HomeMy WebLinkAbout08-1486ORRSTOWN BANK,
Plaintiff
v
GIUSEPPE P. BASILE,
SEBASTIAN ANILE
t/d/b/a Pino's Pizza and
PINO' S PIZZA,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- lq & CIVIL TERM
MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by 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, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008- /Y Q(p CIVIL TERM
GIUSEPPE P. BASILE, MORTGAGE FORECLOSURE
SEBASTIAN ANILE
t/d/b/a Pino's Pizza and
PINO' S PIZZA,
Defendants
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 17257.
2. Defendants, Giuseppe P. Basile and Sebastian Anile are the general partners of
and do business as Pino's Pizza.
3. Giuseppe P. Basile is an adult individual with a residence address of 113 East
Main Street, Newville, Cumberland County, Pennsylvania 17241.
4. Sebastian Anile is an adult individual with a residence address of 20 Westgate
Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065.
5. Pino's Pizza is a Pennsylvania partnership with its regular place of business
located at 1-3 East Main Street, Newville, Cumberland County, Pennsylvania 17241.
6. By Deed dated March 15, 1999, Giuseppe P. Basile and Sebastian Anile t/d/b/a
Pino's Pizza as Mortgagors, made, executed and delivered a written Promissory 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 County Office of the Recorder of
Deeds of Cumberland County on March 16, 1999, at Cumberland County Book 1526, Page 969,
et seq., all of which pages are incorporated herein by reference and made a part hereof.
7. A true and correct copy of the aforesaid Promissory 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."
8. Defendants defaulted under the terms and conditions of the Mortgage and
Promissory Note by failing to make payment of principal and interest due since May 15, 2007
and every month thereafter.
9. Under the terms of the Mortgage and Promissory Note, if any monthly payment of
principal and interest is not made when due or any other obligations of the Promissory Note or
Mortgage are not met then the entire indebtedness owing on the Mortgage and Promissory Note
obligation shall become due and payable immediately at the declaration of Mortgagee.
10. Plaintiff as Mortgagee has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
11. The following amounts are presently due on the said Mortgage and Promissory
Note:
Principal $126,774.10
Interest to 02/27/08 $ 10,527.12
(per diem $35.77)
Late charge $ 663.89
Reasonable attorneys fees $ 12,677.41
as fixed by Plaintiff for
purposes of this Complaint
(actual and anticipated to
10% of principal)
TOTAL $150,642.52
12. Giuseppe P. Basile and Sebastian Anile, are the present record owners and real
owners of the premises described in Exhibit "A."
13. No notice under Act 6 or Act 91 is required as the principal debt was in excess of
$50,000.00 and the property given as security is not eligible under Act 91.
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of
$150,642.52 plus interest thereafter at the contract per diem from October 20, 2006 and the costs
against Giuseppe P. Basile and Sebastian Anile, Mortgagors and real owners, and seeks
foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto.
Respectfully submitted,
7
O'B N, BAF C & HE
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/orrstownban Wpinos/complaint2.pld
02/2812008 16:59 7172495755 CBS PAGE 06
VER)[)F'ZCAYION
The statements in the foregoing Complaint are based upon information that 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 that 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.A. § 4904
relating to unsworn falsi.flcations to authorities.
DATE: a a
Betsy J. Smith, Collector
Orrstown Bank
ALL THAT CERTAIN tract of land situate at the northeast corner of Main and High Streets in
the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows:
ON the South by main Street; on the East by property formerly of John Reed now or formerly of
Fred Burkholder; on the North by property now or formerly of Henry Jones; and on the West by
High Street.
CONTAINING 45 feet in front on Main Street and extending northwardly therefrom along the
eastern line of High Street a distance of 103 feet 10 inches, more or less, to the said property now
or formerly of Henry Jones, and having thereon erected buildings known as and numbered as 1-3
East Main Street.
BEING the same premises which Lucretia Ott, et ex, by deed dated July 16, 1987, and recorded
July 21, 1987, in Deed Book U, Volume 32, Page 864, granted and conveyed to Giuseppe P.
Basile and Joan P. Basile, husband and wife, grantors herein.
EXHIBIT "A"
PINO'S PIZZA (Tim: j
1-3 LAST MAIN ST,
NEWVILLE, PA 17241
Lender:
ORRSTOWN BANK
Stonehedge Office
P.O. Box 26o
Shtppenaburg, PA 17257
Principal Amount: $146,750.00 Initial Rate: 9.500°,6 Note! Date of March
PROMISE TO PAY, PINO'S PIZZA (-Borrower') promises to pay to ORRSTOWN BANK ("Lender"), or order, in alt of the 15, 1999
States of America, the principal amount of One Hundred Forty SIX Thousand Seven Hundred Fifty & ogf100 Dollars (Stets,, together wNdh
interest on the unpaid principal balance from March 15, 1999, until paid In full. The Interest rate Will not Inc
PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower Will pay, 0 .00016.
made, In 240 payments of $1,0111.67 each payment. Borrower's first a care d, lit i is demand an
the same day of each month after that. Borrower's final payment will b
payment Is due e due on March April 16, 15, 2019, and will be for all damehmama are due accrued
Interest not yell paid. Payments Include principal and interest. The annual interest rate for this Note I. co principal and all applying the ratio of the annual Interest rate over a year of 280 days, multiplied by the outstanding principal computed on i 3d by the basis; that a by Is.
days the Principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or t such other piecee as Lender may desig?Af
in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, than to principal, and any
remaining amount to any unpaid collection costs and late charges.
VARIABLE INTEREST RATE. The interest rate on this Note Is subject to change from time to time based on changes In an independent index which
Is the WALL STREET PRIME (the "Index"). The Index Is not necessarily the lowest rate charged by lender on its loans. If the Index becomes
unavailable during tha term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will loll Borrower the current Index
rate upon Borrower's request. Borrower understands that tender may make loans based on other rates as well. The Interest rate change will not occur
more often then each day. The Index currently Is 7.760% per annum. The interest rate to be applied to the unpaid
will be at a rate of 1.750 percentage points over the Index, adjusted It nec
e principal balance of this Note
an Initial rate of 9.500% per annum. Notwithstanding any other provision o No e? he maximum rate limitation varlable Interest ratedor rates prroovvided tomtit thiiss
Note will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more then the lesser of
18.000% per annum or the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one
or more of the following: (a), increase Borrower's payments to ensure Borrower's loan will pay off by its original Anal maturity date, (b) increase
Borrower's payments to cover aocruing Interest, (c) Increase the number of Borrower's payments, and (d) continue Borrower's payments at the same
amount and increase Borrower's final payment.
PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it Is due.
by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the paymenEarly will not, unless hedule.nRa her, they will reduce the
principal balance due and may result in Borrower making fewer payments.
LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 6.000% of the regularly scheduled payment or $60.00, whichever
Is leas,
DEFAULT. Borrower Will be In default If any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition
contained in this Note or any agreement related to this Note, or In any other agreement or loan Borrower has with Lender. (c) Borrower defaults under
any loan, extenslon of credit, security agreement, purchase or sales agreement, or an other a
may materially affect any(tif Borrower's property or Borrower's ability to repay this Note or perform Borrows s obligations unother der this Note organ of the
Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf Is false or misleading In any
material respect either now or at the time made or furnished. (e) Any partner dies or any of the partners or Borrower becomes Insolvent, a receiver Is
appointed for any pact of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any pro either by
Borrower or against Borrower under any bankruptcy or Insolvency laws. (f) Any creditor tries to take any of Borr sceedl? Is commenced h Lender
has a ifen or security Interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the verents described In tthls default
section occurs with respect to any general partner of Dorrower or any guarantor of this Note. (h) A materiel adverse change occurs In Borrowers
financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired.
If any default, other than a default In payment, Is curable and If Borrower has not been given a notice of a breach of the same provision of this Note
within the preceding twelve (12) months, It may be cured (and no event of default will have occurred) If Borrower, after receiving written notice from
Lender demanding cure of such default: (a) cures the default within fifteen 15 days; or immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cur h eidefault and therleafter cmore than fin (16) ontinues and completes all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. Lender may hire. of pay someone Pisa to help
collect this Note If Borrower does not pay. Borrower also will pay Lender that amount. This Includes, subject to ay omits under applicable law,
Lenders attorneys' fees and Lenders legal expenses whether or not there Is a lawsuit, Including attorneys' fees and legal proceedings {Including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment meet expenses for seees. If
not prohibited by applicable law, Borrower also will pay any court costs, In addition to as other sums provided by law. If judgment Is entered in
connection with this Note, Interest will continue to accrue on this Note after judgment at the Interest rate applicable to this Note at the time judgment Is
entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania, if there Is a lawsuit,
Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania.
This Note shall be governed by and construed In accordance with the lays of the Commonwealth of Pennsylvania.
RIGHT OF SETOFF. Borrower grants to Lender a contractual security Interest In, and hereby assigns, conveys, delivers, pledges, and transfers to
Lender all Borrowers right, title and Interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including
without limitation all accounts held jointly with someone else and all accounts Borrower may
however &I I and Keogh
accounts, and all trust accounts for which the grant of a security interest would be proh bitednby In the law fuBorr, weruaut orizes L nder,tto he extent
permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts.
COLLATERAL. Tt;is Nate Is secured by a Mortgage dated March 15, 1999, to Lender on real property located in CUMBERLAND County,
Commonwealth of Pennsylvania, all the terms and conditions of which are hereby Incorporated and made a part of this Note.
