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HomeMy WebLinkAbout08-3349Duncan & 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 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RUFE CHEVROLET, INC. Defendant CIVIL ACTION 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 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RUFE CHEVROLET, INC. Defendant CIVIL ACTION 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 March 10, 2006, Defendant made, executed and delivered to Plaintiff a Mortgage and Note financing $850.000.00. Copies of the Mortgage recorded in Cumberland County Mortgage Book 1943 Page 248 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 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 $ 733,435.84, with a current interest rate thereon at the rate of 9.0%, 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 $ 816,744.42 (Per diem $ 183.36 ) B. Late Charges 3,561.79 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 43,982.63 TOTAL $ 923,635.32 Plus $ 183.36 Per Diem from May 28, 2008 WHEREFORE, Plaintiff prays this Court enter judgment in favor of Plaintiff in the amount of $ 923,635.32 , together with interest thereon at the rate of $ 183.36 per day, costs and all other amounts advanced by Plaintiff. William A. Duncan, 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. A6wr--? John H. Bowers Date Vice President, Orrstown Bank D SEP-25-2007(TUE) 16:18 VIN Parcel Identification ?08 ?9" d/olo? 0 Number: RECORDATION REQUESTED BY: ORRSTOWN BANK SEVEN 13ARLES OFFICE 77 EAST KING STREET P O BOX 260 SH(PPENSBURG, PA 17257 WHEN RECORDED MAIL TO, ORRSTOWN BANK SEVEN GABLES OFFICE 77 EAST KING S'T'REET P O BOX 250 SHIPPENSBURG, PA 17257 COPY °. 003 FOR ECORD R' US ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES Amount Secured Hereby: $850,000.00 THIS MORTGAGE dated March 10, EROHIGHWAY, CARLISLE, PA lief RredEto INC, whose address is 1601 RITN GRANT KING STREET, P 0 whose ares Is 77 to below as s Lender" l- below as "Grantor") and ORRSTO B(referred ANK, BOX 250, SHIPPENSSURG, PA 17257 GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, all describe releases, confirms w thgalllleexietingnoor subs quently ereowd,ortlaffixed ibuildingsnterest Imand pro ementsl and fixtures: all real al property, 9 streets, lanes, allays, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, and hereditsments, and appurtenances with respect thereto; all water, water and ditch rights (including p stock in utilities remainders with p Includin wit out ditch or irrigation rights), and ell other rights, royalties, and profits rels?ngee:RealslP?Ope?") IoCa#ed in limitation all minerals, oil, gas, geothermal and similar matters, tthh CUMBERLAND County, Commonwealth of Pennsylvania; See attached The Real Property or its address is commonly known-'as 1601 RITNER HIGHWAY, CARLISLE, PA 17013. CROSS-COLLATERAUZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or Note, , absolute whether voluntary or otherwise, whether due or hereafter noduerl direct or Indirect, determined oreunde the or contingent, liquidated or unliquldated, whether Grantor may be liable Individually or jointly with others, whether amounts such recovery se, and obl , sure may herleafter may buarantor ecome barred byc ny a tutee of limaetions, and lwhether the obligation to repay such amounts may be or h hereafter may become otherwise unenforceable. on, ness of the Mortgage REV LINE a re credOI which obllg tea RLan dIT. er Wh,make ad antes tosGrantor ubnledss Gr ntor fails to ompley w th all thevtermolving Ono cre , Nato. all R nassigns ts from to Lender all of Granto's the Property in drditionl,tGrantor grants rtotLender a Uniform Commercial eCodeese urity In and to all present and Property Grantor presently Interest in the Personal Property and Rents. PERSON URE (A) PAYMENT OF THE INDEBTEDNESS ND (1 PERFORMANCE OF THIS MORTGAGE, AL PROPERTY IS GIVEN TO S CI ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $850,000.00. THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shall pay to Lander a amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's' possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property; (2) use, operate or manage the Property: and (3) 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. rethat: storage, Dtreeatmethe nt, period Grantor's disposal, of he Property, there has been no represents use, generation, manufact Lender Compliance c ownership Environmental release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and nvironme tal Laws, (b) use, acknowledged Lander writing, disposal,release violation of any threaten d Frreelease otnany Hazardous Substance generation, manufacture, storage, e, treatment, r ID??lat.;fDSP.'1 NOS ?JRR 10 PM 3 10 9KI 943PG0246 SEP-25-2007(TUE) 16;18 MORTGAGE' U (Conttnuedi ' ' ° Page 2 P. 004 on, under, about or from the Property by any prior owners or occupants of the Property, or (c) env actual or threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, of or release contractor. a agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose Substance on, under, about or from tho Property; and (b) any such activity shall be conducted In compliance is all all applicable federal, state, and local laws, regulations and ordinances, Including without Environmental Laws. 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 t0 Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence In Investigating the Property for Hazardous Substances, Grantor hereby (11 releases and waives any future claims against Lander for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all claims, losses, liabilities. damages, penalties, and expenses which Lander 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 occurring prior to Grantor's ownership or Interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to Indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other parry the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, call, gravel or rock products without Lender's prior written consent. Removal of Improvements, Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the iemovel of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lander to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms and conditlons of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, end regulations, now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With Disabilities Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender In writing prior to doing so and so long as, In Lender's sole opinion, Lender's Interests in the Property are not jeopardized. Lander may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lander, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare Immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without 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 Reel Property or any right, title or Interest In the Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of an Interest In the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also Includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company Interests, as the case may be, of such 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 (lens on the Property are part of this Mortgage: Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to In this Mortgage or those (lens specifically agreed to in writing by Lander, and except for the lien of taxes and assessments not due as further specified In the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Property is not jeopardized. If a lien arises or Is filed as a result of nonpayment, Grantor shall within fifteen (IS) days after the lien arises or, If a lien is filed, within IIftean (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or solo under the lien. In any contest, Grantor shall defend itself and Lander and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lander as an additional obilgee under any surety bond furnished in the contest proceedings. the taxes Evidence of Payment. Grantor shell upon prdemand furnish to Laner otloffiial satisfactory to delveto evidence Lander at any time a written or and shall authorize the appropriate Bovenmenta or assessments statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 0 5) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's lien, materlalmen'e lien, or other lien could be asserted on account of the work, services, or-materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Mortgage: oK-i94ORGO249 SEP-25-2007(TUE) 