d? David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A EXHIBIT "A" ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257, Plaintiff NO. 2008-00589 CIVIL ACTION V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which is the subject of this action and Notice of Sale is located at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 46-07- 0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is Wednesday, September 3, 2008 at 10:00 a.m., in the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being held on Judgment entered in Orrstown Bank v. Dennis G. Deitch and Sharon L. Deitch, docketed to 2008-00589 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Dennis G. Deitch and Sharon L. Deitch. 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, EN, B SC R r David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: 64 / 01 J A LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-589 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 DENNIS G. DEITCH AND SHARON L. DEITCH (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 $144,922.70 Interest TO 3/3/08 (PER DIEM $26.01) - $4,642.93 Atty's Comm % Atty Paid $169.17 Plaintiff Paid Date: APRIL 3, 2008 L.L. $.50 Due Prothy $2.00 Other Costs LATE CHARGES $724.80 C s R. Long, o (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 Deal Estate Sale #06 On April 30, 2008 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 136 Greason Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 30, 2008 By: Re4Es o S ergeant St .E d L- 8dtl OUR Vd, 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: July 18. July 25 and August 1. 2008 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. r tYa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this !-day of August, 2008 Notary NOTARIAL SEAT. DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commlaslon Expires Apr 28, 2010 Writ No. 2008-589 Civil Orrstown Bank vs. Dennis G. Deitch and Sharon L. Deitch Atty.: David Baric LEGAL DESCRIPTION ALL that certain tract of land situp in West Pcnnaborn Tav p, Cum iid County, Fenr"t"Mw, boundW and dewrflxd as ors: 9SOUMM at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 min- utes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a sur- vey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Re- corder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis C. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A. the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News NOw you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 Sworn to and *ribe reme( is da of 6gust, 2008 A.D. Notary Public ? _THPE"YLVANtA NdMIN ssr &Wft L Kfmx, Notay Pubic w * C*W?lon Nov 2M1 Real Estate Sttde No. 6 - Writ No. 200"M CWH Term Orrstown Bank VS Dennis G. Dsftch and Sharon L. Deftch Attomey David Berk LEGAL DESCRIPTION ALL that certain tract of land situate in WestPeuasboroTownship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center lice of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way lice of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A A