EXHIBIT "B"
PROMISSORY NOTE
03 -1999 ' PROMISSORY NOTE
Wan. No (Continued) Page
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of spelt default pfoftons or rlphti of Lwl&r
right to declare payment Of this Note on Its demand. Lender may delay or forgo enforcing any of Its dp?? I`Wiedha Under Ift Nab ? dtunl without Wtand ?n0
ft
them. Borrower and any other person rsoon who signs, guarantees Or endorses this Note, to the axtanl a1 ??
payment, protest and nonce of dishonor. Upon any change In the terms of this Note, and unless ottwrwlaa itr
signs this Note, whether as maker, guarantor, accommodation maker or endorser, shll be released from + 0. no p?ryr who
may renew Or.et:tand (repeatedly and for an to h? s1lClt
parties ague V* Leader
upon or parted Lender's any ? of time) this loan, or release any PedY. Pam, or or
Oak** at wipa. kv to
_ secu anyone. a sut:h.Pattles also Interest In the odtatarah, and take any other action deemed 11e09ssary by Lander y No consent of or reft b
modification 13 made, agree that Lender may Modify this town without the consent of or nolloe to anyone other than the party with whom the
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIAmE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWUMOES RECEIPT OF A CONIRzM
COPY OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
PINO'S PIZZA
By:
GIUSEP P. , aneral Partner
moo,
ASTIAN Al , General P r
-0m,vor,iiabim Room
,.r i/v
ORRSTOWN BANK
P.O. BOX 250
Shippensburg, PA 17257
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. BOX 250
Shippensburg, PA 17257
ROBERT ('. 21LInLER
RccoFZGEr; OF DEEDS
CUMBERL-OiD COU14TY-PA
'99 nflR 16 TM 3 33
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
THIS MORTGAGE IS DATED MARCH 15, 1999, between PINO'S PIZZA, whose address Is 1-3 EAST MAIN ST.,
NEWVILLE, PA 17241 (referred to below as "Grantor"); and ORRSTOWN BANK, whose address is P.O. Box 250,
Shippensburg, PA 17257 (referred to below as "Lender").
GRANT' OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and
mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently
erected or affixed buildings, Improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties,
privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all
other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located
In CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"):
SEE ATTACHED
The Real Property or its address is commonly known as 1-3 EAST MAIN ST., NEWVILLE, PA 17241.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all leases of the Property and all Rents from the Property. In
addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of
the United States of America.
Grantor. The word "Grantor" means PINO'S PIZZA. The Grantor is the mortgagor under this Mortgage.
Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in
connection with the Indebtedness.
Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by
Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with
interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The Lender Is the mortgagee under this Mortgage.
Mortgage. The word "Mortgage" means this Purchase Money Mortgage between Grantor and Lender, and includes without limitation all
assignments and security Interest provisions relating to the Personal Property and Rents.
Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Real Property, this
Security Instrument shall be a purchase money mortgage under 42 P.S. Section 8141.
Note. The word "Note" means the promissory note or credit agreement dated March 15, 1999, In the original principal amount of
$146,750.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
substitutions for the promissory note or agreement. The maturity date of this Mortgage is March 15, 2019. NOTICE TO GRANTOR: THE NOTE
CONTAINS A VARIABLE INTEREST RATE.
Persona( Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned
by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of,
and all subslitLtions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Mortgage" section.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and
.documents, whether now or. hereafter existing, executed in connection with the Indebtedness.
Rents. The word '"Farts" rnea ire Lill pr3sent and future rents, revonucs, inccmg?. !--ups, roya'ties, profits, and other benefits derived from the
Property.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS,GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage
as they become due, and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the
following provisions:
Possession and Use. Until in default, Grantor may remain in possession and control of and operate and manage the Property and collect the
Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal" "release," and "threatened release" as used In this
Mortgage, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, at seq. CCERCLAJ, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499
("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S. s
Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The "hazardous waste" and "hazardous substance" shall also Include, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property, there has been no
use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on,
under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to
and acknowledged by Lender in writing, (I) any use, generation, omanufacture, sto?}rQage, treatment, disposal, release, or threatened release of any by,
BOUK th tPJ?:,O Paid' n??hq wners or occupants of the Property or (U) any actual or
hazardous waste or substance on, under, about or from
EXHIBIT 'C11
•03-15-'1999 MORTGAGE Page
Loan No (Continued)
threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by
Lender in writing, (i) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture,
store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (11) any such act* shall be
conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without tirnitafion those laws,
regulations, and ordinances described above. Grantor authorizes Lender and Its agents to enter upon the Property to make such Inspections and
tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any
Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any re?ponsibiNy or liability on the
part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantors due diligence In
Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against
Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to
indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender my directly or
indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture,
storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the
Mortgage, Including the obligation to Indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of
this Mortgage and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the I
Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of
Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable rimes to attend to I
Lender's interests and to Inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter In
effect, of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With
Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
Including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, In Lender's sole opinion,
Lender's Interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably
satisfactory to Lender, to protect Lender's Interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts
set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the
sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any Interest In the Real Property. A "sale or
transfer" means the conveyance of Real Property or any right, title or Interest therein; whether legal, beneficial or equitable; whether voluntary or
involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three
(3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial Interest in or to any land trust holding fitie to the Real Property, or
by any other method of conveyance of Real Property Interest. If any Grantor is a corporation, partnership or limited liability company, transfer also
includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership Interests or limited liability company Interests,
as the case may be, of Grantor. However, this option shall not be exercised by Lender If such exercise Is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgage.
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges
and sewer service charges levied against or on account of the Property, and shall pay when due an claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the Interest of
Lender under this Mortgage, except for the Ilan of taxes and assessments not due, and except as otherwise provided in the following paragraph.
Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to
pay, so long as Lender's Interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shell within fifteen
(15) days after the lien arises or, If a Ilan is filed, within fifteen (15) days after Grantor has notice of the Ming, secure the discharge of the lion, or If
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to tender in an amount sufficient
to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the Non. In
any contest, Grantor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notiy Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a
replacement basis for the full Insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general
liability insurance in such coverage amounts as Lender may request with Lender being named as additional Insureds In such Ilebltity Insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business Interruption and bollar Insurance
as Lender may require. Policies shall be written by such Insurance companies and in such form as may be reasonably acceptable to Lender.
Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cencM or dminished
without a minlmum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insurer's Ilabgty for !allure to give such
notice. Each irsurance•poliry also shall Include an endorsement providing that coverage in favor of Lender will not be Impaired In any way by any
act, omission or default of Grantor or any other parson. Should the Real Property at any tine become located in an area designated by the
Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood
insurance for the full unpaid principal balance of the loan, up to the maximum policy Ilmits set under the National Flood Insurance Program, or as
otherwise required by tender, and to maintain such Insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notity Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Its election, apply the proceeds
to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to
apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to
Lender. Lender shalt, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair
or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days alter their receipt and
which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this
Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds
any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor.
Unexpired Insurance at Sale. Any unexpired Insurance shall Inure to the benefit of, and pass to, the purchaser of the Property covered by this
Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each
existing policy of insurance showing: (a) the name of the insurer; (b) the risks Insured; (c) the amount of the policy; (d) the property Insured, the
then current replacement value of such property, and the manner of determining that value; and (e) the expiration date of the policy. Grantor
shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property.
EXPENDITURES BY LENDER. If Grantor falls to comply with any provision of this Mortgage, or If any action or proceeding Is commenced that would
materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems
appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for In the Note from the date Incurred or paid by
Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of MO
Note and be apportioned among and be payable with any Installment payments to become due during either (t) the term of any applicable Insurance
k-6- ... 1..1 ,.,,. 4-4-4 - .. ?...n... -_,f urhlrh will ha 4,- nnif r%avahta at !ha NnialS mahlrlty Thle.
` 03-15=1999 MORTGAGE Page
Loan No (Continued)
Mortgage also will -.%wure payment of these amounts. The rights provided for in this paragraph shall be In addition to any other rights or any rered
to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Londe
from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortga
foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage.
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, flee and dear of all liens and
encumbrances other than those set forth in the Real Property description or In any title insurance policy, tide report, or final fide opinion issued In
favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver
this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the Interest of Lender under this
Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or
cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and
attorneys' fees Incurred by Lender in connection with the condemnation.
Proceedings. If any proceeding in condemnation is tiled, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such
steps as may to necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shad be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choke, and Grantor wig deliver or cause to
be delivered to Lender such Instruments as may be requested by it from time to time to permit such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all
taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Mortgage, Including without Imitation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Mortgage or upon ail or any part of
the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or requited to deduct from payments on the
Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and
(d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shall have the same
effect as an Event of Default (as defined below), and Lender may exercise any or all of Its available remedies for an Event of Default as provided
below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above In the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage.
Security. Agreement. This Instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal
property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest In.1he Rents and Personal Property. In addition to recording this Mortgage In the real property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest.
Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which Information concerning the security Interest
granted by this Mortgage may be obtained (each as required by'the Uniform Commercial Code), are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney4n-fact are a part of this
Mortgage.
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other documents as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or
preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security Interests
created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law
or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matters
referred to In this paragraph.
Attorney-In-Fact. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney4n-fact for the purpose
of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the matters referred to In the preceding paragraph.