16:18 COPY P. 005 MORTGAGE pegs 3 (Continued) Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds In such liability Insurance policies. Additionally, Grantor shall maintain such other Insurance, Including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such Insuraneo 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 can (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each Insurance policy also shall Include an endorsement providing that coverage In favor of Lender will not be impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property be 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, If available, within 45 days attar notice Is given by Lender that the Property is located in a special flood hazard area, 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 sot under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any lose or damage to the Property. Lender may make proof of loss If Grantor falls to do so within fifteen 1151 days of the casualty. Whether or not Lender's security Is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proeaods to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lander shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable coot 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 this principal balance of the Indebtedness. If Lender holds any proceeds attar payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. compliance with Existing Indebtedness. During the period In which any Existing Indebtedness described below Is In effect, compliance with the Insurance provisions contained in the Instrument evidencing such Existing Indebtedness shall constitute compliance with the Insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplicatlon of insurance requirement. If any proceeds from the Insurance become payable on logs, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. Grantor's Report on Insurance. Upon request of Lender, however not more than once o year, Grantor shall furnish to Lender a report on each existing policy of Insurance showing: (1) the name of the Insurer; (21 the risks insured; (3) the amount of the policy; (4) the property Insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's Interest in the Property or If Grantor falls to comply with any provision of this Mortgage or any Related Documents, Including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness In good standing as required below, or to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures 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 Grantor. All such oxpenses will become a part at the Indebtedness and, at Lender's option, will (Al 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 Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lander may be entitled upon Default. Grantor's obligation to Lender for all such expanses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage. Title. Grantor warrants that: Is) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and encumbrances- other than those set forth in the Real Property description or In the Existing Indebtedness section below 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 lb) 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 Lander under this Mortgage, Grantor shall defend the action at r:ranrnr'% AvnAnnA, rrAnlnr maw hA the nnm;mnl narrv In Allr:h nmeRfidina, hilt Lender shall be entitled to 5'EP-25-%`007(T1JE) 16:19 P. 006 Q&M?V' MORTGAGE page 4 (Continued) default under any security documents for such Indebtedness. mortgage or other security No Modification. Grantor shall not enter Into any agreement haitagthe holders modified, am need, extended, or agreement which has priority over this Mortgage by which renewed without the prior written consent of Lendor. Grantor shall nolther request nor accept any future advances under any such security agreement without the prior written consent of Lender, CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage; Proceedings. If any proceeding In condemnation Is flied, Grantor shall promptly notify Lander in writing, and Grantor shell promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be time to time to delivered to such as may be choice, cause Lender such In the.,proceedlng by counsel of represnted req? seed rbytLender fromver or Instruments and documentation Its own participation. Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by n of the any proceeding or purchase lieu of condemnation, Lander may at Its election require that all or any the Indebtedness or the repair o o toration of the Property.loThe not net proceeds of the award b be applied to proceeds of the award shall mean the award after payment of all actual coats, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. 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 Lander, Grantor shall execute such documents In addition to this Mortgage and take whatever other action Is requested by Lender to perfect and continuo Lender's lion on the Deal Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage: 131 a tax on this typo of Mortgage chargeable against the Lender or the holder of the Note: and (4) 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 seotlon applies is enacted subsequent to the date of this Mortgage, this event shall have the same affect as an Event of Default, and Lander may exercise any or all of Its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided, above in the Taxes and Liens section and deposits with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lander. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This constitute a Security Agreement to the extent any of the roperty constitutes fixtures, and Lende shall have ealll of the rights of a secured parry under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lander to perfect and continue Lender's security Interest In the Rents and Personal Property, In addition to recording this Mortgage In the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lander for all expenses Incurred In perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lander within three 13) days after recaipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor Idebtor) and Lender (secured parry) from which Information concerning the security Interest granted by this Mortgage may be obtained leach as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS, The following provisions relating to further assurances and additional authorizations sea a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lander, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be flied, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lander may deem appropriate, any and all such mortgagee, deeds of trust, security deeds, security agreements, financing statements, c6ntinuation statements, Instruments of further assurance, certificates, and other documents as may, In the sole opinion of Lander, be necessary or desirable In order to effectuate, complete, perfect, continua, or preserve 01 Grantor's obligations under the Note, this Mortgage, and the Related Documerns, and (2) the liens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lander agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matters referred to In this paragraph. Arldh mmi AiKhn67"nns. if Grantor fells to do any of the thins referred to In the orecedlno paraaraph, Lender 3EP-25-? 00 (TUE) 16:19 COPY P. 007 MORTGAGE Page 5 (Continued) 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 lion. Other Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the, Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misloeding at any timo thereafter. perfectedn ceass to be In full tyinterest or l ion) at any t me and (Dine uding ailure of llany con. ollateral document to create a valid Relatod for any reason. Insolvency. The dissolution or terminatlon of Grantor's 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. Creditor or Forfeiture proceedings. 