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HomeMy WebLinkAbout08-2976ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008- p.7?, CIVIL ACTION-LAW BRANDON D. ENCK, Defendant. REPLEVIN 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, Plaintiff, V. BRANDON D. ENCK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 2 9 7 4, Tu-m' CIVIL ACTION-LAW REPLEVIN 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. Plaintiff, Orrstown Bank, is a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Brandon D. Enck, is an adult individual with a last known residence address of 57 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about May 7, 2007, Enck borrowed the sum of $5,150.68 from Orrstown Bank ("Loan"). 4. In connection with this Loan, Enck executed and delivered to Orrstown Bank a Promissory Note. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated by reference. 5. In connection with this Loan, Enck executed and delivered to Orrstown Bank a Consumer Security Agreement. A true and correct copy of the Consumer Security Agreement is attached hereto as Exhibit "B" and is incorporated by reference. 6. As further security for the Loan, Enck delivered to Orrstown Bank a title for a 2001 Harley Davidson Motorcycle. A true and correct copy of the certificate of title for the Motorcycle is attached hereto as Exhibit "C" and is incorporated by reference. 7. Defendant has defaulted under the terms of the Promissory Note and Consumer Security Agreement. Defendant has failed to make the monthly payments due beginning December, 2007 and every month since then. 8. Orrstown Bank has attempted to repossess the Motorcycle and has been unable to find the Motorcycle. 9. It is believed, and therefore averred, that Defendant has and is concealing, hiding and otherwise taking steps to prevent repossession of the Motorcycle by Orrstown Bank. 10. The personal property to be replevied is described as a 2001 Harley Davidson Motorcycle with VIN 1HD1CGPI I IK110353. 11. The value of the Motorcycle is $3,570.00 (low retail), $4,695.00 (average retail), $8,315.00 (suggested list price). 12. The Promissory Note provides for the recovery of attorney fees incurred by Orrstown Bank to enforce collection of the debt. WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant together with costs and expenses, attorney fees and that the Motorcycle be delivered over to Plaintiff. D? 0"Artfi,lly enhmitted_ I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff David A. Baric, Esquire 04/25/2008 10:21 7172495755 OBS PAGE 05 )MRMC_ATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 4/, a,/ d ? Be y Smith, Collector Orrstown Bank PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or Anv item above containing " has been omitted due to text length limitations. Borrower: Brandon D Erick ISSN: 203-62-3423) Lender: ORRSTOWN BANK 57 Channel Drive HANOVER STREET OFFICE Carlisle, PA 17013 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $5,150.68 interest Rate: 16.500% Date of Note: May 7, 2007 Maturity Date: May 7, 2010 PROMISE TO PAY. I ("Borrower") promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Five Thousand One Hundred Fifty & 68/100 Dollars ($5,150.68), together with interest at the rate of 16.500% per annum on the unpaid principal balance from May 7, 2007, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. I will pay this loan in 36 payments of $182.49 each payment. My first payment is due June 7, 2007, and all subsequent payments are due on the same day of each month after that. My final payment will be due on May 7, 2010, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Interest on this Note is computed on a 3651365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT. 1 may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. 1 agree not to send Lender payments marked "paid in full", "without recourse% or similar language. If 1 send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, I will be charged $2.50. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan 1 have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, 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 any Event of Default. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve 0 2) months, it may be cured if I, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen 0 5) days; or 12) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. EXHIBIT "A" PROMISSORY NOTE Loan No: 180034312 (Continued) Page 2 JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me against the other. DISHONORED ITEM FEE. I will pay a fee to Lender of $20.00 if I make a payment on my loan and the check or preauthorized charge with which I pay is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts 1 may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a motor vehicle described in a Consumer Security Agreement dated May 7, 2007. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Security Agreement and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ::»>(Seaq Brandon D Erick M LASER PRO L? dA Q. Va. S.96.00.004 Lop,. K.W A Fr-lid SoluRmn. ft. 1997. 2007. Riau8o7xwp. -FA c1Cfl\LfL\OZO.FC 78.16135 PRJ] C( 'SUMER SECURITY AGREEI%r IT References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containing " has been omitted due to text length limitations. Grantor: Brandon D Erick (SSN: 203-62-3423) Lender: ORRSTOWN BANK 57 Channel Drive HANOVER STREET OFFICE Carlisle, PA 17013 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 THIS CONSUMER SECURITY AGREEMENT dated May 7, 2007, is entered into between Brandon D Erick (referred to below as "I") and ORRSTOWN BANK (referred to below as 'Lender"). GRANT OF SECURITY INTEREST. To secure the Indebtedness described below (including all obligations under the Note and this Agreement), 1 grant to Lender a security interest In all of the Property described below. I understand that the following statements set forth my responsibilities, as well as Lender's rights concerning the Property. I agree as follows: ROP his Agreement " as used in ent: to word "P The descri Le der a se DESCRI the Indebtednesstand performanc of all other olt fg tons undert erNote and th sl AgreemI am in ere0t for the paymentrooperty 2001 Harley Davidson (VIN 1HD1CGP111K110353) In addition, the word "Property" also includes all the following: any and all