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HomeMy WebLinkAbout08-3348Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249.7800 FAX Attorney ID 22080 ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. ` RUFE CHEVROLET, INC. : CIVIL ACTION Defendant : IN FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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, PA 17013 Telephone: 717-249-3166 Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249.7800 FAX Attorney ID 22080 ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. RUFE CHEVROLET, INC. : CIVIL ACTION ?- 3 3 y Cu "` Defendant : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, COMES the Plaintiff, Orrstown Bank, by and through its attorney, William A. Duncan, and does file the within Action in Mortgage Foreclosure against the Defendant, Rufe Chevrolet, Inc: 1. Plaintiff Orrstown Bank is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its main office and principal place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant Rufe Chevrolet, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its main office and principal place of business located at 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. On or about December 1, 2000, Defendant made, executed and delivered to Plaintiff a Mortgage and Note financing $923,500.00. Copies of the Mortgage recorded in Cumberland County Mortgage Book 1655 Page 648 and the accompanying Note are attached hereto, incorporated herein by reference and marked Exhibits "A" and "B". 4. Said Mortgage and Note have not been assigned. 5. Rufe Chevrolet, Inc. is the sole record owner in fee simple of the premises subject to the Mortgage by virtue of a Deed dated July 7, 1999, recorded in the Cumberland County Recorder of Deeds' Office in Deed Book 235 at Page 367. A copy of the Deed is attached hereto, incorporated herein by reference and marked Exhibit "C". 6. The aforesaid Mortgage is in default because Defendant herein has failed to pay the monthly payments that were due and owing from November 10, 2006 through the date of filing. 7. The aforesaid Mortgage is in default because Defendant herein has filed to pay the 2007 County & Local real estate taxes, the 2007-08 School taxes, and the 2008 County & Local real estate taxes due and owing on the said premises. 8. By reason of the aforesaid default, the entire principal balance of $ 850,000.00, with current interest rate thereon at the rate of 9.5 %, having been accrued as computed in accord with the variable interest computation stated in the Note with an additional component of the default rate of interest specified in the Note since November 10, 2006, along with late charges and attorneys fees is now due and payable. 9. The Defendant is liable to the Plaintiff for the following on the said mortgage loan: A. Principal and interest due to date $ 992,540.53 (Per diem $200.69 ) B. Late Charges & Fees $ 1,255.14 C. 2007 County & Local / 2007-08 School taxes/ 2008 County & Local taxes $ 58,846.48 D. Title Search Fees $ 500.00 E. Attorney's fees $ 52,657.11 TOTAL $ 1,105,799.21 Plus $ 200.69 Per Diem from May 28, 2008 WHEREFORE, Plaintiff prays this Court enter judgment in favor of Plaintiff in the amount of $ 1,105,799.21 , together with interest thereon at the rate of $ 200.48 per day, costs and all other amounts advanced by Plaintiff. \ai A uncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717-249-7780 Attorney ID#22080 VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his or her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. section 4904 pertaining to unsworn falsification to authorities. John H. Bowers Date Vice President, Orrstown Bank ,;?san EXH1 " P. 007/011 rr` ..A„ RECORDATION REQUESTED BY: ORRSTOWN BANK P.O. Box 260 Shlppensburg, PA 17257 WHEN RECORDED rA MAIL TO: OFIRSTOW P.O.Box 26pBANK '00 DEC 1 PA 3 52 Shlppensburg, PA 17267 CDP v Y SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED DECEMBER 1,`2000, between RUFE CHEVROLET, INC., whose address Is 1601 RITNER HWY., CARLISLE, PA 17013 (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 mortgagee to Lender all of Grantor's right, 11110, and Interest In and to the following described real property, together with all existing or subsoquently 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 Qncludlng 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 1601 RITNER HWY., CARLISLE, PA 17013. Grantor presenlly assigns to Lender all of Grantor's right. title, and Interest In and to all loases 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 Slates of America. Grantor. The word "Grantor" moans RUFE CHEVROLET, INC.. 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" moans and includes without Ilmltatlon 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, logether with intorest on such amounts as provided in this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, Its successors and assigns. The Lender Is the mortgagee under this Mortgage. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes without limitation all assignments and security Interest provisions relating to the Personal Properly and Rents. Wrote. The word "Note" means the promissory note or credit agreement dated December 1, tow, in the original principal amount of ,S923,500.00 from Grantor to Lender, together with all renewals of, exlenslons of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement, The maturity date of this Mortgage Is December 1, 2020. NOTICE TO. GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accewlons, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above In the "Grant of Mortgage" section. Related Documents. The words "Related Documents" mean and Include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, Issues, royalties, profits, and other benefits derived from the Property. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage. Grantor shall pay to Lender all amounts secured by this Mortgage as they become due, and shall strictly perform all of Gramor'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 repalrs, 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 19130, as amended, 42 U.S.C. Section 9601, at seq. ("CERCtA"), the Superfund Amendments and Reauthortzalion Act of 1996, Pub. L. No. 99-495 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or Federal laws, rules, or regulations adoptod pursuant to any of the foregoing. The lens; "hazardous waste" and "hazardous substance" shall also Include, without Ilmltatlon, petroleum and petroleum by-products or any traction thereo and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property, there has been nc 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 tc and acknowledged by Lender In writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of ant hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (II) any actual a threatened Illlgallon or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged b; Lender In writing, (1) neither Grantor nor any lenant, 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 (It) any such activity shall bt conducted In compliance with all applicable federal, state, and local laws, a ula oys ? ordinan as iincluding without Ilmltatlon those laws ??i+lw'•. Inn pcrr . rte. P. 008/011 12-01_2000 MORTGAGE 03 DPage 2 Loan No (Continued) regulations, and ordinances described above. Grantor authorizes lender and Its agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person, The representations and wanantlss contained herein are based on Grantor's due diligence in Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to Indemnify and hold harmless Lender against any and all claims. losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the Mortgage, Including the obligation to Indemnify, shall survive the payment of the Indebtedness and the sallsfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste 'on or to the Property or any portion of the Properly. Without limiting the generally of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including all and gas), salt, gravel or rock products withoul the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to Inspect the Properly 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 affect of all governmental authorities applicable to the use or occupancy of the Property, Including without Ilmilation, 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 prefect 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 /herein; 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-optlon contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to the Real Property, or by any other method of Conveyance of Real Property Interest. If any Grantor Is a corporation, partnership or limited liability company, transfer also includes any change In ownership of more than twenty-five percent (25°x) 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 lions on the Property are it 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 Properly, and shall pay when due all claims for work done an or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the Interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, 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 fallh dispute over the obligation to pay, so• long as Lender's Interest In the Property Is not jeopardized. If a lien arises or Is flied as a result of nonpayment, Grantor shall within fifteen (15) days after the Ilan arises or, 0 a Ilan Is filed, within fifteen (15) days after Grantor has notice of the filing, 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 Lender In an amount sufficient to discharge the Ilan plus any costs and attorneys' fees.or other charges that could accrue as a result of a foreclosure or sale under the Ilan. 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 notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's Ilan, malerlalmen's Ilan, or other lien could be'asserted on account of the work, services, or materials. Grantor will upon request of Lander 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 Properly 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 mortgages 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 liability Insurance policies. Additionally, Grantor shall maintain such other Insurance. Including but not limited to hazard, business Interruption and bolter 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 cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice. Each Insurance pollcy also shall Include an endorsement providing that coverage In favor of Lender will not be Impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property at any time become located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the form of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property, Lender may make proof of loss If Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is Impaired, Lander may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any