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 property securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply If there Is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monlea or a surety bond for tho creditor or forfeiture proceeding, In an amount determined by Lander, In Its sole discretion, as being an adequate reserve or bond for the dispute, Existing Indebtedness, The payment of any installment of principal or any Interest on the Existing Indobtodneas Is not made within the time required by the promissory note evidencing such Indebtedness, or a default occurs under the Instrument securing such Indebtedness and Is not cured during any applicable grace period In such Instrument, or any suit or other action Is commenced to foreclose any existing lion on the Property. Broach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lander, 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. In the event of a doath, 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. Adverse Change. A material adverse change occurs In Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtednoss Is Impaired. Insecurity. Lender In good faith believes Itself Inaeeure. Right to Cure. If any default, other than a default In payment is curable and if Grantor has not been givnn a notico of a breach of the same provision of this Mortgage within the preceding twelve 1121 months, It may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: 111 cures the default within fifteen 0 51 days; or 121 If the cure requires more than fifteen 1151 days, immediately Initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the default 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 an Event of Default and at any time thereafter, Lendor, at Lender's option, may exercise any one or moro of the following rights end remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lander shall have the right at its option, after giving such notices as required by applicable low, to declare the entire Indebtedness immediately due and payable. UCC Remedios. With respect to all or any part of the Personal Property, Lander shell have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rerrts. Lander shell 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 not proceeds, over and above Lender's costa, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably authorizes Lander 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 Lander in response to Lander's demand shall satisfy tho obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to oporata the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right SEP-25-•2007(TUE) 16:20 OP P. 008 MORTGAGE Page 6 (Continued) Nonjudieial Sells. If permitted by applicable ln j , Land sole. may foreclose Grantor's interest In all or In any part of the Personal Property or the Real Property by non-judicial Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining In the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided In this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession at the Property upon default of Grantor, Grantor shall either ) vacate the Property Immediately Lender's option, demand(of the Property and shall, at Lender. become a tenant at pay s reasonable rontalffor the use of the Properrtycors (2) of Other Remedios. Lender shall have all other rights and remedies provided In this Mortgage or the Note or available at law or In equity. Salo of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lander shall be free to sell all or any port of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least tan 00) days before the time of the sale or disposition. Any solo of the Personal Property may be made in conjunction with any solo of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action 70 perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to llmlt•or restrict he rights and remedies available to Lender following an Event of Default, or In any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other cc-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or Indirectly securing the Indebtedness, Attorneys' Foos; Expenses, If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lander shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' face at trial and upon any appeal. Whether or not any court action Is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs 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 beer interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable low, Lander's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunetlonl, appeals, and any anticipated post-judgment collection services, the coat of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable low. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable low, any notice required to be given under this Mortgage shall be given in writing, and shall be effective whom actually delivered, when actually received by tolofacsimile lunless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mall, as first class, certified or registered mall postage prepaid. directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lion which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change Its address for notices under this Mortgage by giving formal written notlce to the other parties, specifying that the purpose of the notice Is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, it there Is more then one Grantor, any notice given by Lander to any Grantor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. - Annual 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 shell require. "Nat operating Income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property. 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. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver Is given In writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of I-ander's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lander Is required under this Mortgage, the granting of such consent by Lander in any Instance shall not constitute continuing consent to subsequent Instances where such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of Lender. Severability. If n court of competent jurisdiction finds any provision of this Mortgage to be illegal, Invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage, Unless otherwise required by law, the Illegality, Invalidity, or unenforceability of any provision of this Mortgago shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger, There ohall be no merger of the Interest or estate created by this Mortgage with any other Interest or estate in the Property at any time held by or for he benefit of Lender in any capacity, without the written consent BKI943fG02.53 SEP-25-2007(TUE) 16;20 COPY P. 009 MORTGAGE Page 7 (Continued) of Lander. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's 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 Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used In the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined In this Mortgage shall have the meanings attributed to such terms in ths• Uniform Commercial Code: Borrower. The word "Borrower" means ROPE CHEVROLET, INC and includes all co-signers and ca-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth In this Mortgage In the section titled "Default", Environmental Laws. The words 'Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 90-499 Conse anionandRecO Recovery Act, r42 U S.C. Section 6901, at $eq., or 8 otU.S.C. Section her applicable state . or at *eq., the federal Iowa, rul se "R or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described In the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" moans RUFE CHEVROLET, INC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitatlon a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed at, generated, manufactured, transported or otherwise handled, The words "Hazardous Substances" are used in their very broadest sense and Include without limitation any and ail hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum by-products or any traction thereat and asbestos. Improvements, The word "Improvements" moans all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property,, facilities, additions, replacements and other construction on the Real Proparty. Indebtedness. The ward "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advancod by Lander to discharge Grantor's obligations or expenses Incurred by Lander to enforce Grantor's obligations under this Mortgage, together with interest on ouch amounts as provided in this Mortgage. The liens and security Interests created pursuant to this Mortgage covering the Indebtedness which may be created In the future shall relate back to the date at this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Crosa-Collateralization provision of this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, Its successors and assigns. Morcgago. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means tt o promissory note dated March 10, 2006, in the original principal amount of $850,000.00 from Grantor to Lander, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is November 24, 2006. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words 'Personal Property" mean all equipment. fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all reploce((n?ents of, and, all., substitutions, for,. any of such. property; and together with all proceeds (Including without lirflltatlon all insurance proceeds . and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described In this., Mortgage. Related Documents. The words "Related Documents" mean oil promissory notes, credit agreements, loan ..........*. .-T." .,.-..t.1 -n 41 Onr2 ruvlramlac aamirity anrRnmenta, rnwaacen. deeds of trust, security SEP-25-2007(TUE) 16:21 P.010 D d fte 'MORTGAGE page 8 (Continued) GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS HAMORTGAGE IS GIVEN UNDER SEAL AND IT IS VE THE EFFECT OF A SEALED INSTRUMENT IAC ORDING TO LAW, MORTGAGE IS AND SHALL CONSTITUTE AND GRANTOR: RUFE CHEVROLET, INC kaM .. ':}?$e!"i tfk""'°"#' •"'?:. •??r.?ir`,'.,:?•(: :'`0 r•:. EARL ,':? "';' 5,•y4?' '• B L L SCHORPP, II, Presid . ROLET, INC ?` • ?`. N' ' ATT o.,.?? Corporate S r???-c • 'J .?.,' ?' ' Secretaryor Assistant Secrewry •ri J CERTIFICATE OP RESIDENCE I hereby cartlfy, that tha precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: SEVEN GABLES OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, ?17257 Attorney or Agent for Mortgagee CORPORATE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ' ) SS COUNTY OF I 16 day of 0*44 sv , 200(- , before mo - this, the ared EARL L SCHORPP, II, ?IBS the undersigned Notary Public, personally apps President of RUFE CHEV OLET. INC, who acknowledged himself or herself to be the President of RUFE CHEVROLET, INC. of a corporation, and that he or she as such President of RUFE CHEVROLET. INC, being authorized to do no, exocuteii`;the,foregoing Instrument for the purposes therein contalned by signing the name of the corporation by himself : i 'or6ersel" • 'baldent of RUFE CHEVROLET, INC. fnfyirltin sls whilreof, 1 hereunto out my hand and offlclsl seal. 14ZL Nary Public in and for the State of _P.?IA1s7-?1?Ia 9.1 V«. 0.? Z75" GN.? rlrlr? /.,w,? MM„rR M. NOTARIAL SEAL CHARLES C. CAR07HEM RL N OMY Plbtk f; Wft Boro. Cismalarld County, P1? QpnlrNla?n Exprlres February 17.2007 gK-I943'PG0255 SEP-25--2007(TUE) 16:21 P. 002 00 p LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, er Park Pennsylvania, designated as Parcel No. 1 on a certain Land Subdivision T?age n for R to bounded and deAss s ciat s, dated 71, bed in October 31, 1978 and recorded in Cumberland County Plan Book 34, accordance with said Land Subdivision Plan, as follows, to wit: foo BEGINNING at an iron pin in the northern right-of way line of U.S•Woute I I (a 5 of CtHi a right-of- way) at the dividing line between the premises herein described degrees 15?minutes West, a d stance of 500.06 feet Sons; thence along the line of said U.S Route 11, to a, point; thence North 17 degrees 50 minutes, 30 seconds West a distance of 882.93 feet to a point; thence of lan now North 72 degrees, 9 minutes 30 seconds East a distance lne South 17 degrees SOtrninlutes, 30 seconds East a of 500.00 feet to a formerly of C. H. Masland & Sons; thence along said distance of 875.00 feet to an iron pin, being the point and place of BEGINNING, CONTAINING 10.089 acres, more or less. ?a ndated July 7, BEING the same which Cumberland County Industrial Development A horitPenn s deed 1999 and recorded December 1, 2000 in the Recorder of Deeds, Cumberland County, Deed Book 235, Page 367, granted and conveyed unto RUfe Chevrolet, Inc. EXCEPTING from the above-described premises all that certain tract of l consistWaying 1,512.30 dated square feet which was granted to the Borough Cumberland County Deed of Easement Book 409 a Page 1118, which tract was December 12, 1991, and recorded in Cum conveyed to facilitate the widening of the public street known as industrial Drive. T CC I-tj BK 194 3 Gfl256 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 item. Any item above containing "* * *" has been omitted due to text length limitations. Borrower: RUFE CHEVROLET, INC (TIN: 23-1275566) Lender: ORRSTOWN BANK 1601 RITNER HIGHWAY SEVEN GABLES OFFICE CARLISLE, PA 17013-9380 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 1725 ' Principal Amount: $850,000.00 Initial Rate: 8.000% Date of Note: March 10, 2006 Maturity Date: November 24, 2006 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 Eight Hundred Fifty Thousand & 00/100 Dollars ($850,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid interest on November 24, 2006. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning April 10, 2006, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any Into charges. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied 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. 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 Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 7.500% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 0.500 percentage points over the Index, resulting in an initial rate of 8.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower 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 Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse% or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower 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, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 3.500 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's 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 or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower'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 Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 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. v PROMISSORY NOTE Loan No: 26360300101 (Continued) Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve 0 2) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 0 5) days; or (2) if the cure requires more than fifteen 0 5) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. -Borrower 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, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes 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. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note if: (A) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; (D) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes itself insecure. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, 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. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's 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, SEVEN GABLES OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. 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. Borrower 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; 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. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. 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, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, 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 BY 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 AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN ?w 1 PROMISSORY NOTE Loan No: 26360300101 (Continued) Page 3 REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES 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: RUFE CHEVROLET, INC BY: ,.! ......lseaq EARL L SCHORPP, II, President of RUFE CHEVROLET, INC LASER PRO Leedie5• V.. 6.30,0.009 Cep. IWhnd ion W Solution,, Im. 1997. 2008. AI f4hb Re,mred. - pA Q:1Ci1KPUD20.FC TW12M PR, Tax Parcel No: 50-08-0579-014D DEED ? d' MADE THE Xa 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 PennsylvanR -j `'' Industrial and Commercial Development Authority Law with offices in Cumberland CougV, n Pennsylvania, ?•' GRAA I OR, `; and RUFF CHEVROLET, INC., a Pennsylvania business corporation with prit}cgia offices at 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania, N) 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. 