accessions, attachments, accessories, replacements of and additions to any of the property described herein (such as tires or batteries attached to a car, a motor attached to a boat, or appliances and fixtures attached to a mobile home), whether added now or later, together with all proceeds (including insurance proceeds and refunds of insurance premiums) if any, and sums due from a third party who has damaged or destroyed the Property or from that party's insurer, whether due to judgment, settlement or other process. Despite any other provision of this Agreement, Lender is not granted, and will not have, a nonpurchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. In addition, if Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of me to Lender, then this Agreement shall not secure additional loans or obligations unless and until such notice and all material Truth-in-Lending disclosures are delivered. FUTURE ADVANCES. In addition to the Note, this Agreement secures all future advances made by Lender to me regardless of whether a) the Lender is required by any agreement with me to extend the advance or b) the advance is made for the same purposes. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. REPRESENTATIONS AND PROMISES WITH RESPECT TO GRANTOR. I represent and promise to Lender that my correct legal name and address is: Brandon D Erick, 57 Channel Drive, Carlisle, PA 17013. REPRESENTATIONS AND PROMISES WITH RESPECT TO THE PROPERTY. I represent and promise to Lender that: Ownership. I am the lawful owner of the Property. The Property is free and clear of all loans, liens, security interests, mortgages, claims, and encumbrances except for those I have disclosed to Lender in writing prior to my signing this Agreement. I agree to defend Lender's rights in the Property against the claims and demands of all persons. I will not allow any other liens on the Property, even if they are junior to Lender's lien. I have the full authority and right to enter into this Agreement and to grant a security interest in the Property to Lender. No Sale. Without Lender's prior written consent, 1 will not sell, lease, transfer, borrow against, or otherwise dispose of any of my rights in the Property unless and until all the Indebtedness is paid in full. Location of the Property. Except for vehicles, 1 agree to keep the Property at my address shown above unless Lender tells me I can move it. If the Property is a vehicle, I will keep the Property at those addresses except for routine travel. I will not do anything that requires applying for a certificate of title for the vehicle in another state. If 1 move from my address shown above to another location within the same state, I may move the Property to my new address, but only if I give Lender the new address in writing prior to my moving. In any event, I agree to keep Lender informed at all times of my current address. Maintenance and Insurance. I will keep the Property in good condition and repair. If the Property is damaged, lost or stolen, I immediately will inform Lender. I will keep the Property fully insured against all loss or damage by fire, theft, collision, and such other hazards as Lender may require from time to time. The insurance will be on terms, including deductible provisions and endorsements, that are satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender and not including any disclaimer of the insurer's liability for failure to give such notice. I understand I may obtain insurance from any insurance company I may choose that is reasonably acceptable to Lender. I will provide Lender with the original insurance policy, or other proof satisfactory to Lender of the insurance coverage, together with all endorsements required by Lender, including an endorsement naming Lender as the party to whom all losses will be paid. If Lender receives a refund of any insurance premiums, I agree that the refund is Property covered by this Agreement. Lender may apply the refund to payment of any of the Indebtedness. Any insurance policy which I deliver to Lender will be held to secure payment of the Indebtedness. Until all Indebtedness is paid in full, Lender is authorized, but shall not be required, to file any proof of loss, adjust any loss, receive and receipt for any sum payable, surrender any policy, discharge and release any insurer, endorse any loss or refund check,or draft, and in general do in my name, or otherwise, any and all things with respect to the insurance or any insurance proceeds. Licensing and Governmental Regulations. I agree to keep the Property licensed at all times as required by all applicable state and federal laws. In addition, 1 agree to pay when due all license fees, taxes and assessments relating to the Property or the use of the Property. I further agree that the Property will not be used for any unlawful purpose or in violation of any statute, law, ordinance, or regulation relating to the use, operation, or control of the Property. Inspection. I agree that Lender or Lender's agents shall have the right from time to time to inspect the Property wherever located. EXHIBIT "B" ONSUMER SECURITY AGREEME' Loan No: 180034312 (Continued) Page 2 Financing Statements. I authorize Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender's security interest. At Lender's request, I additionally agree to sign all other documents that are necessary to perfect, protect, and continue Lender's security interest in the Property. 1 will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Lender is required by law to pay such fees and costs. I irrevocably authorize Lender to execute documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. If I change my name or address, or the name or address of any person granting a security interest under this Agreement changes, I will promptly notify the Lender of such change. LENDER'S EXPENDITURES. If I fail (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on my behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by me. All such expenses will become a part of the indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. DEFAULT. I will be in default if any of the following happens: Payment Default. I fail to make any payment when due under the Indebtedness. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Agreement or in any agreement related to this Agreement. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. I die or become incompetent or insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against. Insecurity. Lender in good faith believes itself insecure. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, 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 any Event of Default. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if 1, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. I may keep and use the Property so long as I am not in default under this Agreement. If I am in default, this is what Lender may do, in addition to any other rights Lender may have: Accelerate Indebtedness. Lender may declare all Indebtedness immediately due and payable, without notice. Other Rights and Remedies. In addition, Lender will have all the rights of a secured party under the Uniform Commercial Code and other applicable law. This means, among other rights, that Lender may enter upon the premises at the address shown above and take the Property peaceably and sell it. Lender may also, to the extent permitted by law, enter peaceably upon other premises for the purpose of retaking the Property, and I consent to such entry. If the Property contains any goods not covered by this Agreement at the time of repossession, I agree that Lender may take such goods, provided that Lender makes reasonable efforts to return them to me after repossession. If Lender asks me to do so, I will gather the Property and make it available to Lender at a place reasonably convenient to both Lender and me. Application of Proceeds. If Lender sells the Property, Lender will apply the "net proceeds" of the sale to reduce the amount owed Lender. "Net proceeds" means the sale price less the expenses of repossession, repair, sale, and as provided below, attorneys' fees and other collection expenses. I agree that, to the extent permitted by law, I will owe Lender any difference between the amount of the Indebtedness and the net proceeds Lender receives from the sale of the Property. Notice. Unless the Property threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give me, and other persons as required by law, reasonable notice of the time and place of any public sale or of the time after which any private sale or any other intended disposition of the Property is to be made. The requirements of reasonable notice shall be met if such notice is given at least ten (10) days before the time of the sale or disposition, except as otherwise required by applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Amendments and Interpretation. (1) What is written in this Agreement is my entire agreement with Lender concerning the Property. This Agreement may not be changed except by another written agreement between us. (2) If more than one person signs below, our obligations are joint and several. This means that the words "I," "me," and "my" mean each and every person or entity signing this Agreement, and that, if Lender brings a lawsuit, Lender may sue any one or more of us. I also understand Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Agreement are for ennvPniPnn-P nurnnses only. Thev are not to be used to interpret or define the provisions of this Agreement. (4) 1 agree that this )NSUMER SECURITY AGREEME1 (Continued) Page 3 Loan No: 180034312 Agreement is the best evidence of my agreements with Lender. Attorneys' Fees; Expenses. I agree to pay all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement or to collect the Indebtedness, and I shall pay the costs and expenses of such enforcement. Costs and expenses include ptcy Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fee an legal post judgment olru t on proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated services. 1 also shall pay all court costs, in addition to all other sums provided by law. This Agreement also secures all of these amounts. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any person may change his or her address for notices under this Agreement by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, 1 agree to keep Lender informed at all times of my current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be my responsibility to tell the others of the notice from Lender. No Waiver by Lender. I understand Lender will not give up any of Lender's rights under this Agreement unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean I will not have to comply with the other provisions of this Agreement. I also understand that if Lender does consent to a request, that does not mean that I will not have to get Lender's consent again if the situation happens again. I further understand that just because Lender consents to one or more of my requests, that does not mean Lender will be required to consent to any of my future requests. I waive presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. Successor Interests. The terms of this Agreement shall be binding upon me, and upon my heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Agreement. DEFINITIONS. The following words shall have the following meanings when used in this Agreement: Agreement. The word "Agreement" means this Consumer Security Agreement, as this Consumer Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Consumer Security Agreement from time to time. Borrower. The word "Borrower" means Brandon D Enck and includes all co-signers and co-makers signing the Note and all their successors and assigns. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement. Grantor. The word "Grantor" means Brandon D Enck. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which I am responsible under this Agreement or under any of the Related Documents. The liens and security interests created pursuant to this Agreement covering the Indebtedness which may be created in the future shall relate back to the date of this Agreement. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Agreement together with all interest thereon. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Note. The word "Note" means the note or credit agreement dated May 7, 2007, in the principal amount of $5,150.68 from Brandon D Enck to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for the note or credit agreement. Property. The word "Property" means all of my right, title and interest in and to all the Property as described in the "Property Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. 