Ilan affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shalt repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lander shall, upon satisfactory proof of such expencilture, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not In default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued Interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor. Unexpired Insurance at Sale. Any unexpired Insurance shall Inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall fumish 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 dale of the policy. Grantor shall, upon request of tender, 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, lake 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 dale Incurred or paid by Lender to the dale of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Nola 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 (II) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for In this paragraph shall be In addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that 11 otherwise would have had. Grantor's obligation to Lender for all such expenses shalt survive the entry of any mortgage foreclosure judgment. 90OX. ,S-5. PAGE .X49 P. 009/011 12-01-2000 MORTGAGE _R Page 3 Loan No z (Continued) nn 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 tee simple, free and clear of all liens and encumbrances other than those set forth In the Real Property description or In any title Insurance policy, title report, or final title 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 lime 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 Properly are a part of this Mortgage. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings orb any In Ileu of condemnation, Lander may at Its election require that all or an the award be proceeding or purchase or the repair or restoration of the Property. The net proceeds of the awe d portion mean not l proceeds lard afer of payment of all actual costs, expo stes,land attorneys' fees Incurred by Lender In connection with the condemnation. Proceedings. If any proceeding In condemnation Is filed, Grantor shall promptly notify Lender In writing, and Grantor shall promptly take such slaps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such Instruments as may be requested by It from time to lime 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 lion on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Mortgage, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or regislsring this Mortgage. Taxes. The following shall constitute faxes 10 which this section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Nola; 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 data 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 dellnquenl, or (b) contests the tax as provided above in the Taxes and Liens section and deposits with Lander cash or a sufficient corporate surely 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 Lander shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action Is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage In the real property records, Lender may, at any lime and without further authorization from Grantor, rite 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 malling 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 ASSURANCE; ADDITIONAL AUTHORIZATION. The following provisions relating to further assurances and additional authorization are a part of this Mortgage. Further Assurances. At any time, and from time to lime, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Landers 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. Additional Authorization. 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 authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph. II Is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this ortg Lender ecute iver to suitable ion of this Mort suitable sta emaent,on file evidencing Lender's slecurity me rest in the Rentsalanfdcthe Personal Propge . and Grantor willp, Ifn ermittedIby an licaabnle low, any reasonable termination fee as determined by Lender from time to time. p" pay ' p y pp y DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default') under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or 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 Nola 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 ability 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 lime made or furnished. Defective Collateralization, 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 Ilan) at any time and for any reason. Insolvency. The dissolution or termination of Grantors existence as a going business, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, 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 In the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the foreclosure or forefeiture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes resew a surety for the claim satisfactory to Lander. C??w6 90OKI 1 ??. PAGE . .. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lander that Is not remedied within any grace period provided therein, Including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to 16; 16 P. 010/011 12-012000 Loan No MORTGAGE (Continued) Page 4 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 Guaranloes 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 malarial adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired. Insecurity. Lander In good fallh deems Itself insecure. 