FULL PERFORMANCE. If *Grantor pays all the Indebtedness when* due, and otherwise performs all the obligations Imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on file evidencing Lender's security interest In the Rents and the Personal Property. Grantor will pay, If permitted by applicable law, arty
reasonable termination fee as determined by Lender from time to time.
DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default's under this Mortgage:
Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or In
any of the Related Documents.
Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement,
or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ablifty to repay the
Note or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the
Note or the Related Documents is false or misleading in any material respect, either now or at the fire made or furnished.
Defective Collateralizatlon. This Mortgage or any of the Related Documents ceases to be In full force and effect (Including failure of any collateral
documents to create a valid and perfected security Interest or lien) at any time and for any reason.
Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any partner, the Insolvency of
Grantor, the appointment of a receiver for any part of Grantor's properly, any assignment for the benefit of creditors, any type of creditor workout,
or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or
any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply
-03-15-1999 MORTGAGE
Loan No (Continued)
Page 4 1
proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to I
Lender.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied
within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option, may, but
shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory
to Lender, and, In doing so, cure the Event of Default.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance
of the Indebtedness Is Impaired.
Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the
preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) If Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, Immediately
Initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at Its option, may exercise
any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at Its option without notice to Grantor to declare the entire
Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, Including amounts
past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,
then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received in payment thereof in the name of
Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shall
satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its
rights under this subparagraph either In person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Nonjudlclal Sale. If permitted by applicable law, Lender may foreclose Grantor's Interest in all or in any part of the Personal Property or the Real
Property by nonjudicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of
the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property Immediately
upon the demand of Lender.
Other Remedies. Lender shall have all other rights-and remedies provided In this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the property marshalled. In
exercising Its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the tine after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable low,
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the
party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not
exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage
after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys'.fees at trial and on any appeal. Whether or not any court action Is involved, all
reasonable expenses Incurred by Lender that in Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of
Its rights shall become a part of the Indebtedness payable on demand and shall bear Interest from the date of expenditure until repaid at the rate
provided for in the Note. Expenses covered by this paragraph Include, without limitation, however subject to any Omits under applicable law,
Lender's attorneys' fees and Lender's legal expenses whether or not there Is a lawsuit, Including attorneys' fees for bankruptcy proceedings
(Including efforts to modify or vacate any automatic stay or Injunction), appeals and any anticipated post-Judgment collection services, the cost of
searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, and title Insurance, to the extant
permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing,
may be sent by lelefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationality
recognized overnight courier, or, If mailed, shall be deemed effective when deposited In the United States mall first class, certified or registered mail,
postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All coplss of
notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning
of this Mortgage. For notice purposes, Grantor agrees to keep Lender Informed at all limes of Grantor's current address.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given In writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Annual Repo?'ts. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified
statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shag require.
"Net operating income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the
Property.
Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. This
Mortgage shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to Interpret or define the
provisions of this Mortgage.
Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other interest or estate In the Property of any time
held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Multiple Parties. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shag mean each and
every Grantor. This means that each of the persons signing below is responsible for all obligations In this Mortgage.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be Invalid or unenforceable as to any person or
- ,-I,A - r.. ,,,.... ?. ?.. - rn -1 nlV.nr n --' 11 nirn.?m?r??^ne It foae1h1p AMV CUrh
• 03-15-1999 MORTGAGE Page
Loan No (Continued)
offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, If the offending provision cannot
so modified, it shall be stricken and all other provisions of this Mortgage In all other respects shall remain valid and enforceable.
Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding uE
and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vee
In a person other then Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or Ilablitty under
Indebtedness.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless
such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right stall operate as a waiver of
such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right
otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between
Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactlora. Whenever
consent by Lender is required In this Mortgage, the granting of such consent by Lender in any Instance shall not constitute continuing consent to
subsequent instances where such consent is required.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE HAS BEEN SINNED AND SEA4ED BY THE UNDERSIGNED.
GRANTOR:
PINO'S PIZZA
}
By: 4
TIAN ANILE, General Partner
Signed, acknowl apd Bred In thed3of:
X
Witness eF?
X l
l Witness .If .1e W Signed, acknowledged and delivered in the presence of:
X
Witness
X
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is
P.O. BOX 250, Shlppensburg, PA 17257
or Agent for Marlgages
PARTNERSHIP ACKNOWLEDGMENT
,11 1n1 No" iai Seal
STATE OF v ??, ) I.Aitzl N Morriss a. NAM Nf r 10 +
I ss Carlisle Bore, Cwnbetl .rid Coin , .,`,?O It `? • ?y`;'•.,•
My Commission Exoires ! %oc.15, c` ?? ,.• 4 i,1,(Q, •.
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IautAds$ ` ., • M Y t'
COUNTY OF s 6 ama ) ??trr(g6"?r Nurln$yl?anla Association ?t ?N. ?v
00
)INA
On this, the day of? , 19_] , before me n ;
undersigned Notary Public, personally appeare GIUSEPPE P. BASILE and SEBASTIAN ANILE who acknowledged the 'Iq %0C
designated agents of PINO'S PIZZA, a Pennsylvania partnership, and that they as such partners or designated agents, lwr6. 10'executed the foregoing Instrument for the purposes therein contained by signing the name of the partnership by themselves as (diiilgn?jetl
agents.
In witness whereof, I hereunto set my hand* and official seal.
Notary ubiic In and for the State of
LASER PRO, Reg. U.S. Pat. 3 T.M. Off., Ver. 3.26b (c) 1999 CFI ProServIess, Inc. All rights reserved. IPA-003 0555%CL.LNI
B00Ki526?AGE x973
1
? C end
Number
Description
schedule ALL THAT CERTAIN tract of land situate at the northeast
corner of Main and High Streets in the Borough of Newville,
Cumberland County, Pennsylvania, bounded and described as follows:
ON the South by main Street; on the East b
of John Reed and now or formerly of Fred Burkholder; onttheo orthy
by property now or formerly of Henry Jones; and on the West by
High Street.
CONTAINING 45 feet in fronton Main Street and extending
northwardly therefrom along the eastern line of High Street a
distance of 103 feet 10 inches, more or less, to said property now
or formerly of Henry Jones, and having thereon erected buildings
known as and numbered 1-3 East Main Street.
BEING the same premises which Lucretia Ott, et ux, by deed
dated July 16, 1987, and recorded July 21, 1987, in Deed Book U,
Volume 32, Page 864, granted and conveyed to Giuseppe P. Basile
and Joan P. Basile, husband and wife, grantors herein.
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40
L;y •! ;` i? , ? ?? ..z I ; .F?? oiJ.ce for the reco 'n of Deeds
1 R• • 1 A •w?F1 •sKand County ..
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CASE NO: 2008-01486 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
BASILE GIUSEPPE P ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BASILE GIUSEPPE P the
DEFENDANT
at 1328:00 HOURS, on the 6th day of March , 2008
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
GIUSEPPE BASILE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Postage .58
Surcharge 10.00
31Iq f os 0)7-" 00
28.58
Sworn and Subscibed to
before me this day
So Answers;
R. Thomas Kline
03/17/2008
OBRIEN BARIC SCHERER
By: /&? ? 0
Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01486 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
BASILE GIUSEPPE P ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
PINO'S PIZZA the
DEFENDANT , at 1328:00 HOURS, on the 6th day of March 2008
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
3?19?oQ ? 16.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
03/17/2008
OBRIEN BARIC SCHERER
By:
Deputy Sheriff-
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01486 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
BASILE GIUSEPPE P ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ANILE SEBASTIAN the
DEFENDANT , at 1255:00 HOURS, on the 14th day of March
at ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
SEBASTIAN ANILE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
n 00
3'19108' `-/?^'- 16. 00-
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
03/17/2008
OBRIEN BARIC SCHERER
B
A.D
2008
ORRSTOWN'BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2008-1486 CIVIL TERM
GIUSEPPE P.I' BASILE, MORTGAGE FORECLOSURE
SEBASTIAN NILE
t/d/b/a Pino's izza and
PINO'S PIZZA,
and
UNITED STATES OF AMERICA,
c/o UNITED STATES ATTORNEY :
U.S. COURT OUSE
MIDDLE DIS RICT OF PA
SUITE 220, F DERAL BUILDING
228 WALNU STREET
HARRISBURG, PA 17108
Defendants
NOTICE
You h ve 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 o, 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 HOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET ORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HI G A LAWYER.
IF YOl
TO PROVIDE
LEGAL SER`
f CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
ICES 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 DANK,
Plaintiff
V.
GIUSEPPE P. BASILE,
SEBASTIAN ILE
t/d/b/a Pino's Pizza. and
PINO' S PIZZA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1486 CIVIL TERM
MORTGAGE FORECLOSURE
and
UNITED STATES OF AMERICA,
c/o UNITED STATES ATTORNEY :
U.S. COURTHOUSE
MIDDLE DISTRICT OF PA
SUITE 220, FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17108
Defendants
III
AMENDED 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 l7257.
2.
and do busine
3.
Main Street, I
Defendants, Giuseppe P. Basile and Sebastian Anile are the general partners of
as Pino's Pizza.
Giuseppe P. Basile is an adult individual with a residence address of 1-3 East
Cumberland County, Pennsylvania 17241.
4. Sebastian Anile is an adult individual with a residence address of 20 Westgate
Drive, Mt. Hokly Springs, Cumberland County, Pennsylvania 17065.