1 HAVE READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS CONSUMER SECURITY AGREEMENT AND AGREE TO ITS TERMS. THIS AGREEMENT IS DATED MAY 7, 2007. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: <ISeal) Brandon D Erick . 6.36.OD.OG Cop. ym wd romaid Sowwns. Inc. 1997, 2007. M ppnu RospvW. - IA e1CRUPU63WC TR-16135 M43 1s.•4^9• Vs, LASER Mb C;ER IFICATE OF JTLE?.FOR A VEHICLE R. 32Ij??I3?S?fl??9?7 0Q1 , ?j? ?? ?1 Y ?1'f?.fC?? ?? ? OF VEHICLE - TITLE NUMBER, e .wS . - YEAR •1(,1pFFFPICAtON NUMBER O PRQOD D!,lTE ODOM kL.ES ;..^ n }COCA STATUS- ? Kk t'a. o yt30DY TKPE.eI#?. i-1 ?? r SEAT CAP PRIOR TITLE 5TATE''•b K- ?"ekr.' ''e i. .. ._ ._.. ee?? ii ••YY 33L( 3 11,.FS??77 Td .,, ? '?.?B 7'/'•I?.7S..._i C / tlL .'"1 ... cuwcv liT. . ,... G&A TrrLE BRANDS GVWR VI W W N -TQ V 1. EXEMPT OM ODOMETER DISCLOSURE aC T 1 ^TTTL.E BRAIDS LSTEBED OWNEP,SS - A . AntIYri1E VEHICLE L -.CLA$,SrC VEHiI Pt A34 Y I ,: O ?COLLECTIQLI: . 'F .OUT OF CQUNTRY y G = OR1I,INAC£%?Ii1FCaO ;FOR NON-U 5 zv, D 1"t .E'. H : AGRICULTURAL VFJiICLE N L . LAGGING VEHICLE Q' p r'}• . ''7'l ?; y. P . 1."iIWAS A POLICE VEHICLE T O LJ JJ R . REGONS7RUCTED flILI NG SAGS PA ,7i](17 . S.STREET ROD T = RECOVERED THEFT VI7tIOLE q V AINS REISSUED VIN . V,eL{ICLE'CONT -# ?. ^rr r v` e w FL?TOD yEli)cLE 7 'iSNJAS A?AXI Ya ?AVO(LOf E5 ENfhY SECON6LJE4 ?" N • h ? n a ,a rbNwkf?r ;a -fisted L x- ,Iianhalrecm.ut -ficnaed 'this 7 SECOND LIEN RELEASED DATE - - RY -..gUCHORIZEDAEPRESENTATVE ,MAILING ADDRESS _ - BY AUTHORIZED REPRESENTATVE 031036 DRRISTDWN BANK P ": fl ,B{lX 25t3 Sf#I<'P:£I+LSBIJt"G I' A 17257 I , BRADLEY ` L. MALLORY' I oertty as of the date of Issue the oticial records of the Pennsylvania Department of Tranepi»rt8dori reflect,that the per4ontS)' or company clamed hareem is the lawful owner Seeretar9 of Transportation a e of to Said Ve Jde. N a c¢Purchaser other than your spouse is listed and you want the title tq ::;' Dn death Of one CRIBtcD AND SWORN f18 G5ted as t Tenants With Right of Survivorship' { r q surv vlrlg owner) CHECK kiERE O. t]therwtse tta tIt(e Fr-OR E DAY ' "+ +vnl $sfietants in Common (On :death of oneowner Interest of _ Y • - tt ? d does to hlslher heirs or estate) r$ =t'h ' {,??? -,;yetGtUT11RE of vEnson AJiAMSTERING OATH lFNOLIEN,CH5Ci(. ?r? 1ST jIENHOLDEF Y i' .. STS STATE ZIP CITY z ------------ FINANCIAL `N$770N NUMBER 2ND LIEN DATE: IF NO LIEN CHECK a odnim b iM reMeM MKrAed -^T S ]Tb ?+^d!.*!V"? M.;/;hrL •?„• auo t lnco(nohM• fY,•n•rme d TN W form M1sre. 2ND LIENHOLDER STREET - - - i ti; SJGMATURE op$PPLIGA OR AUTHORIZED SIGNER acv -' STATE ZIP FINANCIAL INSTnIMON NUMBER ' ..., °..... , t3K•NATURE OF WAI•PUOAHT7TrTLE OF AUTHORIZED SKI..VER.::.... ..... _. r. ...:... .. -? elaar?y _.er - ....r..?senSrnr yusr•s•tw EXHIBIT °C" 'J C"1 i V P a v co or n cn ORRSTOWN BANK, Plaintiff, V. BRANDON D. ENCK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 7t, CIVIL ACTION-LAW REPLEVIN MOTION FOR SEIZURE NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion for Seizure and, in support thereof, sets forth the following: 1. Plaintiff has filed an action in replevin in the above captioned matter. 2. Plaintiff's action in replevin is based upon a Promissory Note and Consumer Security Agreement executed by Defendant and delivered to Plaintiff. 3. As further security for the loan extended by Plaintiff to Defendant, Defendant provided Plaintiff with a Certificate of Title to a 2001 Harley Davidson Motorcycle, VIN #1HD1CGP111K110353. 4. Defendant has defaulted under the terms of the Promissory Note and Consumer Security Agreement by failing to make the monthly payments due beginning December, 2007 and every month thereafter. 5. Plaintiff asks for seizure of the Motorcycle and will post a bond as required by this Court. WHEREFORE, Plaintiff requests that this Court issue an Order directing seizure of the Motorcycle by the Sheriff of Cumberland County. Respectfully submitted, W N, BARK CHERE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstownbank/enck/seizure.mot 05/06/2008 11:36 7172495755 OBS VERMCATION PAGE 04 The statements in the foregoing Motion For Seizure are based upon information which has been assembled by my attorney in. this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief, J understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: s = 7 9??? Betsy J. Smith, Collector Orrstown Dank ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008- PIZ) CIVIL ACTION-LAW 0 -n BRANDON D. ENCK , n m . Defendant. r__ r REPLEVIN 0 Fn 71 rte-' ?;, N ? iY ?C' y ?C7 c a) 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, Plaintiff, V. BRANDON D. ENCK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2008- ?_? 7 6 CIVIL ACTION-LAW REPLEVIN 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. Plaintiff, Orrstown Bank, is a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Brandon D. Enck, is an adult individual with a last known residence address of 57 Channel Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about May 7, 2007, Erick borrowed the sum of $5,150.68 from Orrstown Bank ("Loan"). 4. In connection with this Loan, Erick executed and delivered to Orrstown Bank a Promissory Note. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated by reference. 5. In connection with this Loan, Erick executed and delivered to Orrstown Bank a Consumer Security Agreement. A true and correct copy of the Consumer Security Agreement is attached hereto as Exhibit "B" and is incorporated by reference. 6. As further security for the Loan, Erick delivered to Orrstown Bank a title for a 2001 Harley Davidson Motorcycle. A true and correct copy of the certificate of title for the Motorcycle is attached hereto as Exhibit "C" and is incorporated by reference. 7. Defendant has defaulted under the terms of the Promissory Note and Consumer Security Agreement. Defendant has failed to make the monthly payments due beginning December, 2007 and every month since then. 8. Orrstown Bank has attempted to repossess the Motorcycle and has been unable to find the Motorcycle. 9. It is believed, and therefore averred, that Defendant has and is concealing, hiding and otherwise taking steps to prevent repossession of the Motorcycle by Orrstown Bank. 10. The personal property to be replevied is described as a 2001 Harley Davidson Motorcycle with VIN 1 HD 1 CGP 111 K110353. 