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, Lander, at Its option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provldod 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 Ol.fhiz 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 authorizes Lender 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 lake possession of all or any part of the Properly, 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 taw. 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. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record In the Commonwealth of Pennsylvania or elsewhere, as attorney for Lander and all persons claiming under or through Lender, to sign an agreement for entering In any competent court an amicable action In ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant, and thereupon a writ of possession may be Issued forthwith, without any prior writ or proceeding whatsoever. Deficiency Judgment. Lender may obtain a judgment for any deficiency mmalning 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. Sate of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the properly 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. Lander shell give Grantor reasonable notice of the time and place of any public sale of the Personal Properly or of the time after which any private sale or other Intended disposition of the Personal Property Is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Waiver, Election of Remedle& 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 striol 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. Attomeys' 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 limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there Is a lawsuit. Including altorneys' fees for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals and any anticipated poslaudgment collection services, the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, and appraisal fees, and Mlle Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by low. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, an notice under this Mortgage may be sent by telelacslmile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited hwith a (nationally recognized overnight courier, or, If malled, shall be deemed effective when deposited in the United Slates mail first class, certified or registered mall, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any parry may change Its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. All copies of notices of foreclosure from the holder of any Ilan which has'priodly 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 Decumen!s, constitulas 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 Reports. 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 shall require. "Net operating Income" shall mean all cash receipts from the Property less all cash expenditures media 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 at any timo held by or for the benefit of Lender In any capacity, without the written consent of Lender. Severabllity. If a court of competent jurisdiction finds any provision of this Mortgage to be Invalid or unenforceable as to any person or circumstance, such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified lobo within the limits of enforceability or validity; however, If the offending provision cannot be so modified, it shall be stricken and all other provisions of this Mortgage In all other respects shat r rQe38 ? valid an¢,? grceable. BOON 191 PAGE. C l P. 011/011 12-01-2000 MORTGAGE U& D VV Page 5 Loan No (Continued) 9e Successors and Assigns. Subject to the limitations stated In this Mortgage on transfer of Grantor's Interest, this Mortgage shall be binding upon and Inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time Is of the Essence. Time Is of the essence in the performance of this Morigags, Waivers and Consents. Lander 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 emission on the part of Lender In exercising any right shall 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 transactions. Whenever consent by Lender Is required in this Mortgage, the granting of such consent by Lender In any Instance shall not oonstitute 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 SIGNED AND SEALED BY THE UNDERSIGNED. GRANTOR: RUFF CHEVROLET, INC. 1 EARL L. SCH-O-R- Pp If. PRESIDENT- ATTEST: Secretary or Assistant SecretarySigned, acknow and delivered in the presence of: X U?YGir Witness X Witness ( Corporate Seal CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein Is as follows- P.O. BOX 250, Snlppeneburg, PA 17297 d?????ily Y1rV Attorney or Agent rorMenpagee CORPORATE ACKNOWLEDGMENT STATE OF Al ')2AIA / t ?? ) ss COUNTY OF it this, the day of 201Z-, before me undersigned Notary Public, personally appeared EARL. L. SCHOF(PP 11 who acknow edged himself or herself I bed e, •„ .0 Jt ?RESIDENT_' 'RUFL r CHEVROLET, INC., a corporation, and that he or she as such PRESIDENT, being authorized Io do so, executed the fore; I•astcum ' +for purposes therein contained b) clcialia- ohm Asim y "In A l elf or herself as PRESIDENT. wy. • .? : ;. ti;. OTAErNEWPA" In witness whereof, I her u Rte Rio "*JJbljc Carlisle soro., Cumberland County ?'