5. Pino's Pizza is a Pennsylvania partnership with its regular place of business
located at 1-3 East Main Street, Newville, Cumberland County, Pennsylvania 17241.
6. By Deed dated March 15, 1999, Giuseppe P. Basile and Sebastian Anile t/d/b/a
Pino's Pizza as Mortgagors, made, executed and delivered a written Promissory 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 County Office of the Recorder of
Deeds of C berland County on March 16, 1999, at Cumberland County Book 1526, Page 969,
et seq., all of which pages are incorporated herein by reference and made a part hereof.
7. A true and correct copy of the aforesaid Promissory Note is attached hereto and
made a part hereof as Exhibit "B." A true and correct copy of the aforesaid recorded Mortgage is
attached here I, and made a part hereof as Exhibit "C."
8. Defendants defaulted under the terms and conditions of the Mortgage and
I-te by failing to make payment of principal and interest due since May 15, 2007
Promissory NN
and every month thereafter.
9. Under the terms of the Mortgage and Promissory Note, if any monthly payment of
principal and interest is not made when due or any other obligations of the Promissory Note or
Mortgage are not met then the entire indebtedness owing on the Mortgage and Promissory Note
obligation shall become due and payable immediately at the declaration of Mortgagee.
10. I Plaintiff as Mortgagee has exercised its option and declared the entire unpaid
balance of pribncipal and interest as immediately due and owing.
11.
Defendant,
arose by rea:
Cumberland
Recording N
12.
Note:
13.
owners of the
Defendant, United States of America, has filed the following tax lien against the
usevve P. Basile:
(a) Recording Number 20-4325 FTL in the amount of $17,055.51, which lien
i of unpaid taxes; notice of this lien was filed in the Office of the Prothonotary for
ounty by the Pittsburgh Office on August 6, 2002. A true and correct copy of
02-4325 FTL is attached hereto as Exhibit "D" and made a part hereof.
The following amounts are presently due on the said Mortgage and Promissory
Principal $126,774.10
Interest to 02/27/08 $ 10,527.12
(per diem $35.77)
Late charge $ 663.89
Reasonable attorneys fees $ 12,677.41
as fixed by Plaintiff for
purposes of this Complaint
(actual and anticipated to
10% of principal)
TOTAL $150,642.52
Giuseppe P. Basile and Sebastian Anile, are the present record owners and real
described in Exhibit "A."
14. No notice under Act 6 or Act 91 is required as the principal debt was in excess of
$50,000.00 and the property given as security is not eligible under Act 91.
Plaintiff demands judgment in Mortgage Foreclosure in the sum of
$150,642.52 plus interest thereafter at the contract per diem from February 27, 2008 and the costs
against Giuseppe P. Basile and Sebastian Anile, Mortgagors and real owners, and seeks
foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto.
Respectfully submitted,
O' , BALI & C E
1
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
I verij
correct to the
A. Baric, Esq
as well as doi
VERIFICATION
that the statements made in the foregoing Amended Complaint are true and
pest of my knowledge, information and belief. This verification is signed by David
ire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff,
anents reviewed by the undersigned as attorney for Plaintiff. This verification will
be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said veri cation. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unsworn falsific ' s to authorities.
a
David A. Baric, Esquire
Dated: v
ALL THAT C RTAIN tract of land situate at the northeast comer of Main and High Streets in
the Borough of ewville, Cumberland County, Pennsylvania, bounded and described as follows:
ON the South b main Street; on the East by property formerly of John Reed now or formerly of
Fred Burkholde ; on the North by property now or formerly of Henry Jones; and on the West by
High Street.
CONTAINING 45 feet in front on Main Street and extending northwardly therefrom:along the
eastern line of igh Street a distance of 103 feet 10 inches, more or less, to the said property now
or formerly of enry Jones, and having thereon erected buildings known as and numbered as 1-3
East Main Stre .
BEING the say
July 21, 1987,
Basile and Joe
premises which Lucretia Ott, et ex, by deed dated July 16, 1987, and recorded
i Deed Book U, Volume 32, Page 864, granted and conveyed to Giuseppe P.
P. Basile, husband and wife, grantors herein.
EXHIBIT "A"
PROMISSORY NOTE '
References in the area are for Lsnde"s use only and do not Ilmit Bxs Noicam of thN dwAnar l to
Borrower: MP 'a MN:) Lender: ORRSTOWN SANK
AST MAIN IT. Stomehadge 011106
PA 17241 P,O. Box 260
Shtpp6neburp, PA 17187
Principal Amount:
$146,750.00 Initlal Rate: 9.500%
Date of Note: March 15,199!
PROMISE TO PAY. PI
States of Aroefka, the
interest on tffa u n"M
PAYMENT. Sutn(ect to
tnads, In 210 psymentr
genre day o? sash
Merest not yN pad.
to
applying the ratio of the
days the principal balan
in writing. Union other
remaining emoud b am,
VARIABLE INTERESTI
Is the WALL STREET f
unavailable during IN t
rats upon Borrower's re
more often than each sir
will be at a rata of 1.76
an total rate of 9300!
Note will be subled to
18.000% per annum or
or mss of the followin
Borrowers payments to
amount and increase Bc
PREPAYMENT. BOnaM
by Lender In writing, rot
principal balance due au
LATE CHARGIL It a pr
Is lees.
D'S PIZZA Cearowerl ptornlMS to pay to ORRSTOWN BANK (%sn0w*h or order, b Walltl 1110ney of the Untied
t wqW amount of Oro Hundred Forty Sbt Thousand Bevan Hundred I=My A 0100 dopers (4144,700,00), togepnar with
1?cipM balance from March 15, 1999, until pad In full. The Interest rate wilt no?ri psymeM changes resulting it m changes In the Index, Borrower wilt pay no don" to
N $1,151.47 own payment. Borrower's first payment Is due April 15,1994, AM IN *mmqM psymenits am due on
onth after that. Bonowwer's ltd payment Will be due On March 15, 2019, end Will be for all p lectpal and all aotirtred
rymsnts Include principal and IMerest. The annual Interest rate for this Not6 Is computed on a 315ft basis; that is, by
nnual interest rate over a year of 260 days, multiplied by the outstanding principal balance, multiplied by the fteaW number of
Is outstanding. Borrower will pay lender at Landers address shown above or at such other place as Lender may designate
rc spread or required by appticrtble law, payments will be applied first to accrued unpad Interval, than to principal, and any
unpaid collection rests and late charges.
?TL The Interest rate on this Note is subject to change Rom lime to time based on changes in an independent Index which
IME (the "Inclwt". The Index is not necessarily the lowest rate charged Lander on fit loans. It the index becomes
m of this loan, Lender may designate a substitute Index altar notice to Borrower. Lander will iii Borrower the current Index
mL Borrower understandv that Lender may make loans tlesed on other rates as wag. The Interest rata dame will not occur
. The Index cumnty Is 7.760% per annum. The into" rate to be applied to The unpold al balance of #fla Note
percentage points over the index, adjusted u necessary for the maxfa+um role Ianilallon described below, reautttng If
par annum. Notwithstanding any other provision of this Note, the vertable Interest rate or rates provided for In no
he following nheWrtfum rate. NOTICE: Under no circumstances win the interest rata on this Note be more than the lesser of
a maximum rote allowed by applicable law. Whenever increases occur in the Intetest rats, Lander, at its option, may do am
(a)* Wawa Borrower's payments to ensure Borrowers loan will pay off by its original Anal mahnity date, (b) Incress
over accruing Interest, (c) Increase the number of Borrowers payments, and (d) continue Sonowar's payments at the same
n>fh Wo final payment
r may pay without penalty all or a portion of the amount owed earlier than N It dus. Early payments will not, unless agreed to
we Borrower of Borrowers obf0tlon to continue to make payments under the payment schedule. Rather, they will reduce the
I may result in Borrower maldng fewer payments.
mwnt is 1s days or mars late, Borrower will be charged 6.000% of the regularly scheduled payment or $50.00, whichever
DEFALLT. Borrower be In dNaull a any of the lotbwieg happens: (a) Borrower la is to make any payment when due. (b) Borrower breaks any
promise Borrower has de b Lender, or Borrower tats to comply with or to perform when due any otter term, obligalm, covenant, or condition
contained In ihiv Note or agreement related to this Note, or In any other agreement or ban Borrower has with Lander. (o) Borrower defaults under
any loan, eDft6slon of L security agreement, purchase or sales agreement. or any other agreement, In favor of any other crsdkor or person that
may matey affect an •
Related Documents
(d) Borrower's property or Borrowers ability to repay this Note or perform obfigallons, under fhb Mote or any of the
representation or statement made or furnished to Lande
b
B
B
b
h
f
N I
l
l
.
materiel room,, sither r
y
orrower or on
orn s
a
e
se or mis
a
eading In any
s
or at the time shade or fumtshed. (e) Any partner dies or any of the partners or Harrower becomes Insolvent, a receiver Is
appointed for any part Borrowers property, Borrower makes an assignment for the benefit of creditors, or any proceeding Is commenced enter by
Borrower or against under any bankruptcy or Insolvency laws. (1) Any creditor tries to take any of Borrowers properly on or in which Lender
has a Von or security I . This Includes a garnishment of any of Borrower's aooounts with Lender. (g) Any of the events described In this default
section occurs with to any general partner of Borrower or any guarantor of this Nola- (h) A material adverse change occurs In Borrower's
financial condition, or Le der believes the prospect of payment or performance of the Indebtedness Is Impaired.