11. The value of the Motorcycle is $3,570.00 (low retail), $4,695.00 (average retail), $8,315.00 (suggested list price). 12. The Promissory Note provides for the recovery of attorney fees incurred by Orrstown Bank to enforce collection of the debt. WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant together with costs and expenses, attorney fees and that the Motorcycle be delivered over to Plaintiff. Respectfully submitted, 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff David A. Baric, Esquire I.D. 44853 10:21 7172495755 OBS PAGE 05 3%RMCATI„QN The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. Y I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsifications to authorities. DATE: A-2 7, Alp -4-1 S Bey Smith, COrrstown. Bank PROMISSORY 14 TE References in the shaded area are for Lender's use only and do not limit the a Any item above containing • • • • • has been omitted due oOteM Of this document to any particular loan or Borrower' length limitations. Brandon D Erick (SSN: 203-62.3423) 57 Channel Drive Lender: ORRSTOWN BANK Carlisle, PA 1 Drive HANOVER STREET OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $5,150.68 Interest Rate: 16.50096 Date of Note: May 7, 2007 Maturity Date: May 7. 2010 PROMISE TO PAY. I ('Borrower') promise to pay to ORRSTOWN BANK ('Lender'), or order, in lawful money of the the principal amount of Five Thousand One Hundred Fifty & 68/100 Dollars (55,150, rats of 16. United State of America, annum on the unpaid principal balance from May 7, 2007, until paid in full. The interest68) ' `?% per INTEREST AFTER DEFAULT' section. .ratetogether may wichangeth (mundererest the at the terms and conditions of the PAYMENT. I will pay this loan in 36 payments of $182.49 each payment. My first payment is due June 7, 2007, and all subsequent are due on the same day of each month after that. My final payment will be due on May 7, 2010, and will be for all principal and all accrued payments interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any late charges; and then to any unpaid collection costs. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT. 1 may pay without penalty all or a by Lender in writing, relieve me of my obligation to portion continue to make payments under the payment schedule Early . Rather payments ear will not, unless agreed to the principal balance due and may result in my making fewer payments. 1 agree not to send Lender payments marked "paid in full", recourse", or similar language. If I send such a payment, ? IY Payments will reduce remain obligated to pay any further amount owed to Lender. All written communicati nsoco cerning of Lender's rights uner this Ne, and I disputed amounts,includ including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, I will be charged $2.50. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. 1 fail to make any payment when due under this Note. Break Other Promises. 1 break any promise made to Lender or fail to perform promptly at the time and strict/ this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. yin the manner provided in False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of m property; for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy o insolvency laws assignment Taking of the Property. Any creditor or governmental agency tries to take any of the my n has. a lien. This includes taking of, garnishing of or levying o Y property or any other of to property it which Lender claim on which the taking of the property is based is valid or easonableuand if ' g give Lender. However, whether the notice ? of the clam and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, sure disputes the validity of, or liability under, an ty, or accommodation party dies or becomes incompetent, or revokes or option, may, but shall not be required to, permit the guarantor's estate to assume 'nunconditionally ?tthe In in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. obligations arising under the guaranty Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if I, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. EXHIBIT "A" Loan No: 180034312 JURY WAIVER. Lender and 1 hereby waive the right to any jury trial in any action, proceeding. or counterclaim ought b against the other. Y either Leder or me DISHONORED ITEM FEE. 1 will pay a fee to Lender of $20.00 if 1 make a payment on my loan and the check or preauthorized charge with which 1 pay is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts 1 hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited b law. Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, And, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided authorize paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the securi described in a Consumer Security Agreement dated May 7, 2007, ty instrument listed herein: a motor vehicle PROPERTY INSURANCE. I understand that 1 am required to obtain Insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Security Agreement and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we re information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257 port any inaccurate GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or guarantor, accommodation maker or parties also agree that Le der may modify this tloan without ?theacons ntlof or ot cetoranyone other than the is made. The obligations under this Note are joint and several. This means that the words '1", "me", and interest my m mean each and all of the persons signing below. party with whom the modification PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE the I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: 2220 iSeal) iranion Enck?? PROMISSORY NOTE (Continued) Pana 7 WER yRo Lwwk • V.. 5.3&W.ON Coy...-.