? •"` '? M .GOmmtssion Expires Oc[, 23, 2004 G" 0 "' '' ?? Notary Public In and for the Stale Of LASER PRO, Reg, U.S. Pat, 6 T.M. Off„ Ver. 9.Z6c (C) Conoentrox 2000 An rights rsaerved. IPA-000 P3.29a 07428CLIN C2.UVL1 Doo F.4 PAGE 652 COPY Exhibit "A" All that certain piece, or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, designated as Parcel No. I un a certain T-and Subdivision. Plan for Ritner Park Associates, dated October 31, 1978 and recorded in Cumberland County Plan Book 34, page 71, bounded and described hi accordance with said band Subdivision Plan, as follows, to wit: B EGINNING at an iron pin in the northern right-of-way line of U. S. Route 1.1 (a 50 foot wide right-of- way) at the dividing line between the premises herein described and lands now or formerly of. C. H. Masland & Sons; thence along the line of said U. S. Route 11, South 71 degrees, 15 minutes West a distance of 500.06 feet to a point; thence North 17 degrees, 50 minutes, 30 seconds West a distance; of $$2.93 feet to apoint; thence North 72 d_=es, 9 minutes, 30 seconds East a distance of 500.00 feet to a point in the line of lands now or formerly of C.1-i. Maslar_d & Sons; thence along said line, South 17 degrees, 50 minutes, 30 seconds East a distance of 875.00 feet to an iron pin, being the point and place of BEGINNING. CONTAD ING 10.089 acres, more or less. BENG the same which Cumberland County Indust ialDevelop?r ent Authority by its deed dated July 7, 1.999 and recorded December 1, 2000 in the Recorder of Deeds, Cumberland County, Pennsylvania, Deed Book , page , granted and conveyed unto Rufe Chevrolet, Inc. There is excepted from the above-described promises-all that certain tract of land consisting of 1,512.30 square feet which was granted by the parties hereto to the Borough of Carlisle by Deed of Easement and Right-of-Way dated December 12,199 1, and recorded in Cumberland County Misc. Book 409, at page 111, which tract was conveyed to facilitate the widening of the public; street known as Industrial Drive. Pennsylvania I -n Oic^ for the recording of Deeds o,^b+ard c;ouimty, a n. 4l r Ing, :s Gy hno , i?:t?sl eflice CO Car''WA- .fts Y I? 80uX i t-55 FAGE .66-53 PROMISSORY NOTEM _.....: ?.......-:::::::....•l.o. ._. _:.:...:.:. JEE.. .., _ ...... PtTd a m..... ;........ . .. ...............: _.........,? . ..............::...._......,.........:.... ....... _ .... .... .................... -- 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. Borrower: RUFF C 4EVROLET, INC. (TIN: 23-1275566) Lender: ORRSTOWN BANK 1601 RITNt_R HWY. P.O. BOX 250 CARLISLE, PA 17013 Shlppensburg, PA 17257 COPY T Initial Rate: 9.500% Date of Note: December 1, 2000 Principal Amount: $923,500.00 PROMISE TO PAY. RUFE CHEVROLET. INC. ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Nine Hundred Twenty Three Thousand Five Hundred & OOI100 Dollars (5923,500.00), together with Interest on the unpaid principal balance from December 1, 2000, until paid In full. PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan on demand, or if no demand Is made, in 240 payments of $8,690.78 each paymenL Borrower's first payment Is due January 1, 2001, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on December 1, 2020, and will be for all principal and all accrued Interest not yet paid. Payments Include principal and interest. The annual interest rate for this Note Is computed on a 3651360 basis; that is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multfplled by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and late charges- VARIABLE INTEREST RATE. The Interest rate on this'Note Is subject to change from time to time based on changes In an independent Index which Is the WALL STREET PRIME (the Index'). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrowers request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The Index currently is 9.500% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate equal 10 the Index, resulting In an Initial rate of 9.500% per annum. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the Inlerest rate, Lender, at Its option, may do one or more of the following: (a) increase Borrowers payments to ensure Borrower's loan will pay off by Its original final maturity date, (b) Increase Borrower's payments to cover accruing interest, (c) Increase the number of Barrowers payments. and (d) continue Borrowers payments at the same amount and Increase Borrower's final payment. PREPAYMENT. Borrower may pay without penalty 211 or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, 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 5.000% of the regularly scheduled payment or $50.00, whichever Is greater. DEFAULT. Borrower will be In default if any of the following happens: (a) Borrower falls to make any payment when due. (b) Sommer breaks any promise Borrower has made to Lender, or Borrower falls 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, extension of credit, security agreement, purchase or sales agreement, or any other agreement. In favor of any other creditor or person that may matorlally affect any of Borrowers property or Borrower's ability to repay this Note or perform Borrowers obligations under this Note or any 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. (a) Borrower becomes insolvent, a reeelver is appointed for any part of Borrowers property, Borrower makes an assignment for the benefit of creditors, or any proeeading Is commenced either by Borrower or against Borrower under any bankruptcy or Insolvency laws. (f) Any creditor tries to take any of Borrowers property on or in which Lender has a lien or security Interest. This includes a garnlshment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events described In this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of payment or performance of the indebtedness is impaired. (1) Lender in good faith deems itself Insecure. 