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HomeMy WebLinkAbout04-1133 ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO,2004- /1 J3 r2UI. t--,Ea-."""l. CIVIL ACTION-LAW UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR" DECEASED, Defendants, MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. lF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 2004- " 3:5 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR" DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1, The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2, The Defendants are all unknown heirs, successor, assigns and all persons, firms or associations claiming right, title or interest from or under Luther W, Chambers, Jr., deceased, Counsel for Plaintiff is aware of some of the potential heirs of decedent. None of these individuals has taken any steps to be appointed to administer any estate, 3. By Deed acknowledged on August 7, 1997, Ronald Mehiel and Starr B Mehiel conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Luther W, Chambers, Jr. and Catherine P. Chambers. This Deed was recorded in Cumberland County Deed Book 162, page 803, et seq, all of which pages are incorporated herein by reference and made a part hereof, The premises are further described as being 2 W. Second Street, Newburg, Cumberland County, Pennsylvania. 4. On or about August 8, 1997, Luther W, Chambers, Jr. and Catherine P. Chambers, as Mortgagors, made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A", This Mortgage was recorded in the Cumberland County Office ofthe Recorder of Deeds on August 13, 1997, at Cumberland County Record Book 1399, page 393, et. seq. all of which pages are incorporated herein by reference and made a part hereof, 5. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B", A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 6. Catherine p, Chambers died on February 10,2002 whereby title in the property described in Exhibit "A" became fully vested in Luther W. Chambers, Jr. as surviving tenant by the entireties. 7, Luther W, Chambers, Jr. died on July 26, 2002 and upon information and belief his heirs or devisees and personal representative are unknown, 8, Plaintiff contacted the Register of Wills of Cumberland County and was informed as of March 10,2004, no estate has been raised on behalf of the decedent mortgagor. 9. Plaintiff hereby releases Catherine P. Chambers and Luther W, Chambers, Jr. from liability for the debt secured by the mortgage. 10, Under the terms of the Note and Mortgage, if any monthly payment of principal and interest is not made when due or any other obligations of the Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligation shall become due and payable immediately at the declaration of the Mortgagee, 11, Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing, 12, The following amounts are presently due on the said Mortgage and Note: Principal $57,544.32 Interest to 03/05/04 (per diem of $13. 80) $ 3,453.35 Late Charges $ 502,81 Attorneys Commission (fixed for purposes of this Complaint at 5%) $ 2,877.21 TOTAL: $64,377.69 WHEREFORE, Plaintiffrequests an in rem judgment against the Defendant(s) in the sum of $64,377,69 together with interest from March 5, 2004 at the per diem rate of$13,80 to the date of Judgment together with costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, Respectfully submitted, , RIEN, BARIC & SC~ , ~a\ David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbanklcham bers/com plaint. pld 03/09/2004 11:35 71 72495755 DBS PAGE 05 VERIFICATION TIle statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my coun.sel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. ~ 4904 relating to unsworn falsifications to authorities, Date: J. I 0 . 