-- F'nEncY S t-- Inc. 1"7'2007- AE K gnu Rosnvp. - PA y:ICFlLLfE1020.7C 7M16175 Ct 'SUMER SECURITY AGREEIV IT Nitub References in the shaded area are for Lender's use only and do not limit the a t?GI ZO1 any particular loan or item. Any hem above containing "• • •" has been omitted d e tortext of lethis ngth limitations. *h Grantor: Brandon D Erick (SSN: 203-52-3423) 57 Channel Drive Lender: ORRSTOWN BANK Carlisle, PA 17013 HANOVER STREET OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 ..THIS CONSUMER SECURITY AGREEMENT dated May 7, 2007, Is entered into between Brandon D Erick (referred to below as '1") and ORRSTOWN BANK (referred to below as "Lender"). GRANT OF SECURITY INTEREST. To secure the Indebtedness described below (including all obligations under the Note and this Agreement), 1 grant to Lender a security interest in all of the Property described below. I understand that the following statements set forth my responsibilities, as well as Lender's rights concerning the Property. 1 agree as follows: PROPERTY DESCRIPTION. The word "Property' as used in this Agreement means the following described property in which 1 am giving to Lender a security interest for the payment of the Indebtedness and performance of all other obligations under the Note and this Agreement: 2001 Harley Davidson (VIN 1HD1CGP111K110353) In addition, the word "Property" also includes all the following: any and all accessions, attachments, accessories, replacements of and additions to any of the property described herein (such as tires or batteries attached to a car, a motor attached to a boat, or appliances and fixtures attached to a mobile home), whether added now or later, together with all proceeds (including insurance proceeds and refunds of insurance premiums) if any, and sums due from a third party who has damaged or destroyed the Property or from that party's insurer, whether due to judgment, settlement or other process. Despite any other provision of this Agreement, Lender is not granted, and will not have, a nonpurchase money security interest in household goods, to the extent such a security Interest would be prohibited by applicable law. In addition, if Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of me to Lender, then this Agreement shall not secure additional loans or obligations unless and until such notice and all material Truth-in-Lending disclosures are delivered. FUTURE ADVANCES. In addition to the Note, this Agreement secures all future advances made by Lender to me regardless of whether a) the Lender is required by any agreement with me to extend the advance or b) the advance is made for the same purposes. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. 1 authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. REPRESENTATIONS AND PROMISES WITH RESPECT TO GRANTOR. I represent and promise to Lender that my correct legal name and address is: Brandon D Erick, 57 Channel Drive, Carlisle, PA 17013. REPRESENTATIONS AND PROMISES WITH RESPECT TO THE PROPERTY. I represent and promise to Lender that: Ownership. I am the lawful owner of the Property. The Property is free and clear of all loans, liens, security interests, mortgages, claims, and encumbrances except for those I have disclosed to Lender in writing prior to my signing this Agreement. I agree to defend Lender's rights in the Property against the claims and demands of all persons. 1 will not allow any other liens on the Property, even if they are junior to Lender's lien. I have the full authority and right to enter into this Agreement and to grant a security interest in the Property to Lender. No Sale. Without Lender's prior written consent, I will not sell, lease, transfer, borrow against, or otherwise dispose of any of my rights in the Property unless and until all the Indebtedness is paid in full. Location of the Property. Except for vehicles, 1 agree to keep the Property at my address shown above unless Lender tells me I can move it. If the Property is a vehicle, I will keep the Property at those addresses except for routine travel. I will not do anything that requires applying for a certificate of title for the vehicle in another state. If I move from my address shown above to another location within the same state, I may move the Property to my new address, but only if I give Lender the new address in writing prior to my moving. In any event, I agree to keep Lender informed at all times of my current address. Maintenance and Insurance. I will keep the Property in good condition and repair. If the Property is damaged, lost or stolen, I immediately will inform Lender. I will keep the Property fully insured against all loss or damage by fire, theft, collision, and such other hazards as Lender may require from time to time. The insurance will be on terms, including deductible provisions and endorsements, that are satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten 00) days prior written notice to Lender and not including any disclaimer of the insurer's liability for failure to give such notice. I understand I may obtain insurance from any insurance company I may choose that is reasonably acceptable to Lender. I will provide Lender with the original insurance policy, or other proof satisfactory to Lender of the insurance coverage, together with all endorsements required by Lender, including an endorsement naming Lender as the party to whom all losses will be paid. If Lender receives a refund of any insurance premiums, I agree that the refund is Property covered by this Agreement. Lender may apply the refund to payment of any of the Indebtedness. Any insurance policy which I deliver to Lender will be held to secure payment of the Indebtedness. Until all Indebtedness is paid in full, Lender is authorized, but shall not be required, to file any proof of loss, adjust any loss, receive and receipt for any sum payable, surrender any policy, discharge and release any insurer, endorse any loss or refund check.or draft, and in general do in my name, or otherwise, any and all things with respect to the insurance or any insurance proceeds. Licensing and Governmental Regulations. I agree to keep the Property licensed at all times as required by all applicable state and federal laws. In addition, I agree to pay when due all license fees, taxes and assessments relating to the Property or the use of the Property. I further agree that the Property will not be used for any unlawful purpose or in violation of any statute, law, ordinance, or regulation relating to the use, operation, or control of the Property. Inspection. I agree that Lender or Lender's agents shall have the right from time to time to inspect the Property wherever located. EXHIBIT "B" 7NSUMER SECURITY AGREEME' Loan No: 180034312 (Continued) Peen 2 Financing Statements. I