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 Nola within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) it Borrower, after receiving written notice from Lander demanding cure of such default: (a) cures the default within fifteen (15) days: or (b) if the cure requires more than 11fleen (15) days, immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter consirues and completes all reasonable and necessarl steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lander 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 Upon default, Including failure to pay upon final maturity, Lender, at Its option, may also, If permitted under applicable law, Increase the variable Interest rate on this Note to 4.000 percentage points over the Index. The Interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note it Borrower does not pay. Borrower also will pay Lender that amount. This Includes, subject to any limits under applicable law. Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy proceedings (Including efforte to modify or vacate any automatic stay or injunction), appeals, and any anllelpated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addlilon to all other sums provided by law. If judgment is entered In connection with this. Note, Interest will continuo to accrue on this Note after judgment at the Interest rate applicable to this Note at the time judgment Is entered. This Note has bean 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 laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF, Borrower grants to Lander a contractual security Interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrowers r!ght, title and Interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), Including without limitation all accounts hold jointly with someone else and all accounts Borrower may open In the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security Interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing an this Note against any and all such accounts. COISATERAL. This Note Is secured by a Mortgage dated December 1. 2000, 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. FINANCIAL STATEMEMTS. The Borrower agrees to provide the Lender with Federal Tax Returns andlor CPA prepared Financial Statements and any o ,. 124,5.2000 N PROMISSORY NOTE COPY Page 2 loan o (Continued) other financial information, required by the Lender's Originial Commitment Letter to the Borrower, on an annual basis. It the Lender does not receive the required financial Information within two hundred seventy (270) days of the Borrower's fiscal year and, the Lender has the right to Increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender Increasing the interest rate charged on this Note. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Londees right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Nora, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonar. Upon any change in the terms of this Note, and unless otherwise expressly staled in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorsor, 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 parry or guarantor or collateral; or Impair, fail to realize upon or perfect Lender's security Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. 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. If any portion of this Nate Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMEN'T'. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST. LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED 9Y ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A NFESIO OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR REPRESENTATIVE A BEEN REPRESENTED BY (INDEPENDENT LEGAL COUNSEL BORROWR PRIOR TER ST RATE SIGNIN PR13 THIS NOTE, BORROWER READ BORROW A GR ES TO THET TEAMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMP fLETED IIN COPY OF THE NOTE. THIS NOTE HAS BEM SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: RUFF CHEVROLET. INC. ,, ...._ ............ ......... .......... SEAL By: EARL L. SCHORPP II, PRESID Variable Ratc. Inslallmsnt. LASER PRe. Rea U.S. Pal, a T.M. sit., Ver. 9.290 (C) Cancentrex20oo All rights reserved, IPA-D20 F3.211111 F9.29a 07429Ct_.LN C2.OVLI Tax Parcel No: 50-08-0579-014D 1?1'Z T? MADE THE ?n day of , in the year of Our Lord one thousand nine hundred ninety-nine (1999) J BETWEEN CUMBERLAND COUNTY INDUSTRIAL DEVELOPMENT o AUTHORITY, a body politic and corporate organized and existing under the Pennsylvan" r' Industrial and Commercial Development Authority Law with offices in Cumberland Cougty, r Pennsylvania, GRATQR, `:; and RUFE CHEVROLET, INC., a Pennsylvania business corporation with prirLc,{pal offices at 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, rro t GRANTEE, WITNESSETH, that in consideration of One and no/100 (51.00) Dollar in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, it successors and assigns, ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, designated as Parcel No. I on a certain Land Subdivision Plan for Rimer Park Associates, dated October 31,1978, and recorded in Cumberland County Plan Book 34, Page 71, bounded and described in accordance with said Land Subdivision Plan, as follows, to