If any default. other than deiault In payment. Is curable and It Borrower has not been given a notice of a broach of the same provision of tits Note
within the preceding (12) months, it may be cured (and no event of dakUt will have occurred) If Borrower, after receiving wittten notice from
Lender demanding cure of such default: (a) cures the default within Afteen (15) days; or (b) if the we requires more than 1111W (16) days,
Immediately Initiates i which Lender deems In Lender's solo disorotioon to be sufficient to cure the default and thereafter continues and completes all
reasonable and steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Up n default, Lander may. after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all
ac rpakl interest immediately due, and then Borrower will pay that amount. Lander may hire
ot pay someone else to help
J
collect this Note I Bon ,
or does not pay. Borrower also will pay Lender that amount. This Includes, subject to any Amfts under applicable law,
Lender's attorneys' fees Lender's legal expenses whether or not there b a lawsuit, Including attorneys' fees and legal expanses for bankruptcy
proceedings Qnchudlng :00s
b modify or vacate any automak stay or Injunction), appeals, and any anildpaled posHudgment collection services. if
not prohuxNed byy taw, Borrower also will pay any court costs, In addition to all other sums provided by law. It judgment is entered in
ti
i
connec
on w
th fhb Note interest will continue to accrue on this Note alter judgment at the interest rate applicable to this Note at the time judgment Is
entered. This Note h been delivered to Lander and accepted by Lender In the Commonwealth of Pennsylvania. It there Is a lawsuit,
Eorrower agrees upon rider's request to submit to the jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania.
This Note shalt be gov ad by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
RIGHT OF SETOFF. B ower grants to Lander a contractual security interest in, and hereby assigns, convoys, delivers, pladges, and transfers to
Lender all Borrowers rig t, We and Interest In and to, Borrower's accounts with Lender (whether checking, savings, or some other account), Including
without limitation all is held jointly with someone else and al accounts Borrower may open In the future, excluding however all IRA and Keogh
accounts, and all trust Me for which fie grant of a security Interest would be prohibited by law. Borrower authorizes Lender, to the extent
permuted by applicable I , to charge or setoff an sums owing on this Nate against any and all such accounts.
COLLATERAL. -nJs N to Is secured by a Mortgage dated March 18, 1989, to Lender on real property located In CUMBERLAND County,
Commonwealth of Ponns nia, an the terms and conditions of which are herby incorporated and made a part of this Note.
EXHIBIT "B"
X13-r:-=1999 PROMISSORY NOTE Pa
4oan. No (Con9nued)
liEttERAL PROM Tt# trots to payabb on demand. 'fits tndlmbr? of spedfic dotsu! praNietorle ae I?e d Long ehY not pwa?d?
ripftt to dadne of its Nofo on Its dqn and. Lender may daky w forgo en t*q any of h ft* d M%ft
„ada ri obi wIM bii?
therm. Borrower and offer ppeeho who d^ Ousranlees or endorses ft Note. to ft 0*9 dowed by kw. rlefae Prassrt6aent, de?wd for
payment. proleat and of *how. Upon my duro In the Mane of u?is No* and wom on"MAlw h ?.
signs ft NoM. as mNlar. gtrsranlor, axornrrlodation nakar or endorser. sl+all be rekeeed cram tMtb4ti OMa "aa that t.eivow
lldef
MAY rwtvw or.tadarrd telly and for any Mnpgr of Mmsj this ban, or release AM p". potw, «t?at of oot?irek of kmPdr. fd to man smlm
CdWw* anyonup" N such abo ooroo Lwddw may o? ft ban wftut t nunt of Of no%$ to OWN dhw r to p4 at whom b
modUlm lon Is made.
PRIOR TO SIMM S 1071, BORROWER BEAD AND UNDERWOOD ALL THE PROVISIONS OF TM N yM MCMINQ TM VARIAtI E
MTEREST RAT[ BIONS. SORROWEt AGREES TO THE TERMS OF M* NOTE AND ACM0WLM ;fES RMW, OF A COMMMM
COPY OF 11tE NOTE.
THIS NOTE HAS SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
PINO'$ PIZZA
M?
GILMEPYC P. anerd Partner I fGarlwM
Variable Rata. Imlalrnant- LASER M0. flea U a Pal. i T.lN. Olr Var.1leb lbf 1 YOi CFI Rolar?l.aa. ins. AU rtshb rsaarvad lPA.OIIG A65stIQl.LN
ORRSTOWN BANK
NO. BOX 250
Shippensburg, PA 1757
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. Box 250
Shfppensburg, PA
ROBERT p, "IECLER
RECORDEV! GE DEEDS
CUMBERL,A "D COUI4TY-P;1
'99 MR 16 IM 3 33
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
THIS MORTGAGE IS DATED MARCH 15, 1999, between PINO'S PIZZA, whose address Is 1-3 EAST MAIN ST.,
NEWVILLE, PA 1724111 (referred to below as "Grantor"); and ORRSTOWN BANK, whose address is P.O. Box 250,
Shippensburg, PA 1 257 (referred to below as "Lender").
GRANT' OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and
mortgages to Lender all of Grantor's right, ttle, and Interest In and to the following described real property, together with all existing or subsequently
erected or affixed builds , Improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties,
privileges, tenements, here Laments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect t etc; alt water, water rights, watercourses and ditch rights (including stock in utilities with ditch or Irrigation rights); and all
other rights, royalties, and p ofits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located
in CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"):
SEE ATTACHD
The Real Property or Its address is commonly known as 1-3 EAST MAIN ST., NEWVILLE, PA 17241.
Grantor presently assigns t Lender all of Grantor's right, title, and Interest in and to all leases of the Property and all Rents from the Property. In
addition, Grantor grants to ender a Uniform Commercial Code security Interest in the Personal Property and Rents.
DEFINITIONS. The followi words shall have the following meanings when used in this Mortgage. Terms not otherwise defined In this Mortgage shall
have the meanings aftrib to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts In lawful money of
the United States of Am
Grantor. The word antor" means PINO'S PIZZA. The Grantor is the mortgagor under this Mortgage.
Guarantor. The word "Guarantor" means and Includes without limitation each and all of the guarantors, sureties, and accommodation parties in
connection with the In ebledness.
Improvements. The word improvements" means and includes without limitation all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by
Lender to discharge ligatfons of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with
Interest on such amou is as provided in this Mortgage.
Lender. The word 'L ndee means ORRSTOWN BANK, its successors and assigns. The Lender Is the mortgagee under this Mortgage.
Mortgage. The wor "Mortgage" means this Purchase Money mortgage between Grantor and Lender, and includes without limitation all
assignments and secu ty interest provisions relating to the Personal Property and Rents.
Purchase Money m gage. If any of the debt secured by this Security Instrument Is lent to Borrower to acquire title to the Real Property, this
Security Instruments II be a purchase money mortgage under 42 P.S. Section 8141.
Note. The wad "No " means the promissory note or credit agreement dated March 15, 19%, In the original principal amount of
$146,750.00 from rantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
substitutions for the p omissory note or agreement. The maturity date of this Mortgage Is March 15, 2019. NOTICE TO GRANTOR: THE NOTE
CONTAINS A VARI INTEREST RATE.
Personal Property. he words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned
by Grantor, and now hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of,
and all substitutions f , any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of
premiums) from any is or other disposition of the Property.
Property. The word Property" means collectively the Real Property and the Personal Properly.
Real Property. The ords "Real Property" mean the property, interests and rights described above in the "Grant of Mortgage" section.
Related Document The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environ ntal agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments, agreements and
documents, whether ow or hereafter existing, executed In connection with the Indebtedness.
Rents. The word 'F nts' rneatez? L;1 pr3sent and future reads, revenues. lnc: m,?. 'sties, royalties, profits, and other benefits derived from the
Property.
THIS MORTGAGE, INCL OING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND ' (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE R ATED DOCUMENTS. THIS MORTGAGE IS,GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFOR ANCE. Except as otherwlse provided. In this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage
at thav hacnma due. and hall strictly perform all of Grantor's obligations under this Mortgage.
:-03-115=4999 MORTGAGE Pate
Loan No (Continued)
threatened fluga on or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged b
Lender in wr1U (i) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manutacturs
store, treat, d ose of, or release any hazardous waste or substance on, under, about or from the Property and (ft) any such activity "b
conducted in c pliance with all applicable federal, state, and local laws, regulations and ordinances, Including without Imitation those law.
regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such Inspections any
tests, at Grant s expense, as tender may deem appropriate to determine compliance of the Property with this section of ft Mortgage. An
Inspections or t is made by Lender shall be for Lender's purposes only and shall not be construed to create any reponsibilty or liability on th
part of Lender I Grantor or to any other person. The representations and warranties contained herein are based on Grantors due diagence I
Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future calms agalm
Lender for Inds nity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees t
indemnity and h d harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly c
Indirectly sustal or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, menutaclun
storage, disp , release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of th
Mortgage, Indu ng the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconvsyance of the Non c
this Mortgage an shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise.
Nuisance, West . Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to th
Property or any ortion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party th
right to remove, ny Umber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender.
Removal of im ovements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent c
Lender. Asa co dition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replao
such Improvente is with Improvements of at least equal value.
Lender's Right, o Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable times to attend b
Lenders interes and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance wit
effect, of all go
Disabilities Act.