authorize Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perplrColhi ' Lender's nt I Property. agree tole sign all other documents that are necessary to perfect, protect, nd cob)ntinueby security Lender's interest. security interest in Lender's the request, 1 will pay all filing es, title transfer fees, and other fees and costs involved unless law or unless Lender is required by law to pay such fees and costs. I irrevocably authorize Lender to execute documents necessa to ted transf er title if there is a default. Lender may file a copy of this Agreement as a financing statement. If 1 change my name or ry the name or address of any person granting a security interest under this Agreement changes, I will promptly notify the Lender of such ddrss. or change. LENDER'S EXPENDITURES. If I fail (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding Is commenced that would materially affect Lender's interests in the Property, then Lender on my behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by me. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. DEFAULT. I will be in default if any of the following happens: Payment Default. I fail to make any payment when due under the Indebtedness. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Agreement or in any agreement related to this Agreement. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. I die or become incompetent or insolvent, a receiver is appointed for any p of my for the benefit of creditors, or any proceeding is commenced either by me or against me under anyabank uptcy or insolvency laws.ssignment Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of my property In which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if 1 give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against. Insecurity. Lender in good faith believes itself insecure. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, 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 any Event of Default. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if 1, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. I may keep and use the Property so long as I am not in default under this Agreement. If I am in default, this is what Lender may do, in addition to any other rights Lender may have: Accelerate Indebtedness. Lender may declare all Indebtedness immediately due and payable, without notice. Other Rights and Remedies. In addition, Lender will have all the rights of a secured party under the Uniform Commercial Code and other applicable law. This means, among other rights, that Lender may enter upon the premises at the address shown above and take the Property peaceably and sell it. Lender may also, to the extent permitted by law, enter peaceably upon other premises for the purpose of retaking the Property, and I consent to such entry. If the Property contains any goods not covered by this Agreement at the time of repossession, I agree that Lender may take such goods, provided that Lender makes reasonable efforts to return them to me after repossession. If Lender asks me to do so, I will gather the Property and make it available to Lender at a place reasonably convenient to both Lender and me. Application of Proceeds. If Lender sells the Property, Lender will apply the "net proceeds" of the sale to reduce the amount owed Lender. "Net proceeds" means the sale price less the expenses of repossession, repair, sale, and as provided below, attorneys' fees and other collection expenses. 1 agree that, to the extent permitted by law, I will owe Lender any difference between the amount of the Indebtedness and the net proceeds Lender receives from the sale of the Property. Notice. Unless the Property threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give me, and other persons as required by law, reasonable notice of the time and place of any public sale or of the time after which any private sale or any other intended disposition of the Property is to be made. The requirements of reasonable notice shall be met if such notice is given at least ten 00) days before the time of the sale or disposition, except as otherwise required by applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Amendments and Interpretation. (1) What is written in this Agreement is my entire agreement with Lender concerning the Property. This Agreement may not be changed except by another written agreement between us. (2) If more than one person signs below, our obligations are joint and several. This means that the words "I," "me," and "my" mean each and every person or entity signing this Agreement, and that, if Lender brings a lawsuit, Lender may sue any one or more of us. I also understand Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to Daraoranhs nr rapBr:,,. convenience purposes only Thpv a- ti,. ..__- )NSUMER SECURITY AGREEME1 Loan No: 180034312 (Continued) Page 3 Agreement is the best evidence of my agreements with Lender. Attorneys' Fees; Expenses. I agree to pay all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement or to collect the Indebtedness, and I shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. 1 also shall pay all court costs, in addition to all other sums provided by law. This Agreement also secures all of these amounts. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any person may change his or her address for notices under this Agreement by giving formal written notice to the other son or , specifyin that the purs of the notice is to change the person's address. For notice purposes, I agree to keep Lenderi formed atsall times of my current ddress. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be my responsibility to tell the others of the notice from Lender. No Waiver by Lender. I understand Lender will not give up any of Lender's rights under this Agreement unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If lender does agree in writing to give up one of Lender's rights, that does not mean I will not have to comply with the other provisions of this Agreement. I also understand that if Lender does consent to a request, that does not mean that I will not have to get Lender's consent again if the situation happens again. I further understand that just because Lender consents to one or more of my requests, that does not mean Lender will be required to consent to any of my future requests. I waive presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. Successor Interests. The terms of this Agreement shall be binding upon me, and upon my heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Agreement. DEFINITIONS. The following words shall have the following meanings when used in this Agreement: Agreement. The word "Agreement" means this Consumer Security Agreement, as this Consumer Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Consumer Security Agreement from time to time. Borrower. The word "Borrower" means Brandon D Erick and includes all co-signers and co-makers signing the Note and all their successors and assigns. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement. Grantor. The word "Grantor" means Brandon D Erick. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation parry to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which I am responsible under this Agreement or under any of the Related Documents. The liens and security interests created pursuant to this Agreement covering the Indebtedness which may be created in the future shall relate back to the date of this Agreement. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of this Agreement together with all interest thereon. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Note. The word "Note" means the note or credit agreement dated May 7, 2007, in the principal amount of $5,150.68 from Brandon D Erick to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for the note or credit agreement. Property. The word "Property" means all of my right, title and interest in and to all the Property as described in the "Property Description" section of this Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. I HAVE READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS CONSUMER SECURITY AGREEMENT AND AGREE TO ITS TERMS. THIS AGREEMENT IS DATED MAY 7, 2007. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: det, S eal) BrandoNnck?????f LASE" ?RO t?.L,.q. V". 9.M.OC.xa Cap. NN"W f aneJ 9aluuom, N<. 199). 2007. AO "gliu ".w,..N. - ?A C:?Cf11LILl[JO.FC 714161]5 M.?3 CEt IFICATE OF -L'4.FOR.A VLtj[CLE l _ 1.17 U s: C'~ GP. 3- _ - - ?ff oF,vEiec'L?' ;eoor E3t? ? sEATCAP` :.TITLE PRIOR STAOCC tPRQCD:R-'TE. -X21-t)S:?D?? .??..? t?s '...?K:.. T,ar'' _ - .. _ _ ?r•srAtw::; GATE PA TRLED.w DATE OF ISSUEV ??^?,. - _ ,;;,? ?,•-•••••••r V'UN1.11DEN WEIGFfTw, ?? •"?GVWR - ••? -••?•- ?• w GCWR R.. tc r '~i• y galtmED OWNt= ' ?`I?Gu+4????t? } . • EGYPT tl`l' + :? 'vY'. ):. •'=Vj?,' ?;t r f .A • eRANOS r c RAN? r:velaaE .. too z AGgACtILrURALwEF11DLE t BDIL„ IN?& 5 6 FA 37007. I. •IaoowD - P . IalwAa A POLICE VEHICLE .-?I RECONSTP=TED ?. t'tf rt - S.ONJEE'r ROD F `-. ,•t 7 tcovEaEn rn?yri?iCLE A ??..w.=? £ i. is J4'Y .,?-.?,.? ,:gs;? •?? }+, V .'VE?JIG.E fX)KrADt9 EIEISS(JFD VaFY? ' R r4 r 4% a p . jWK r gy" 7 : F- - ^ •'?'7tUSFiORRED REPRESENTATIVE ?z If- 'MANNA ADDRESS - p SECON9_UEN RELE?.E:D _ f ' . - - DATE . .. ?? 031036- AUTHORED REPRESENTATIVE - ORRISTOWN:BANK 250 Si P,P . BgRtG--t'A 17257 • ®! CeRify as. of 'he Us of tuna, the Oftial mcon]s of a.s P Of T A•anla DeParVnerlt '. Xwta It nneet ftt the Tdr[6n(iT or -1-PWv ramad Mein wtSyIs v e Iawm owner B R A O L ? Y ' L MALLORY- :: E 09 of U ransl said vetiicla. . Secretary of Tramportation 1 1' 1 1 1 ? •. a,' BSCRt06 AND, SWORN EFQR? E = _k% Ar K a,c¢pnrChaser other than our your spouse is Gated and you want the Me to ;; be 9ted as ' 'ni Tenants Wth Right of Survivorship' On death f 77j x r r o one owrf? `survmrlg owner] wiI CHEC(( HERE O Otherwisethe to ;. sutfd teliants In Comnlen (On d th t r ;' , ;H ""oFV O s ea o ,one owner 7nteresEOt d e r 6e3tohisTherhe $ rs e r SuoKA ro TPKOCnt. i or s ate) .: nsr 4TIF NO UJi.;CHECK ru, , r 1ST LI? ~ HDLb R-f , Ir.:3 ,. • -y J r ' k STATE ZIPI }-) r . s . ' . . l ! _ FINANCIAL 6_ MI.SIT.TUr1ON NUMBER , AJ JV rN ur6.aq+p a A Caunean 1• ?; MQ01lI i9•i. d•iRi y; biT Mr• 2ND UEN DATE: ? IF NO LIEN. CHECK i? 1 Ei . , ?' ^"' +• J'i6p - - 2ND LIENHOtDER s 7 , - sTaEET M'sICU•fATUS oF'/pp?wr OR AViHOPo2°_o sHt.=P A " CITY ' STATE" ZIP ,?,,,,,,.--.r,,,??sK.i'+AtURE OF C6y+ruc,wrr; rRE OF AVifgp:ZEn yGH=_q FINANCIAL INSTMMON NUMBER JEXHIBIT "CII n ?a CJ f zir - co C 5 ;j rn -c c,) .o• . t MAY 14 20nafflq `l' ORRSTOWN BANK, Plaintiff, V. BRANDON D. ENCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2Q08- a9?? ???( CIVIL ACTION-LAW REPLEVIN ORDER OF COURT AND NOW, this - day of v , 2008, upon consideration of the attached Motion For Seizure, a hearing is set in this matter for day of the JU? 2008, at !0 a.m.*,W in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, r David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ? Brandon D. Enck 57 Channel Drive Carlisle, Pennsylvania 17013 0-0 1 F I FES sr/12 Z/o8 ? S :6 WV U OW SOOZ ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW BRANDON D. ENCK, NO. 08-2976 CIVIL TERM Defendant REPLEVIN IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 30th day of May, 2008, on motion of counsel for the plaintiff, hearing herein is continued until Wednesday, June 18, 2008, at 3:30 p.m. By the Court, David A. Baric, Esquire For the Plaintiff "--'Mr. Brandon D. Enck 57 Channel Drive Carlisle, PA 17013 :bg 06r,eg ryt-atU, b?2?08 ' 0 °t_ 1l r I --? ORRSTOWN BANK, Plaintiff, V. BRANDON D. ENCK, Defendant. ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 2976 CIVIL TERM CIVIL ACTION-LAW REPLEVIN PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without prejudice. Respectfully submitted, O' , BARI S E Date: June 11, 2008 David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstown bank/enck/discontinue.pra ^+. CERTIFICATE OF SERVICE I hereby certify that on June 11, 2008, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Brandon D. Enck 57 Channel Drive Carlisle, Penn lvania 17013 d David A. Baric, Esquire o O r - sC: SHERIFF'S RETURN - REGULAR CASE NO: 2008-02976 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS ENCK BRANDON D RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ENCK BRANDON D the DEFENDANT , at 0011:08 HOURS, on the 9th day of June , 2008 at 57 CHANNEL DRIVE CARLISLE, PA 17013 by handing to BRANDON D. ENCK DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit 00 Surcharge 10.00 R.'Thomas Klin Postage .42 >/ 33.42 06/10/2008 OBRIEN BARIC SCHERER Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D.