wit: BEGINNING at an iron pin in the northern right-of-way line of U. S. Route 11 (a 50 foot wide right-of-way) at the dividing line between the premises herein described and lands now or formerly of C. H. Masland & Sons; thence along the line of said U. S. Route 11, South 71 degrees 15 minutes West, a distance of 500.06 feet to a point; thence, North 17 degrees 50 minutes 30 seconds West, a distance of 882.93 feet to a point; thence, North 72 degrees 9 minutes 30 seconds East, a distance of 500.00 feet to a point in the line of lands now or formerly of C. H. Masland & Sons; thence along said line, South 17 degrees 50 minutes 30 seconds East, a distance of 875.00 feet to an iron pin, being the point and place of BEGINNING. CONTAINING 10.089 acres, more or less. BEING the same premises which Ritner Park Associates, a Pennsylvania partnership, by its deed dated July 12, 1979, and recorded in the Office of the Recorder of Deeds in and for liui h 5 FAGS 367 s Cumberland County in Deed Book "N", Volume 28, Page 562, granted and conveyed unto Cumberland County Industrial Development Authority, Grantor herein. AND also being the same premises which is the subject of an Installment Agreement of Sale dated July 12, 1979, and recorded July 12, 1979, in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 244, Page 900; and further, being the same premises which is the subject of a First Amendment to Installment Agreement of Sale dated June 4, 1980, recorded June 5, 1980, in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 254, Page 900. UNDER AND SUBJECT, NEVERTHELESS, to all easements end matters of record and which a physical inspection and competent survey of the premises would disclose. AND the said Grantor hereby covenants and agrees that it will warrant SPECIALLY the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of ATTEST: CUMBERLAND COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY _0 By i (SEAL) ASt f 5EC ET>4Ry hel an e91 F G4 s 7n W ro A I1TC.! N _ nl Y Z BOOK 235 PACE 368 ?}l A . e) ? G + Gl S) 4 C ? W 1. COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) ON THIS, the .- of , 1999, before me, aNotary Public, the undersigned officer, personally appeared j YM WAnM r l- who acknowledged himself/herself to be the Chairman of Cumberland County Industrial Development Authority, a body politic and corporate, and that he/she as such Chairman, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself/herself as Chairman. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Publi `? Ileyis•1V?,Goba ieW C"*A ?A Nra.+?r. ?aarla..x sooo CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named Grantee 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. Attorney for Grantee BooK 235 PACE 369 0 4 RECOIEWR'S USE ONLY :Cbme.choodommed tNe REALTY TRANSFER TAX COWANwEALTH a?ENNSYLVANIA STATEMENT OF VALUE DlrARTMtNi Of REVENUE ttusr,u tx EearvtOUAI TARS RIE In dupllmta with REcordtx d DaEdE when 1(Ihe full Yaludcan+ideratlon 6 net eat forth in the dryad, (1) who" 1ho dead MA,RISUUM, PP2 171 04M See Roves. flag a tae pchimed.A 3Mtawad of VOIM Is roof ragdnd H IM transfer iE ""Ry *me"' ham lax is I, without casohlordion, of. bt; gif._°r,,,?7L u? ..ntRtr eamoM. If more a is needed attach addittend shat s . - - A CORRESPUEtEVanE - e+++ hr. ?•••?' °- -- - T.l.pl»»N»+.n Nom. M.e C.d. ( 717 1 243-3341 Edward L. Schorpp, Esquire t.n. Erew t..w PA 17013 10 Fast High Street Carlisle Mrs N Cumberland County Industrial Dt:veloFTDeiIt Auth Rufe Chevrolet, Inc. re.t a 1601 Rimer Highway 212 N. Hanover Street hole P ity .t. PA 17013 PA 17013 Carlisle, Carlisle, C PROPERTY LOCATION P. lr.r cos Borough of Carlisle 1601 Ritner Highway YM r now .m+ Carlisle Area School District 50-08-0579-014D Cumberland P VALUATION DATA tNe e i „ - + 9 1 AH.00 aMty u » w x E 2. CMsh APP-PriaN Bade glow fox Toomptf.a Cfahe od anncrw .....r ? Will olnlanale sucaulon ? Troosfr to kW,Nfrld Development Agottcy. C3 T-00 to a vest. (Attach complete copy d "no' agrarhnent hlenlHytnp dl beMfhio,ies.) ? Transfer between INlncpd and agent. (Attach complete copy of agaacylaraw party agroomeat•) ? Transient to tb Commonweahh, the United Station cad Instrumentalities by Eif, dedication, catdomactloo or in EM of cendemnatien. (if coeJemmoon or, in live of condemnation, onach copy of resolution.( , p? Number ? Transfr From mortgagor to a holder of a mortgage in delauR. Mortgage gook Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corroded or confirmed.( ? Statutory corporate consolidation, most or didslon. (Attach copy of articles.) ? Other (Please explain exemption calmed, if oiMr then Bred Shown.) t dednn that 1 have oxanlnnd this Statement, including -re ponying IdotmaUen, and to Ate best of my k' doe amd ieRofef, It it Is tow., Cooled add complete. Uad.t Is low, M .tFehh • Ferry PACE 3.0 MM. ctnrP. 235 eoox FAILURE TO COMPLETE THIS PO PROPERLY OR ATTACH AFPLECASLE DOCUMENTATION MAY RESULT iN THE RECORDER'S REFUSAL TO RECORD THE DEED. --- - ?,- 7 t?? ,, ` ? (?, ?? ?, :,?' _?: ? ? •- ..- c.:.:, -< SHERIFF'S RETURN - REGULAR CASE NO: 2008-03348 P a + COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS RUFE CHEVROLET INC ROBERT BITNER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUFE CHEVROLET INC DEFENDANT at 1600:00 HOURS, on the 10th day of June at 1826 RASP DRIVE CARLISLE, PA 17013 EARL SCHORPP, PRESIDENT OF by handing to the . 