Including appro'
Lenders inter
satisfactory to Le
Duty to Protect.
set forth above in
DLIE ON SALE - CON
sale or transfer, witho
transfer' means the
involuntary; whether b
(3) years, lease-option
by any other method
includes any change in
as the case may be, of
law.
Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter In
nmenW authorities applicable to the use or occupancy of the Property, including without Irritation, Ihe Americans With
ran tor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding.
to appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, In Lenders sole opinion,
In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably
der, to protect Lenders Interest.
Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, In addition to those acts
this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
ENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the
the Lenders prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "$ale or
veyance of Real Property or any right, tide or Interest therein; whether legal, beneficial or equitable; whetter voluntary or
outright sale, deed, instalment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three
contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding tiae to the Real Property, or
f conveyance of Real Property Interest. If any Grantor is a corporation, partnership or limited liability company, transfer also
ownership of more than twenty-five percent (2596) of the voting stock, partnership Interests or limited liability company Interests,
Grantor. However, this option shall not be exercised by Lender If such exercise Is prohibited by federal law or by Pennsylvania
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgage.
Payment. Grant shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges
and sewer s charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services
rendered or mat I furnished to the Property. Grantor shag maintain the Property free of all liens having priority over or equal to the interest of
Lender under this ortgage, except for the lien of taxes and assessments not due, and except as otherwise provided In the following paragraph.
Right To Comest Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to
pay, so tong as Le den's Interest In the Property is not jeopardized. If a lien arises or is lied as a result of nonpayment, Grantor shag within fifteen
(15) days after the lien arises or, if a lien Is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the Ron, or N
requested by Lend r, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient
to discharge the I n plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the Ron. In
any contest, Grant r shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as a additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payr
authorize the apps
Property.
Notice of Constm
materials are supp
or materials. Gran
cost of such impro
PROPERTY DAMAGE
ent. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shaft
Dpriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
m. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
to the Property. If any mechanic's lion, materlalmen's lien, or other lien could be asserted on account of the work, services,
will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
The following provisions relating to insuring the Property are a part of this Mortgage.
Maintenance of In ranee. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a
replacement basis or the full Insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general
liability insurance i such coverage amounts as Lender may request with Lender being named as additional Insureds In such Nablilly insurance
policies. Addition y, Grantor shall maintain such other insurance, including but not limited to hazard, business Interruption and boller Insurance
as Lender may req ire. Policies shall be written by such Insurance companies and in such form as may be reasonably acosplabls to Lender.
Grantor shall dell to Lender certlficates of coverage from each Insurer containing a stipulation that coverage will not be caflo" or fitfllft oW
without a minfmum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Inslrer's RabEly for failure to give such
notice. Each ins;dme ce•policy also shall Include an endorsement providing that coverage in favor of Lender will not be Impaired In any way by any
act, omission or ault of Grantor or any other parson. Should the Real Property at any time become located .ln an area designated by the
Director of the F Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood
1na„ranna for tha hi unnald odncloal balance of the loan, up to the maximum oollCv limits set under the National Frond rna,n•r„%a arn-am N ??
03-16=1999
Loan No MORTGAGE Page
(Continued)
Mortgage also wig •ure payment of these amounts. The rights provided for in this paragraph shall be In addition to any other rights or any remedli
to which Lender ma be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Len
from any remedy t t it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any morIM
foreclosure judgmen
WARRANTY; D SE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage.
Title. Grantor arrants that. (a) Grantor holds good and marketable title of record to the Property In foe simple, free and dear of all Pens an
encumbrances ther than those set forth in the Real Property description or In any title Insurance policy, title report, or final title opinion Issuer I
favor of, and led by, Lender In connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and
this Mortgage t Lender.
Defense of Till . Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against
lawful claims of tl persons. In the event any action or proceeding is commenced that questions Grantor's tttie or the Interest of Lender under
Mortgage, Gran or shag defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shag
entitled to pate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,
cause to be deli erect, to Lender such Instruments as Lender may request from time to time to permit such participation.
Compliance W Laws. Grantor warrants that the Property and Grantor's use of the Properly compiles with all existing applicable k
ordinances, and regulations of governmental authorities.
CONDEMNATION. a following provisions relating to condemnation of the Property are a part of this Mortgage.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or urcha4
in lieu of condo nation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indab
or the repair or torallon of the Property. The net proceeds of the award shag mean the award after payment of all actual tests, expenses, an
attorneys' fees i urred by lender In connection with the condemnation.
Proceedings. 1 any proceeding In condemnation is teed, Grantor shall promptly notify Lender In writing, and Grantor shag promptly take suc
steps as may to necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding. but Lender shag
entitled to p to In the proceeding and to be represented in the proceeding by counsel of Its own choke, and Grantor wig d* wr or cause t
be delivered to L nder such instruments as may be requested by it from time to time to permit such participation.
IMPOSITION OFT S, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes. fees
and charges are a p of this Mortgage:
ees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever Don is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shag reimburse Lender for all
Current jh
taxes, as below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, Including without Imitation all
taxes, feenary stamps, and other charges for recording or registering this Mortgage.
Taxes. Ting shall constitute Was to which this section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of
rized or required to deduct from payments on the
the Indebsecured by this Mortgage; (b) a specific tax on Grantor which Grantor is autho
Indebtednred by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and
(d) a specn all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor.
Subsequs. If any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shall have the same
effect as of Default (as defined below), and Lender may exercise any or all of Its available remedies for an Event of Default as provided
below ulfor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above In the Taxes and Llens
section anIts with Lender cash or a sufficient corporate surety bond or other security satisfactory to tender.
SECURITY AGREEME
Mortgage.
Security Agreem
property , and Len
Security Inter-59t.
perfect and confir
records. Lender r
Mortgage as a fin
Upon default, Gra
available to tends
*T; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
nt. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal
er shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Upon request by Lender, Grantor shall execute financing statements and take whatever other action Is requested by Lender to
is Lender's security Interest la. jhe Rents and Personal Property. In addition to recording this Mortgage In the real property
ay, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
ncing statement. Grantor shag reimburse Lender for all expenses incurred In perfecting or continuing this security Interest.
for shag assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
within three (3) days after receipt of written demand from Lender.
Addresses. The ailing addresses of Grantor (debtor) and Lender (secured party), from which Information concerning the security Interest
granted by this Mortgage may be obtained (each as required by'the Uniform Commercial Code), are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-In-fact are a part of this
Mortgage.
Further Assuranc s. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or wig cause to be
made, executed o delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reltisd, or
rerecorded, as the case may be, at such times and In such offices and places as Lender may doom appropriate, any and all such mortgages,
deeds of trust, sec rity deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other down on, as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or
preserve (a) the bl6ations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the Liens and security Interests
created by this Mo gage as first and prior Hens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law
or agreed tc the ntrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters
referred to in this p ragraph.
Attomey-In-Fact. If Grantor falls to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name of
Grantor and at Gra ton's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-Irrfact for tits purpose
of making, execufi , delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole opinion, to
accomplish the matters referred to In the preceding paragraph.
FULL PERFORMANCE.' If Grantor pays all the Indebtedness wharf due, and otherwise performs all the obligations Imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financiog
data, f nn Rio awlAa m Lanelar's sanurity interest in the Rents and the Personal Prooarty, rranrnr uM now ?r .,....++N-.+ w..'-•-• --••
- .03-15-1999 MORTGAGE Page ?
Loan No (Continued)
proceeding, prodded that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory tr
Lender.
Breach of Othe Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not reme&x
within any period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Grantor k
Lender, whether existing now or later.
Events Affectln Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes I mpetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at ft option, may, bul
shall not be req to, permit the Guarantors estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory
to Lender, and, I doing so, cure the Event of Default.
Adverse Chan A material adverse change occurs in Grantors financial condition, or Lender believes the prospect of payment or performance
of the Indebted is impaired.
Right to Cure. such a failure is curable and if Grantor has not been given a notice of a breach of the sane provision of this Mortgage within the
preceding tw (12) months, it may be cured (and no Event of Default will have occurred) If Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, Immediately
initiates steps s nt to cure the failure and thereafter continues and completes all reasonable and necessary steps sufAdent to produce
compliance as n as reasonably practical.
RIGHTS AND RE IES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its option, may exercise
any one or more oft following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Inds tedness. Subject to applicable taw, Lender shalt have the right at Its option without notice to Grantor to declare the entire
Indebtedness im tely due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Uniform Com cieI Code.
Collect Rents. ender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts''
past due and un aid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender
may require any t nant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,
then Grantor Ire ocably designates Lender as Grantors attorney4n-tact to endorse Instruments received in payment thereof In the name of
Grantor and to oVele the same and collect the proceeds. Payments by tenants or otter users to Lender In response to Lenders demand shall
satisfy the obOga for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its
rights under this ubparagraph either in person, by agent, or through a receiver.
Appoint Receive . Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and p the Property, to operate the Property preceding foreclosure or sate, and to collect the Rents from the Property and apply the
proceeds, over a d above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law.
Lenders right to he appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amou I. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foredo re. Lender may obtain a judicial decree foreclosing Grantors Interest in all or any part of the Property.
Nonjudiclal Sale. If permitted by applicable law, Lender may foreclose Grantors interest in all or In any part of the Personal Property or the Real
Property by nonju Mal sale.
Deficiency Jud I. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received om the exercise of the rights provided in this section.
Tenancy at Suit . If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled t possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of
the Property and hall, at Lenders option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property imnwdiatefy
upon the demand f Lender.