1 on a certain Land Subdivision Plan for Ritner 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 Rimer 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 Bull,,, 235 PACE 3M .. •.V 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 and 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 By (SEAL AS s f 5 ec ET 1'QRy ) hat as *Nr_=M 'GIGO z is aG Iry N O ? r r w ab 4Y O w L eoox 235 PAGE 368 i COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) ON THIS, they day of , 1999, before me, a Notary Public, the undersigned officer, personally appeared ?a r7f, A. n _L , who acknowledged himselfMerself 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. CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named Orantee 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. Attorney for Grantee BOOK 235 PACE 369 A .. " 1r uv.1r1 n 1?el AArL ?Oµxg1WEAUN OF PENNSYLVANIA DEPARTIAENT Of REVENUE YNRAU or PON TAX" OW. NAEEIESUxO. PA 1717641607 Campiele seal! xsdiee and file I. doprcole with is wilhuut coadderal{as! or. by gift, as?I ta a tax REALTY TRANSFER TAX STATEMENT OF VALUE See Reyene fog Ilk cli-$ «.al pydswMa 1) the Fe1 valodcollsf ._ Y RECORDER'S USE ONLY .. 3 , s 'IF 3?• 1. pat all brih in &a dead, (2I when the dead Ir d R the transfer is wholly exwmpt from tax Nom. Ane Cade 1 717 1 243-3341 Edward L. Schorpp, B-pire a vo a Street Carlisle PA 17013 10 East High CunibEtrland County Industrial Strati AaaNa 212 N. Hanover Street ty ote Carlisle, PA C PROPERTY LOCATIOb 1601 Ritner Highway ••tr Cunterland nt Auth Rufe Chevrolet, Inc. reel 1601 Ritner Highway Iy 17013 Carlisle, PA gprough of Carlisle {d a. 50-08-0579-014D Carlisle Area School District 7. Chock Appropriate Box Below ter RxerrlPNaa Claimed 17013 ? wit a intestate sv-slon -- R-oe me rw.mmt ? Trcosfa 1o Industrial Development Agency. ? T,a,,Fo to a 1r -t- (Al.,h cm PI-1- coPy of trust agreement idenlNyinp all beneficiaries.) ? T..Fer between principal and agent. (ANach complete COPY of agenrylurow party agreameM.) con r& to the or In P. ekh, d the mnaNe, attack copy of sdtailities on by gift' deacation, condemnation a in #s of condemnation. States OW (if Book Number , Pogo Numb" ? Transfe C3 Transfer From nwAgagor 1. o holder of o mortgage In default. mortgage Boo ? corrective or confirmatory deed. (Attach completo copy OF the prior deed being correAed or confirmed.) ? Slatulery corporate consolidation, merger or di•ision. (Attach copy OF orlicles.) ? Other (Please explain exemption daimed, if O haP then listed above.) Loader po.alNes allow, I declore it"* I have exaalead this Stal.mant, indadlnp ."_PW Ytng ilderm,d", and to the best of my ke.wlodip acrd belief, it Is Irv-, Correct and complete. i.-an.. r.. .r es.w ...?,r eoox 235 rice 370 ?? ?-.ao FAILURE TO COMPLETE TNIS FO PROPERLY OR ATTACH AppLoCASLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. \J SHERIFF'S RETURN - REGULAR CASE NO: 2008-03349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS RUFE CHEVROLET INC ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUFE CHEVROLET INC the DEFENDANT at 1600:00 HOURS, on the loth day of June 2008 at 1826 RASP DRIVE CARLISLE, PA 17013 by handing to EARL SCHORPP, PRESIDENT OF COMPANY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge t 1 /17/0F9- 18.00 5.00 .59 10.00 .00 ? 33.59 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 06/11/2008 DUNCAN & HARTMAN eputy S eri f A.D. a ORRSTOWN BANK, Plaintiff V. RUFE CHEVROLET, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 08-3349 CIVIL ACTION ANSWER TO COMPLAINT AND NOW, comes the Defendant, Rufe Chevrolet, Inc., by and through its counsel, Cunningham & Chernicoff, P.C., and files its 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. 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. Respectfully Date: July 3, 2008 By: /,/- 'Rob c , Esquire PA, upre e o ID #23380 Kelly A ght, Esquire PA Supreme Court ID #87365 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 VERIFICATION I, 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 unworn falsification to authorities. RUFE CHEVROLET By: Earl L. Schorpp, II Its: President Date: 7-J, , 2008 ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff PENNSYLVANIA 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 Date: July 3, 2008 M & C ERNICOFF, P.C. By: CUNqu;lieannAeAmetrano FAHome\KKNIGHTII O S\Rufe Chevrolet\Otrstown Bank.3349\Answer to camp rn ro ' "C fV -4 Dated: 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 : NO 08-3349 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 $1,040,380.90, with interest at the rate of $177.08 per diem from November 17, 2008 together with costs of suit, in conformity with the Consent to Entry of Judgment filed herewith. c c?- William A. Duncan, Esquire Attorney for Plaintiff 014 Z :C d 91 Z AON HE ?r ' E0, William A. Duncan I.D. #22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 Attorney for Plaintiff ORRSTOWN BANK VS. RUFE CHEVROLET, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO 08-3349 CIVIL CIVIL ACTION IN FORECLOSURE CONSENT 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. Through counsel, Plaintiff and Defendant hereby stipulate that the amounts due to Plaintiff shall be $1,040.380.90 plus interest from November 17, 2008 in the amount of $177.08 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 $1,040,380.90 plus interest from November 17, 2008 in the amount of $177.08 per diem plus costs of suit. Dated: Novemberl008 A&2-?1-- BY: V &7-Z2S , vf'£ /-W S f,0.5,17- Orrstown Bank C vuua4 William A. Duncan, Esquire Attorney for Plaintiff Twl. _.. ; ??Y i f ?J 8? ;u Ir°d 9? AON89oz 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 08-3349 CIVIL CIVIL ACTION IN FORECLOSURE You are hereby notified that on November ?_ ( v , 2008, judgment was entered against you in the sum of $1,040,380.90 in the above-captioned case. Date: 151 dtl,.- ?? ` a ?O r ' v Prothonotary ,i/ l 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 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ORRSTOWN BANK VS. Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO 08-3349 CIVIL RUFE CHEVROLET, INC. Defendant : CIVIL ACTION : IN FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter of the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant 1601 Ritner Highway Carlisle, PA 17013 Amount due: Interest from November 17, 2008 to date of Sale at $177.08 per diem Costs to be added Date ? ) W D b $1,040,380.90 C William A. an 1 Irvine Row, Carlisle, PA 17013 Attorney for Plaintiff 717-249-7780 Supreme Court ID 22080 c? 1 l n 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3349 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From RUFE CHEVROLET, INC., (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the p ?operty of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an paying any debt to or for the account of d (s) or otherwise disposing thereof; (3) If property of the defendant(s) not le of anyone other than a named garnishee, garnishee and is enjoined as above stated. Amount Due $1,040,380.90 Interest FROM 11/17/08 TO DATE Atty's Comm % Atty Paid $152.59 Plaintiff Paid Date: NOVEMBER 26, 2008 (Seal) achment has been issued; (b) the garnishee(s) is enjoined from defendant (s) and from delivering any property of the defendant i upon an subject to attachment is found in the possession are directed to notify him/her that he/she has been added as a L.L. $.50 SALE AT $177.08 PER DIEM Due Prothy $2.00 Other Costs By: C is R. L o ono 7 Deputy REQUESTING PARTY: Name WILLIAM A. DUNCAN, ESQUIRE Address: 1 IRVINE ROW CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-7780 Supreme Court ID No. 22080 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ORRSTOWN BANK VS. Plaintiff RUFE CHEVROLET, INC. Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO 08-3349 CIVIL CIVIL ACTION IN FORECLOSURE CERTIFICATION William A. Duncan, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premsies are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage (X) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled. This certification is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date: November 26, 2008 Cam` William A. Duncan, Esquire Attorney for Plaintiff 1 Irvine Row, Carlisle, PA 17013 C' ?' La _. ?? -n -?' ? - , ?? i ?.i ?? ?. O'+ ? S. . _? `__., "'t7 . T.: .. ;, _._A ?) 