2008 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. , Sheriff or Deputy Sheriff of COMPANY Sheriff's Costs: Docketing Service Postage Surcharge 18.00 5.00 .59 10.00 ? .00 33.59 So Answers: Sworn and Subscibed to before me this day of , R. Thomas Kline 06/11/2008 DUNCAN & HARTMAN By: DDeputy Sheriff A.D. L f ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff PENNSYLVANIA V. NO: 08-3348 RUFE CHEVROLET, INC., CIVIL ACTION Defendant ANSWER TO COMPLAINT AND NOW, comes the Defendant, Rufe Chevrolet, Inc., by and through its counsel, Cunningham & Chernicoff, P.C., who submit their Answer to Plaintiffs Complaint as follows: 1. Admitted upon belief. 2. Admitted. 3. This allegation refers to writings which are the best evidence concerning the subject of such averments. 4. Defendant is without sufficient information or knowledge to form a belief as to the truth of matter asserted. Therefore, the same is denied. 5. This allegation refers to a writing which is the best evidence concerning of such an averment. 6. This allegation is a conclusion to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. 7. This allegation is a conclusion to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. 8. This allegation is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. R. 9. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendant believes, and therefore avers, that all payments made to date may not have been properly credited and a strict accounting of all payments received, applied and alleged to be due and owing is demanded, if relevant, at the time of trial. Defendant further specifically denies the amount set forth for legal fees as Plaintiff has not set forth how such fees were calculated nor has Plaintiff established that such fees were fair and reasonable under the circumstances. Furthermore, it is believed, and therefore averred, that such fees are not reasonably related to the difficulty or extent of work necessary to complete the litigation initiated in this matter, and strict proof thereof is demanded, if relevant, at the time of trial. WHEREFORE, Defendant, Rufe Chevrolet, Inc., hereby respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with Judgment and grant Defendant such further relief as is just and proper. C. `.. _ Date: July 3, 2008 Pupre?n C380 K rl M. fight, squire PA Supreme Court ID #87365 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 VERIFICATION 1, Earl L. Schorpp, II, President on behalf of Rufe Chevrolet, verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. RUFE CHEVROLET By: Earl L. Schorpp, II Its: President Date: 1 'J, , 2008 .? 1 V. NO: 08-3349 RUFE CHEVROLET, INC., CIVIL ACTION Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the ANSWER TO COMPLAINT will be served by first class U.S. Mail and/or electronic means on the following parties indicated: William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff PENNSYLVANIA Date: July 3, 2008 By [NGHAM & CHERNICOFF, P.C. '(j l., Julieanne Ametrano t t3'1 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ORRSTOWN BANK Plaintiff VS. RUFE CHEVROLET, INC. Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-3348 CIVIL CIVIL ACTION IN FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendant, Rufe Chevrolet, Inc. in the amount of $828,001.61, with interest at the rate of $83.64 per diem from November 17, 2008 together with costs of suit, in conformity with the Consent to Entry of Judgment filed herewith. C William A. Duncan, Esquire Attorney for Plaintiff cti: 7-- !s LL1 C") Ll- C-j J C..? William A. Duncan I.D. #22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ORRSTOWN BANK Plaintiff VS. RUFE CHEVROLET, INC. Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-3348 CIVIL CIVIL ACTION IN FORECLOSURE STIPULATION TO ENTRY OF JUDGMENT And now comes Plaintiff Orrstown Bank and its attorney, William A. Duncan, Esquire and Defendant Rufe Chevrolet, Inc. and its attorney, Robert Chernicoff, Esquire and stipulate as to the following: 1. A Complaint in mortgage foreclosure was filed by Plaintiff Orrstown Bank on May 30, 2008 alleging a debt due and owing by Defendant to Plaintiff on act of default by Defendant. 2. An Answer was filed by Rufe on July 7, 2008. 3. Plaintiff and Defendant hereby stipulate that the amounts due to Plaintiff shall be $828,001.61 plus interest from November 17, 2008 in the amount of $83.64 per diem plus costs associated with this action. 4. Plaintiff and Defendant stipulate and agree that Plaintiff may file a praecipe requesting the issuance of a writ of execution to the sheriff of Cumberland County on the real estate located at 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 5. The undersigned hereby authorizes and directs the Prothonotary to enter in the judgment index a judgment against the Defendant in the amount of $828,001.61 plus interest from November 17, 2008 in the amount of $83.64 per diem plus costs of suit. Dated: November Z? 2008 BY: ,!,!-?: 25 Orrstown Bank William A. Duncan, Esquire Attorney for Plaintiff AA,? k cli C'J N William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 Attorney for Plaintiff ORRSTOWN BANK vs. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RUFE CHEVROLET, INC. Defendant TO RUFE CHEVROLET, INC., Defendant NO 08-3348 CIVIL CIVIL ACTION IN FORECLOSURE You are hereby notified that on November J-6 , 2008, judgment was entered against you in the sum of $828,001.61 in the above-captioned case. Date: /sy "T? r Prothonotary y "k YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166