Other Remedies. Lender shalt have all other rights-and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Pro To the extent permitted by applicable law, Grantor hereby waives any and all right to have the property marshalled. In
exercising its righ and remedies, Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate
sales. Lender shat be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sate. L rider shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any private sale or other intended disposition of the Personal Property Is to be made. Unless otherwise required by applicable law,
reasonable notice hall mean notice given at least ten (10) days before the time of the sale or disposition.
Waiver; Election f Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the
party's rights of to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not
exclude pursuit of ny otter remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage
after failure of Gran or to perform shall not affect Lenders right to declare a default and exercise Its remedies under this Mortgage.
Attorneys' Fees; penses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the c urt may adjudge reasonable as attorneys'. fees at trial and on any appeal. Whether or not any court action Is involved, all
reasonable expen s incurred by Lender that in Lenders opinion are necessary at any time for the protection of its Interest or the enforcement of
Its rights shall bec e a part of the Indebtedness payable on demand and shall bear Interest from the date of expenditure until repaid at the rate
provided for in the Note. Expenses covered by this paragraph include, without limitation, however subject to any Omits under applicable law,
Lenders attorneys' fees and Lenders legal expenses whether or not there Is a lawsuit, Including attorneys' teas for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or Injunction), appeals and any anticipated posHudgment collection services. the cost of
searching records, btaining title reports (Including foreclosure reports), surveyors' reports, and appraisal less, and title Insurance, to the extent
permitted by apps ble taw. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES TO GRANTO AND OTHER PARTIES: Unless otherwise provided by applicable law, any notice under this Mortgage shall be In writing,
may be sent by telefacs Ile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally
recognized overnight co vier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, cartifled or registered mail,
oostaos orwald, direr to the addresses shown now the beginning of this Mortgage. Any party may charge its address for notices under Oft
03-15-1999 MORTGAGE Page
Loan No (Continued)
offending pro lion shall be deemed to be modified to be within the limits of enforceability or vallft however, H the offending provision cannot t
so modified, It shall be striolm and all other provisions of this Mortgage in all other respects shall remain valid and enforceable.
Successors Assigns. Subject to the limitations stated In this Mortgage on transfer of Grantor's interest, this Mortgage shall be birt?ng tlpc
and Inure to t benefit of the parties, their hairs, personal representatives, successors and assigns. If ownership of the Property becomse vsstt
In a person of than Grantor, Lender, without not1ce to Grantor, may deal with Grantor's successors with reference to this Mortgage and It
indebtedness y way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under th
Indebtedness. ?.
Time is of the seance. Time Is of the essence in the performance of this Mortgage.
Waivers and onsents. Lender shall not be deemed to have waived any fights under this Mortgage (or under the Related Documents) unlae
such waiver is n writing and signed by Lender. No delay or omission on the part of Lander In exercising any right shall operate as a waiver 1
such right or a y other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiwr of or prejudice the party% rigl
otherwise to nd strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dsafblp betwee
Lender and G ntor, shell constitute a waiver of any of Lenders rights or any of Grantors obligations as to any future transactions. Whenew
consent by Le is required in this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent t
subsequent Ins nces where such consent is required.
GRANTOR ACKNO GES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE AS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
Signed, aclmowyK(*-spQered In theme of:
Signed, acknowledged and delivered in the presence of:
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is
P.O. Box 250, Shippe sburg, PA 17257
arAW1 rarMarlgap s
STATE
COUNTY OF
On this, the 1 -/
undersigned Notary Pk
designated agents of I
executed the foregoing
agents.
QOAG
CERTIFICATE OF RESIDENCE
PARTNERSHIP ACKNOWLEDGMENT
F WA,..iat Seal
7c'?sldlalakP- W . Monis.,a, NAM, f ill
Curnbell .till
(R
2Wj
1 ) ss My oommiesk)n Expires lh c. i? : •' . •• c . -.
vvmb6'-?r, Runnyluarlt Association %)4f 4•r.
day of? , 199 i before me r;Tn
blic,personally appeare GIUSEPPE P. BASILE and SEBASTIAN ANILE who acknowledged the iq ,t,. oy
INO•S PIZZA, a Pennsylvania partnership, and that they as such partners or designated` _agents, belro, •1e-
Instrument for the purposes therein contained by signing the name of the partnership by themselm as
In witness wheleo4 t hereunto set my hand'and official seat.
u„re... .i+lln In en.i ter 1?.a N.•.. ? nl? ? ?MI/y _
t
she
UIe ? Land
Description
Number
ALL THAT CERTAIN tract of land situate at the northeast
corner of Main and High Streets in the Borough of Newville,
Cumberlan County, Pennsylvania, bounded and described as follows:
ON t e South by main Street; on the East by property formerly
of John R ed and now or formerly of Fred Burkholder; on the North
by proper y now or formerly of Henry Jones; and on the West by
High Streit.
CONTAINING 45 feet in fronton Main Street and extending
northward y therefrom along the eastern line of High Street a
distance of 103 feet 10 inches, more or less, to said property now
or former y of Henry Jones, and having thereon erected buildings
known as Ind numbered 1-3 East Main Street.
BEIN
dated Jul
Volume 32
and Joan
A 353!34
the same premises which Lucretia Ott, et ux, by deed
16, 1987, and recorded July 21, 1987, in Deed Book U,
Page 864, granted and conveyed to Giuseppe P. Basile
Basile, husband and wife, grantors herein.
tats of Penns';lYania
;?;,Y . ,• , , ?r. i ... .?,t4.?f o;'r c' 86
o' "may ?tr? : =-r 1^ hn ucf:ce for the reco
C1 ti GY`?+S ';die
r, :-,c f -errand County.
G?1 o? . _'`'••"`='-p.j•c:~ s:, ,y han ?al of off'
} ??`k?;?..• •? Record
Bnntc'? ??? e.? _4317A
of Deeds
.fig
49
Form 668 (Y)(c)
(Rev. October 2000)
Department of the Treasury - Internal Revenue Service
Notice of Federal Tax Lien . bs . S F r4
Area: Serial Number For Optional Use by Recording Office
SMALL BUSINES /SELF EMPLOYED AREA #3 A? p
T
Lien Unit Phone: (800) 829-3903 230293672
As provided by ecdon 6321, 6322, and 6323 of the internal Revenue 2 so
Code, we are g a notice that taxes (including Interest and penalties)
have been asse ed against the following-named taxpayer. We have made
a demand for ent of this liability, but it remains unpaid. Therefore,
there Is a Ben In favor of the United States on all property and rights to
property bed to this taxpayer for the amount of these taxes, and
additional pe es, Interest, and costs that may accrue. `-
Name of Taxpayer GIUSEPPE P BASILE z^ti 'i
chi' zy
Residence E MAIN ST r'
WVILLE, PA 17241-1110
NT R LEASE INFORMATION: For each assessment listed below,
e of t lien is refiled by the date given in column (e), this notice shall,
F
follow g such date, operate as a certificate of release as defined
5(a).
IRC
T Period Date of Last Day for Unpaid Bahnce
Kind of Tax nding Identifying Number Assessment Refl111ng of Assessment
a b c d e
1040 12j 1/1995 167-66-5120 09/23/1996 10/23/2006 174.12
1040
1 12/ 1/1996 167-66-5120 05/13/2002 06/12/2012 2113.36
1040 12/ 1/1997 167-66-5120 05/27/2002 06/26/2012 7011.84
1040 12/ 1/1999 167-66-5120 04/29/2002 05/29/2012 1170.13
1040 12/ 1/2000
I 167-66-5120 08/06/2001 09/05/2011 6586.06
Place of Filing
otnonotary
mberland County
rlisle, PA 17013
Total 1$ 17055.51
This notice was prepared and signed at PITTSBURGH, PA
the 06th day o August 2002
, on this,
Signaturic -- Title
.?, ACS 23-00-0008
for L LEDER (800) 829-3903
(NOTE: Certificate of Qfficer authorized by law to take a ebf*nt 8t essential to the validity of Notice of Federal Tax lien
Rev. Rut. 71-466,1971 - 2 C.B. 409) X 11 1 t
Form dsA/vv,% ??--•
Part 1 - Kept By Rwordlair CM-
1!R'f1 S31t ?1J:: iJ 1 EGG
3OV4135 3;1td . ? ? r,1,?J3l.M
! f =£ Wd £- 43S 1001
?
?
t^" , ? .?!
u? ? ? ? '?
?
?
, ?
? ?
ORRSTOW BANK,
N Plaintiff
V.
GIUSEPPE BASILE,
SEBASTIA ANILE
t/d/b/a Pino' Pizza and
PINO' S PIZ A,
and
UNITED ST TES OF AMERICA,
c/o UNITED STATES ATTORNEY :
U.S. COUR HOUSE
MIDDLE DI TRICT OF PA
SUITE 220, EDERAL BUILDING
228 WALN T STREET
HARRISBU G, PA 17108
Defendants
I,
hereby
following
DATE: April ? 0, 2008
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1486 CIVIL TERM
MORTGAGE FORECLOSURE
PROOF OF SERVICE
A. Baric, Esquire, attorney for the Plaintiff in the above-captioned action, do
iN that I served certified true and correct copies of the Amended Complaint upon the
via U.S. first class mail on April 10, 2008.