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 : NO 08-3349 CIVIL RUFE CHEVROLET, INC. Defendant CIVIL ACTION IN FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 William A. Duncan, Attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1601 Ritner Highway, Carlisle Borough, Cumberland County, Pennsylvania: 1. Name and address of owners or reputed owners: Rufe Chevrolet, Inc. 1601 Ritner Highway Carlisle, PA 17013 also c/o Earl L. Schorpp, II 1826 Rasp Drive Carlisle, PA 17013 2. Name and address of Defendant in the judgment: Rufe Chevrolet, Inc. 1601 Ritner Highway Carlisle, PA 17013 also c/o Earl L. Schorpp, II 1826 Rasp Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Departient of Revenue Strawberry Square Harrisburg, PA 17101 Cumberland County Tax Claim Bureau Cumberland County Courthouse Annex Courthouse Square Carlisle, PA 17013 4. Name and address of the las recorded holder ov every mortgage or record: Orrstown Bank P.O. Box 250 Shippensburg, PA 17257 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: None 6. Name and address of every other person of whom the Attorney for Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject of the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: November 26, 2008 William A. Duncan, Esquire Attorney for Plaintiff 1 Irvine Row, Carlisle, PA 17013 ` C'? ? .,, C.? ...;; '_?' ?r3 _ ?, ' S ?5"1 14 -^ . ? S ti _ , '--? l' , ?L , , ..... ? ., p %' sue- ' °?? K'°? :.? William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ORRSTOWN BANK Plaintiff vs. RUFE CHEVROLET, INC. Defendant To: Rufe Chevrolet, Inc. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO 08-3349 CIVIL : CIVIL ACTION : IN FORECLOSURE NOTICE c/o Earl L. Schorpp, II, President 1826 Rasp Drive ?I Carlisle, PA 17013 Your real estate situate at 1681 Ritner Highway, Carlisle Borough, Cumberland County, Pennsylvania 17013 is scheduled to be sold at a Sheriff's Sale to be held on March 4, 2009 at 10:00 a.m. in the 4`h floor, Jury Assembly Room, Cumberland County Courthouse, Carlisle, Pennsylvania, to enforce the judgment of $1,040,380.90 plus costs and fees obtained by Orrstown Bank against you. NOTICE OF OWNER'S RIGHT YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to the Sheriff of Cumberland County the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at 717-240-6390. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to the value of your property. 3. The sale will go through only f the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at 717- 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. 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 LISTED 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 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, designated as Parcel No. 1 on a certain Land Subdivision Plan for Ritner 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 which Cumberland County Industrial Development Authority by its deed dated July 7, 1999 and recorded December 1, 2000 in the Recorder of Deeds, Cumberland County, Pennsylvania, Deed Book 235, page 367, granted and conveyed unto Rufe Chevrolet, Inc. There is excepted from the above described premises 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, 1991, 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. ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. RUFE CHEVROLET, INC. : CIVIL ACTION 2008-03349 Defendant : IN FORECLOSURE AFFIDAVIT OF SERVICE William A. Duncan, being first duly sworn according to law, deposes and says that he served the Notice of Sheriff's Sale and Divestiture of Liens in the above captioned matter by depositing a true and certified copy of same in the United States mail, postage prepaid, return receipt requested (return receipt attached hereto), on January 30, 2009, addressed to the following: Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-0948 Strickler Agency, Inc. 95 Alexander Spring Road PO Box 699 Carlisle, PA 17103 Orrstown Bank Robert E. Chernicoff, Esq. 77 E. King Street Attorney for Rufe Chevrolet, Inc. Shippensburg, PA 17257 Cunningham & Chernicoff, PC P.O. Box 60457 Harrisburg, PA 17106-0457 Tax Claim Bureau of Cumberland County McNees Wallace & Nurick LLC One Courthouse Square 100 Pine Street Old Cumberland County Court House P.O. Box 1166 Carlisle, PA 17013 Harrisburg, PA 17108-1166 Elizabeth C. Schorpp 1826 Rasp Drive Carlisle, PA 17013 Earl L. Schorpp 1826 Rasp Drive Carlisle, PA 17013 \ ML ' AtA--- William A. Duncan, Esq. Sworn to and subscribed to before me this 30' day of January, 2009. =0.A 11x.7YLVAP Public EAL tary public riond County March 7, 2411 ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . RUFE CHEVROLET, INC. : CIVIL ACTION 2008-3349 Defendant : IN FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 WILLIAM A. DUNCAN, Attorney for Plaintiff in the above action, sets forth as of the date of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania: 1. Name and address of owner or reputed owner: RUFE CHEVROLET, INC. c/o Earl L. Schorpp, II, President 1826 Rasp Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Rufe Chevrolet, Inc. 1601 Ritner Highway Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-0948 Strickler Agency, Inc. 95 Alexander Spring Road PO Box 699 Carlisle, PA 17103 Orrstown Bank McNees Wallace & Nurick LLC 77 E. King Street 100 Pine Street Shippensburg, PA 17257 P.O. Box 1166 Harrisburg, PA 17108-1166 Tax Claim Bureau of Cumberland County Elizabeth C. Schorpp One Courthouse Square 1826 Rasp Drive Old Cumberland County Court House Carlisle, PA 17013 Carlisle, PA 17013 Earl L. Schorpp 1826 Rasp Drive Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 E. King Street Shippensburg, PA 17257 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: None 6. Name and address of every other person of whom the Attorney for Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ? l/" © l By: "L L \- William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 INV." 1 3 Certified Fee 9 ] Return Receipt Fee (Endorsement Required) Restricted Delivery Fee I (Endorsement Required) I Total Postage & Fees $ Sent o 1 Street, pt:7vo.; . or PO Box No. 00044 JAN 30 2009 ?44l1.(1 ZIP CODE 1701 3 Postmark 2 , Here x pomesti c mail C ' X- •RF F d l *J C • ' m, ;. ;• ( or , e: e • c r Y 1 d'l :YJ ri O Return Receipt Fee O (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) r-1 Total Postage & Fees $ sent e e 0tieet .; °---Ti r_ or PO Box No. D (Domestic • 1 For deli ir.i u-'. vi-:t :,r r_ MOM P O ru 1 ..D 1 ' r-R • 00044 JAN 30 2009 _D i MAIL W ZIPCODE 17013 Certified Fee e e Postmark O Return Receipt Fee Return Receipt Fee (Endorsement Required) ?. Here O (Endorsement Required) O Restricted Delivery Fee Restricted Delivery Fee (Endorsement Required) O (Endorsement Required) rR Total Postage & Fees Total Postage & Fees $ :en, o ca sent o et,"" Y7vo S_ t ?' 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Postmark a. -90 Here i % Jrl i JAN 30 2009 ZIP CODE 1 7013 Postmark Here V40W1 iXl %r V %F W. %W r JAN 30 2009 ZIPCODE17013 Postmark r-R O Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) S r-1 Total Postage & Fees r_9 $ 1:113 Sent TO V Y' r _..'AIZ ,?:; --p0 C3 _ or PO Box No. 4 Ia (Domestic Only, No co co :G I ru ` 02 1P . ? -7;ft, M ' 000448'0 JAN 302009 _D •• 0004a JAN 30 2009 e MAILED ZIPCODE17013 ' MAIL", ZIP CODE 17013 ?(, r_9 Poaftnark Postmark Return Receipt Fee Return Receipt Fee Here n Hero O Endorsement Required) (Endorsement Required) C3 ( Restricted DFee Restricted Delivery Fee (Endorseme,=, red) O (Endorsement Required) S Total Postage & Fees $ V+ r-:1 Total Postage & s rq Fees $ V1 _ ?!1 -- .. .................. C3 or PO Box No. . ILJG___•°_ ----- --°--_ - or PO B. No. _?4"24P • - ---`--`--------° - - - - ---- ?: ?ra«o ------- I " ? ? ??? l ? ? ' ...? ?, , .,, r„ ?_ '{ =? ? :! ^t,? 4?1 4,,..J ? ?C7 C't'i ?' ? -?4. O p ,,?? ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. RUFE CHEVROLET, INC. Defendant : CIVIL ACTION 2008-03349 : IN FORECLOSURE PROOF OF SERVICE William A. Duncan, being first duly sworn according to law, deposes and says that he served the Notice of Sheriff's Sale and Divestiture of Liens in the above captioned matter by depositing a true and certified copy of same in the United States mail, postage prepaid, return receipt requested and delivery receipt all attached hereto, on January 30, 2009, addressed to the following and Proof of Service for each addressee is attached: Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-0948 Orrstown Bank 77 E. King Street Shippensburg, PA 17257 Strickler Agency, Inc. 95 Alexander Spring Road PO Box 699 Carlisle, PA 17103 Robert E. Chernicoff, Esq. Attorney for Rufe Chevrolet, Inc. Cunningham & Chernicoff, PC P.O. Box 60457 Harrisburg, PA 17106-0457 Tax Claim Bureau of Cumberland County McNees Wallace & Nurick LLC One Courthouse Square Old Cumberland County Court House Carlisle, PA 17013 Elizabeth C. Schorpp 1826 Rasp Drive Carlisle, PA 17013 Sworn to and subscribed to before me this 4`h day of February, 2009. 