Giuseppe P. Basile
1-3 E t Main Street
Newv lle, Pennsylvania 17241
Pino's Pizza
1-3 E st Main Street
Newv'lle, Pennsylvania 17241
Sebastian Anile
20 Westgate Drive
Mt. Holly Springs, Pennsylvania 17065
United States of America
c/o U.S. Attorney
Middle District Of Pennsylvania
Federal Building
228 Walnut Street, Suite 2
Harrisburg, P sylvani ,08
David A. Baric, Esquire
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1. ORRSTOWN BANK,
Plaintiff
V.
GIUSEPPE P. BASILE,
SEBASTIAN ANILE
t/d/b/a Pino's Pizza and
PINO' S PIZZA,
and
UNITED STATES OF AMERICA, :
c/o UNITED STATES ATTORNEY :
U.S. COURTHOUSE
MIDDLE DISTRICT OF PA
SUITE 220, FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17108
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1486 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Amended Complaint filed in
this matter on April 10, 2008.
Respectfully submitted,
Date: ?¢ 10/n
OBARIC JSRER
David A. Baric, Esquire
I.D. #44853
If West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
04/10/2008 10:55 7172495755 OBS PAGE 02
VERIFICATION
I, Betsy Smith, verify that the statements made in the foregoing Amended Complaint are true
and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18 Pa.C,S.
§4444 relating to unsworn falsifications to authorities.
Date: ?/- iC) o P
etsy Smith
Orrstown Bank
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ORRSTOWN BANK,
Plaintiff
V.
GIUSEPPE P. BASILE,
SEBASTIAN ANILE
t/d/b/a Pino's Pizza and
PINO' S PIZZA, ;
and
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1486 CIVIL TERM
MORTGAGE FORECLOSURE
UNITED STATES OF AMERICA,
c/o UNITED STATES ATTORNEY :
U.S. COURTHOUSE
MIDDLE DISTRICT OF PA
SUITE 220, FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17108
Defendants
STIPULATION
It is hereby stipulated and agreed by and between Orrstown Bank, plaintiff and the
defendant, United States of America, as follows:
I . That the premises referred to in the Complaint is owned by the defendants,
Giuseppe P. Basile and Sebastian Anile.
2. The plaintiff filed an action in mortgage foreclosure to the above number and
term, and named as defendants, Giuseppe P. Basile and Sebastian Anile.
3. The parties hereby agree that the United States of America shall, and hereby is,
named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seq.
4. The United States of America hereby accepts service of the Complaint and waives
its right to file an answer or other responsive pleading thereto, and waives any objection it may
have to the judgment entered against the defendant.
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5. The United States of America has a tax lien against the property
6. That the Federal tax lien referred to in paragraph "eleven" in the amount of
$17,055.51 is junior in time to the plaintiff's mortgage set forth in paragraph "six" of plaintiff's
Complaint.
7. That the defendant, United States of America, agrees to the entry in this action of
a judgment in favor of the plaintiff and against the United States of America for foreclosure and
sale of the mortgaged property.
8. That the defendant, United States of America, is not indebted to the plaintiff.
9. That the aforesaid premises shall be sold at a judicial sale, notice of which shall be
served on the defendant, United States of America.
10. That the judicial sale of said property shall discharge the Federal Tax Lien
referred to in paragraph "eleven."
11. That the proceeds of sale shall be divided and distributed as the parties may be
entitled and any funds due the United States shall be sent to the Internal Revenue Service, P.O.
Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States
Treasury" and shall include the name and social security number of the taxpayer.
12. That the defendant, United States of America, preserves its right of redemption as
provided in Title 28, United States Code, Section 2410(c).
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13. The parties to this Stipulation shall bear their respective costs in this proceeding.
Dated: By; dk4e??,Oer
David A. Baric, Esquire
O'Brien, Baric & Scherer
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
MARTIN C. CARLSON
Acting United States Attorney
Dated: u ?g By: W4 y&?
Melissa A. Swauger
Assistant U.S. Attorney
Attorney for United States of America
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ORRSTOWN BANK,
Plaintiff
V.
GIUSEPPE P. BASILE.
SEBASTIAN ANILE
t/d/b/a Pino's Pizza and
PING' S PIZ,._7.A,
and
UNITED STATES OF AMERICA, :
c/o UNITED STATES ATTORNEY :
U.S. COURTHOUSE
MIDDLE DISTRICT OF PA
SUITE 220, FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17108
Defendants
IN THE COURT OF COMMON PLIAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1486 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE TO ENTER DEFAULT JUDGMENT
PURSUANT TO Pa.R.C.P. 1037
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff, Orrstown Batik and against the Defendant,
Giuseppe P. Basile, for failure to file an answer to the Complaint of Plaintiff.
A true and correct copy of the -Notice of Default is appended hereto as Exhibit "A.'
A true and correct copy of the Certificate of Mailing; for the Notice of Default is appended
hereto as Exhibit "B." I certify that the Notice of Default was given in accordance Zvi th
Pa.R.C.P. 23 7.1.
Plaintiff'requests judgment in the amount of $150,642.52 as set forth in the Complaint
together with interest in the amount of $2,933.14 for a total of $153,575.64.
Respectfully submitted,
O' RIENB,A-?I fC & S, , RER.
David A. Basic, Esquire
I.D. # 44853
19 West South Street
Carlisle. Pennsylvania 17013
(717) 249-68"73
CERTIFICATE OF SERVICE
I hereby certify that on May i_9, 2008, I, David A. Baric, Esquire, of O'Brien, Baric &.
Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant Tr) Pa.R.C.P. 1037,
by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Giuseppe P. Basilc
1-3 East Main Street
Newville, Pennsylvania 17241
Pino's Pizza
1-3 East Main Street
Newville, Pennsylvania ] 7241
Sebastian Anile
20 Westgate Drive
Mt. Holly Springs, Pennsylvania 17065
Melissa Swauger, Esquire
Assistant U.S. Attorney
Attorney for United States of America
U.S. Courthouse
Middle District of Pennsylvania
Federal Building
228 Walnut Street, Suite 220
Harrisburg, Pennsylvania 17108
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David A. Baric, Esquire
ORRSTO«TN BANK, ; IN THE COURT OF COMMON PLEAS 01
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008- 1486 CIVIL TERM
GIUSEPPE P. BASILE, MORTGAGE FORECLOSURE
SEBASTIAN ANIL:E
t/d/b/a Pino's Pizza and
PINO'S PIZZA,
Defendants
TO: Giuseppe P. Basile
1-3 East Main Street
Newville, Pennsylvania 17241
Date of Notice: May 7, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULTBECAUSE 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 5'OUR 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; "CO 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 AND SC ER
1--)avid A. Baric, Esquire
t 9 West South Street
( 'arlisle, PA 17013
(717) 249-6873
Exhibit "A"
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From
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One piece of ordinary mail addressed to:
i(11r1"rX"" _
PS Form 3817, January 2001
Exhibit- "B"
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ORRSTOWN BANK,
Plaintiff
V.
GIUSEPPE P. BASILE,
SEBASTIAN ANILE
t/d/b/a Pino's Pizza and
PINO' S PIZZA,
and
UNITED STATES OF AMERICA, :
c/o UNITED STATES ATTORNEY :
U.S. COURTHOUSE
MIDDLE DISTRICT OF PA
SUITE 220, FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17108
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1486 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please mark the judgment entered in this matter against Giuseppe P. Baisle t/d/b/a Pino's
Pizza and Pino's Pizza on May 19, 2008 as having been satisfied.
Date: June 30, 2009
Respectfully submitted,
O' N, B,ARI S R
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/orrstownbanWpino's/satisfyj udgment.pra
CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2009, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to
the parties listed below, as follows:
Guiseppe P. Basile
1-3 East Main Street
Newville, Pennsylvania 17241
Sebastian Anile
20 Westgate Drive
Mt. Holly Springs, Pennsylvania 17065
Pino's Pizza
1-3 East Main Street
Newville, Pennsylvania 17241
Melissa Swaunger, Esquire
Assistant U.S. Attorney
U.S. Courthouse
Middle District Of Pennsylvania
228 Walnut Street, Suite 220
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
ALM-O.-F 'OE
OF THEE FEE" !f`?r Y
2009 J0H 30 AM 11: 35
ORRSTOWN BANK,
Plaintiff
V.
GIUSEPPE P. BASILE,
SEBASTIAN ANILE
t/d/b/a Pino's Pizza and
PINO' S PIZZA,
and
UNITED STATES OF AMERICA,
c/o UNITED STATES ATTORNEY :
U.S. COURTHOUSE
MIDDLE DISTRICT OF PA
SUITE 220, FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17108
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-1486 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued without
prejudice.
Date: June 30, 2009
Respectfully submitted,
O' , BARIC & SCHERER
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David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/orrstownban Wpino's/discontinuelpra
71
CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2009, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the
parties listed below, as follows:
Guiseppe P. Basile Pino's Pizza
1-3 East Main Street 1-3 East Main Street
Newville, Pennsylvania 17241 Newville, Pennsylvania 17241
Sebastian Anile Melissa Swaunger, Esquire
20 Westgate Drive Assistant U.S. Attorney
Mt. Holly Springs, Pennsylvania 17065 U.S. Courthouse
Middle District Of Pennsylvania
228 Walnut Street, Suite 220
Harrisburg, Pennsylvania 17108
f?
/AA/
David A. Baric, Esquire
OF THE FR;?4.ONOTARY
2003 JUN 30 A1?911: ? 5