9-16t-? Ootary Public 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Earl L. Schorpp 1826 Rasp Drive Carlisle, PA 70 William A. Duncan, Esq. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JOAN D. ADAMS, Notary Public Carlisle Boro., Cumberland County My Commission Expires March 7, 2011 items i, 2, and S. Also complete to CC) e6tricted Delivery Is desired. X`1!uz name and address on the reverse 0 Addressee E O can return the card to you. B. Received by (Printed Name) lf&Y?% VVV card to the back of the mailpiece, -0 0 0 0 1 J AN 3 0.%PV 2 0 0 9 ront if space permits. D. Is delivery address different from item 1? O Yea a M A D" L (P CODE 1 7 01 3 essed to: If YES, enter delivery address below: CI No r-1 Postmark r 6?olp -Owe-' Return Receipt Fee 7L ? C3 O (Endorsement Required) Here O Restricted Delivery Fee 0 (Endorsement Required) -31 rl Total Postage & Fees ?V r 5b ±JY?, p 3. SrAce Type a A' ified Mail O Express Mail CD ° V Y;mL p ? ? Registered ? Return Receipt for Merchandise r-3 .......... -- - - ---- ? Insured Mail O C.O.D. Sfreef, - 171- orPOBoxNo. ?QJ?x ?O °I`?--- 4. Restricted Delivery? (Extra Fee) D Yes state. DRt4 A -A bb 7008 1140 0001 6162 7813 pt 102595.02-W1540 items 1, 2 and 3. Also complete A. iestricted Delivery is Agent romeVic Mail 0nfv. No.'-.?iurance i- veragname and address on the reverse M Addressee ep 3 can return the card to you. B. Recap by( Pri N ) C. Date of Delivery N o s card to the back of the mailpiece, 9-;t-e) front if space permits. D. Is delivery addre4different from item 1 ? Yes 0 0 0 4 4 4 JAN 30 2009 ressed t : If YES, enter delivery address below: ? No ...0 Certified Fee ZIP CODE 1 701 3 lair o? C3 Poslrnark ? O O (??,,? ?. ? Here Restricted DeNvery Fee (. p,? u( p O (Endorsement Required) Y?"t(/'J' prvice Type r-9 Total Postage & Fees $ yf 0 r"? J$I/J PT e rj ?? ` 3 r- Certified mail [3 Express Mail r-4 ? Registered 0 Return Receipt for Merchandise TO - co Sent 0 Insured Mail O C.O.D. Q . PA 4. Restricted Delivery? (Extra Fee) SAP Jp /.? or PO Box.No ), j L. (f!=! '• .. .. Stets, 21P*4 .; r nbneservice lat?ei) 7 008 1140 0001 6162 7844 1 (,'February 2&4 Domestic Return Receipt 102595•024A-1540 Items 1, 2, and 3. Also complete A 3 CERTIFIED ? ? Agent testribted Dei?Vety Is desired. name and address on the reverse X p Addressee N (Domestic 9 can return the card to you. B. Received by (Printed Nam) . Date of Delivery N For del hard to the back of the mallpiece, fttt if space permits. tL e D. Is delivery address dff and from item 1? ? Yes ru ` gassed to if YES, enter delivery address below: 0 No r-9 00044 JAN 30 2009 O Y y { A? MAiI_ F. Z!P CODE 1 701 3 O Return Receipt Fee / ??rk Here q QO (Endorsement Required) Restric ted Delivery Fee 3. Service Type 0 (EndorsementRequhed) 'Fars{ CerYtied_ Mail 0 Express Mail J14 7f r-I r-q 0 Registered 0 Retum Receipt for Merchandise Total Postage $ Fees $ ?) /? -?J 0 Insured Mail 0 C.O.D. C env TO ?y ----------- n_ v( "? f 4. Restricted Delivery? (Extra Fee) O Yes Fieet. ip"t: h?o -'!? -_ IC).. lber r- or PO Box Na - - -°' - ---- - -- - °-- - 7008 1140 0001 6162 7820 c------- ---- ?m service ?abeq h I for I - '7 11, February 2004 Domestic Return Receipt 102595o2 en tsao r items 1, 2, and 3. Also complete estricted Delivery is desired. name and address on the reverse can return the card to you. card to the back of the mailpiece, ront if space permits. essed to: WallaadaVvv?? 9X 1) 04? i / wvi?f PA 7100 - // 4e4p A. Signature X B. Received by (Printed D. Is delivery address di If YES, enter srj' A g! Agent Date of Delivery 1 F 3. Service Type )7 Certified Mail ? Express Mail-' ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes ber 7008 1140 0001 6162 7851 m service label) 11, February 2004 Domestic Return Receipt 102595-02-M-1540 items 1, 2, end 3. Also complete lestrccted Delivery is desired. name and address on the reverse ) can return the card to you. s card to the back of the mailpiece, front if space permits. essed to: ?1?xand??? 5?g- ?' i L.n (Domestic .• Provided) T E O iu -0 02 1 P r_ -0 " 0004, JAN 30 2009 MAIL ZIP CODF_.1 701 3 r-9 - O C3 Retum Receipt Fee (Endorsement Required) go Postmark Here C3 Restricted Delivery Fee C3 (Endorsement Required) r9 Total Postage & Fees I s J, r? t ° .. or PO Box / --- ?ZIPr4 ---_ --- P,-rra?. `D A =AAA r-3 Agent 43 X ?.Addressee "- ed by( me e) C. Date of Delivery ru `j e- ..0 D. is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No r =I Return Receipt Fee O (Endorsement Required) 0 Restricted Delvery Fee =1 (Endorsement Required) JAN 30 2009 ZIP CODE 17 3 Mal C3 Express C Bred S" ° ?',??f'/?iG T??w- ---1 -n G - - 13 Return RMecefpt for Merctiandfse r o [3 Insured Mal C3 C.O.D. r aPOB'a?11b 4. Restricted D~ (Ars Fee) El Yes _.... - -r--- - -- -°•f---- ----- - --- Y1 )I, Chp State ZfF+4 -' 'bar 7008 1140 0001 6162 7806 11 February 2004 Domestic Retum- Receipt 102595-02-W1640 items 1, 2; and 3. Also complete estricted Delivery is desired. name and address on the reverse i can return the card to you. X Agent m Addressee cD 'tom r--&A*&V Delivery ; card to the back of the Mallpteoe, afty" uA l O L ru -A ront if space permits. -? 0 0 0 4 4 JAN 30 2009 Bssed to: D. Is address ci fletwtt f? Y ItyES, `deli '1dr"09 0 No ` ???+ ,-q e a CartiNed Fee 1- -7? ZIP CODE 17 01 3 7j J ?'L r C3 O r 3 Return Receipt Fee (Endorsement Reguired) Postmark `L/ Here 7 - - r3 Restricted Delivery Fee (Endorsement Required) 1? b L Y Jy? 3. rfwvice Type Cert W Mail ? r-3 ra Total Postage & Fees 1 // _7 ? Registered ? Return Receipt for Merchandise ? insured mail 13 C.O.D. co Sent o - 4. Restricted Delivery? (Extra Fee) 13 Yes or PO Box No. r bar 7008 1140 0001 6162 7837 City, State, ZlFxr ,m service fabeq . r 11, February 2004 Domestic Return Receipt 102595.02-M-1540 s 1, 2, and 3. Also complete cted Delivery is desired. ie and: address on the reverse I return the card to you. d to the back of the mailpiece, if space permits. d to: C) rp f f*')h p A.-Sijnature B. Received by (Printed Name) D. Is delivery address different from Item 1? If YES, enter delivery address below: / Agent ? Addressee is of delivery 3. Service Type Certified Mail ? Express Mail Registered O Return Receipt for Merchandise ? Insured Mail ? C.C:D. 4. Restricted Delivery? (Extra Fee) ? Yes rvicelaw) 7008 1140 0221 6162 7868 :ebruary 2004 Domestic Return Receipt 102595-02-M-1540 s 1, 2, and 3. Also complete ;ted Delivery Is desired. a and address on the reverse return the card to you. J to the back of the mailpiece, if space permits. i to: ba? G.S4a1* IZ4sp PV-1W s t.U, PA l7?l?i X3111! B. Received by (Printed Name) D. Is delivery address different from Item 1 If YES, enter delivery address below:/ of 3. Ice ype J? T Certified Mail O Express Mail ? Registered ? Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes viceAadef) 7008 1140 0001 6162 7882 ebruary 2004 Domestic Return Receipt 102595-02-M-1540 rO (Domestic Mail O nly; No 1:6,.urance "' ?verage Provided) _o '?? E O ru 02 1P I 000448 JAN 302009 M MAIL.EP FdW ZIP CODE 1 7013 ?(( O Return Posimerk Here O (Endorsement Required) C3 Restricted NOV" Fee C3 (Endorsement Required) ri Total Postage & Fees $ V+ rl M sent o' a V1 * OP/ M M r` ' _ . 1 Stree4 Api ?G6:; or PO Box iYo. ?"rf' v /? -------- --- - - - ---- ----- - -- -- - ......... ................ 1 ._._ . -- ......._.?. -- - - alt,, ?? s??, . . ru I (Domestic Mail O nly: No urance 7?-verage Provided) co r%- ru o e -0 rl `0 -• 00041E ¦ JAN 30 2009 • MAIL 2) ZIP CODE 17 0 13 ? J C3 M Return Recelpt Fee (Endorsement Required) Postmark were ? n1V O ResVicted Deft very Fee (E MOM Required) S r-1 Total Postage & Fees $ rl co O "L-14- © _-- - - --- - - ----- - - - - - - -- - -- . - - orPOBoxMa !! _ 45 _ __ ---- - -------- 0 1 ?c. 7 .. s F .r Orrstowil Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Rufe Chevrolet Writ No. 2008-3349 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2008 at 2110 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Rufe Chevrolet, by making known unto Earl Schorpp, President, at 1826 Rasp Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 0920 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Rufe Chevrolet located at 1601 Ritner Highway, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Rufe Chevrolet, by regular mail to their last known address of c/o Earl Schorpp, President, 1826 Rasp Drive, Carlisle, PA 17013. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, in accordance to civil process rule 3129.3, "If the plaintiff or a representative of the plaintiff is not present at the sale, the real property shall not be sold. The sheriff shall return the writ of execution to the prothonotary and file a return pursuant to Rule 3139, indicating that the real property was not sold because the plaintiff or a representative of the the plaintiff was not present at the sale". Sheriff's Costs: Docketing; 30.00 Poundage 18.62 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 15.00 Surcharge 20.00 ' Post Pone Sale 20.00 Law Journal 389.00, t -- Patriot News 400.13 Share of bills 15.52 949.77 So Answers: R. Thomas Kline, Sheriff BY Real Estate Coordinator ? &/I q/G 4 -?' 'J _2 r., Cl' )'ci . cz't '20 ;1'/S Ire a -7 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ORRSTOWN BANK VS. Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-3349 CIVIL RUFE CHEVROLET, INC. Defendant CIVIL ACTION : IN FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 William A. Duncan, Attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1601 Ritner Highway, Carlisle Borough, Cumberland County, Pennsylvania: 1. Name and address of owners or reputed owners: Rufe Chevrolet, Inc. 1601 Ritner Highway Carlisle, PA 17013 also c/o Earl L. Schorpp, II 1826 Rasp Drive Carlisle, PA 17013 2. Name and address of Defendant in the judgment: Rufe Chevrolet, Inc. 1601 Ritner Highway Carlisle, PA 17013 4 also c/o Earl L. Schorpp, II 1826 Rasp Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Department of Revenue Strawberry Square Harrisburg, PA 17101 Cumberland County 'Tax Claim Bureau Cumberland County Courthouse Annex Courthouse Square Carlisle, PA 17013 4. Name and address of the las recorded holder ov every mortgage or record: Orrstown Bank P.O. Box 250 Shippensburg, PA 17257 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: None 6. Name and address of every other person of whom the Attorney for Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject of the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 26, 2008 William A. Duncan, Esquire Attorney for Plaintiff 1 Irvine Row, Carlisle, PA 17013 William A. Duncan I.D. # 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 ORRSTOWN BANK vs. Plaintiff RUFE CHEVROLET, INC. Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 08-3349 CIVIL : CIVIL ACTION IN FORECLOSURE NOTICE To: Rufe Chevrolet, Inc. c/o Earl L. Schorpp,ll, President 1826 Rasp Drive Carlisle, PA 17013 Your real estate situate at 1601 Ritner Highway, Carlisle Borough, Cumberland County, Pennsylvania 17013 is scheduled to be sold at a Sheriff s Sale to be held on March 4, 2009 at 10:00 a.m. in the 4" floor, Jury Assembly Room, Cumberland County Courthouse, Carlisle, Pennsylvania, to enforce the judgment of $1,040,380.90 plus costs and fees obtained by Orrstown Bank against you. NOTICE OF OWNER'S RIGHT YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to the Sheriff of Cumberland County the amount of the judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland County at 717-240-6390. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the price was grossly inadequate compared to the value of your property. 3. The sale will go through only f the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at 717- 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days of the sale date. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the date of the filing of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. 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 LISTED 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 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, designated as Parcel No. 1 on a certain Land Subdivision Plan for Ritner 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 which Cumberland County Industrial Development Authority by its deed dated July 7, 1999 and recorded December 1, 2000 in the Recorder of Deeds, Cumberland County, Pennsylvania, Deed Book 235, page 367, granted and conveyed unto Rufe Chevrolet, Inc. There is excepted from the above described premises 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, 1991, 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3349 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From RUFE CHEVROLET, INC., (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount :Due $1,040,380.90 L.L. $.50 Interest FROM 11/17/08 TO DATE OF SALE AT $177.08 PER DIEM Atty's Comm % Due Prothy $2.00 Arty Paid $152.59 Other Costs Plaintiff Paid Date: NOVEMBER 26, 2008 (Seal) Cu s R. Long, no ary By: Deputy REQUESTING PARTY: Name WILLIAM A. DUNCAN, ESQUIRE Address: 1 IRVINE ROW CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-7780 Supreme Court ID No. 22080 Real Estate Sale #75 On December 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 1601 Ritner Highway, C arlisie more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 18, 2008 By: Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), R L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical. for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. '1f /V Marie Coyne, SWORTIrTO AND SUBSCRIBED before me this 13 day of February 13 2009 G ' Notary NOTARIAL SEAL DEBORAH A COLL INS Notary Public CARLISLE BORO, CUN',BERLAND COUNTY My Commission Expires Apr 2H, 2010 REAL ESTATE SALE NO. 75 Writ No. 2008-3349 Civil Orrstown Bank VS Rufe Chevrolet Atty.: William Duncan EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or par cel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, designated as Parcel No. 1 on a certain Land Subdivision Plan for Ritner Park Associates, dated October 31, 1978 and recorded in Cumberland County Plan Book 34, page 71, bounded and described in accordance with said Land Subdivi- sion 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 de- grees, 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 acics, more or less. BEING the same which Cumber land County Industrial Development Authority by its deed dated July 7, 1999 and recorded December 1, 2000 in the Recorder of Deeds, Cumber- land Countv. Pennsylvania, Deed Book 235, page 367, granted and conveyed unto Rufe Chevrolet, Inc. There is excepted from the above described premises 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, 1991, 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 ThP patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY G RBAt. E8 111 SALE NO. -M writ tim 2001- girl/?lOan Onutown°Bw* VS Ru"lrwrobt Aiton)?t'f4ion 1Dteacan LEGA1 flIP110N' EXII1IlTf "A"IEGALI?SC'[ON AI.1;'Mff (MAIN piece or parcel of W *tuatte in the Bbtouah of Carlisle, Cumberland dest?tated w Parcel No.l ?Com" Land-Subdivision P1aa Tot %tner ftk Associates, dated Od&w.:31, 1978 and recorded in Cumberland Comm,Plan Book 34, page 71, bounded and described in accordance with said Land Spb&vWM Plan, as-follows, to wit: BEGINNING at an iron pin in the northern right of way lice 6f US. Route It (a 50 foot wide right-of-way) at-'the-:dividing line between the premises berem desmaW ad lords now or formerly of C. K moslnd & Sods; thence along the line of said U.S. Route 11, South 71 degrees, 15 minks West a distance of 500.06 feet to a point; thence North 17 degtees, 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. K Masland do Sous; thence along said line, South 17 degrees,- 50 minutes, 30 seroodw East a distance of 875.00 feet to an iron pin, being the point and.place of BEGINKING. CONTAINING IOA9 acres, more or less. BEING the same which Cumberland County Industrial Development Authority by its deed dated July 7, 1999 and recorded December 1, 2000 in the Recorder of Deeds, Cumberland county" Peonsylvapia, Deed Book 235, page 367, granted and conveyed Into Rule Chevrolet Inc. There is excepted from the above described premises all that certain tract of land consisting of 1,51230 square feel which was granted'by the parties hereto to the Borough of Carlisle by Deed-of Easement and Right-of-Way dated December 12, 1991, and recorded in Cumberland County Misc. 'Book 409, at page I11, which tract was coweyed to facilitate the widening of due public street known as Iodusuial Drive. This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 02/04/09 ............?.... K Sworn to and s bs&bi ed before me this 25 day of February, 2009 A.D. Notary Public COMMONWEALTH CF PENNSYLVANIA Noc2r?ai ;=,e?l Sherrie L. Kisner, Notary Public Clty Of Harrisburg; Dauphin County NV Commission Expires Nov. 20.2011 Member, Pennsylva: i< P:.: =^.Gatlon of Nobrbe