0 'I vie~ L/ft Bet;!; Smith, Collector Orrstown Bank Uto-V,-/UU0 rKI II: U~ AM lliII~IIJiKIIIJ~1 i!il~JU~JU4 POlO EXHIBIT "A" ALL that certain lot of ground with improVeJDents thereon erected, located in the Borough of Newburg, cumberland County, PennsYlvania, more fully bounded and described as follows: BOUNDED on the North by Second street, on the East by an alley, on the South by lands now or formerly of Edward I. Highlands and Edith K. Highlands, his wife, and on the West by lot now or formerly of William spencer. CONTAINING a frontage of 55 feet, more or less, on Second Street, and a depth of 119 feet, more or less, knmm on the General Plan of said Borough as Lot No. 79. BEING that same real estate that Ronald Mehiel and starr B. Mehiel, husband and wife, by their deed and intended to be recorded prior to the recording of this mortgage in the office of the Recorder of Deeds in and. for cumberland county, pennsylvania, conveyed to Luther W. Chambers and catherine P. Chambers, husband and wife, Mortgagors her.ein. BD0K1399 PAGE 398 ~1.UfP.nnSYI.ania} t. f. Olrntv o~ .>'i1berland 8~ .: . .... ':' ;he offieeforthe recordi .. . ..,r, r r '. fland Co. u ~nrlofDeed$ , ,.. Bo. ~ nty "2- . ,.r" ss yhan . '-p V Carl Ie !l\th" n 10foffi~. CJ7 IS day of 1 a..!..J -/~ ~~ [)(H.IBI7 NAN ., PROMISSORY NOTE ..... '-_;"";~1i'i'r-"!1I....l'e.}~.ollf~~~;j';- -JJ\'*ofIIlt-....lt1aT~~ R.I"",n~ I~ th~::~~:::':~ :=~e ~nl~ :::~~ 11~1l~':;,~I~~~~~;;;to a;~~:;!;;~ i~m~.:;;..... Borrower: LUTHER W. CHAMBERS JR. (SSN: 162-21h3a19) CATHERINE P. CHAMBERS (SSN: 196-3&-7096) 2 W. SECOND ST. NEWBURG, PA 17240 Lender: OIlRSTOWN BANK Ulrgan Avenue Office P.o. BoX 250 n East King Streel Shippensburg, PA 17257 Principal Amount: $67,200.00 Interest RlIta: 8.500% Date of Note: August 8. 1991 PROMISE TO PAY. I promi""10 pay to ORRSTOWN BANK ('toender"), or order, in Iawf1Jl money 01 the Uniled Slales of Ameriea, tile pt1nclpol amount of Sixty Seven Thousand Two Hundred" <XlIl00 Dollars ($67,200.00), logether wi1h inle....t at the rale 01 a.5OO% per annUm on Ihe unpaid principal balance from Augusl 8, 1997, unUI paid In lull. PAYMENT. I will pay this loan in 180 payments of $661.74 each payment. My firo! ~m""l is due seplember 8,1887. and all subsequent payments ate due on Ihe same dsl'j 01 eacn month aner that. Illy lInal paymenlwm be due on August 8, 2012, ond wm be lor all principal and all accrued inlerest nol yel paid. paymenlS Include principal and Interest. Interesl on this Nollo 'S compuled on a 30/360 simple inlerest basis; that is, with Iha oxception of odd days In the first payment porlDd, monthly inlereslls calculated by applying the retio of the annuof in_ rale over a year of 360 days, multiprlBd by the outstanding principlll balanoe. multiplied by a month of 30 days, Inlerest for the odd clays is calculated on the basi. of the actual clays to the nm ruu month and a -V y...., I will pay lender at Lende?s address shown above or at such other placa as Lender may designate in wrlftng, Unless othelWlse agreed or required by applloab1e law, payments will be applied first to accrued unpaid Interest, then to principlll. and any remaining amount to any t.InplIld coJlGction costs and late charges. PREPAYMENT. I may pey without penally all or a portion of the amount owed earlier than n Is due. Early payments will nol, unless agreed to by Lender In writing, relieve me of my obligation to continue to make payments under the payment schedula. Reiher, they Wift reduce Iha principal balance due and may resun In me making fewer payments. t.ATE CHARGE. If a payment is 16 days or more late, I will be oharged 5.000% Of the regularly schedUled payment, DEFAlIL T. I wili be In delaull if any of the fOliOwing happens; (a) I fail to make any payment when due, (b) I break any promise I haw made 10 Lender, or 1 fail 10 comply with or to perform when due any other term, obligation, covena(Jt, or oondition contained in this NQte or any agreement related to this Nole, or In any other agreement or loan I have with Lender, (0) Any rapresenlallon or a1atamenl made or turnlshed to Lender by me or on my behalf is fat5e. 01' misleading in any matarial respgct either noW 01" st th9 time made Of furnlshad. Cd) 1 die or become 'n$Olven~ Q receiwr is appointed for any part of my propsrty, I make an assignment for the benefit of creditors, or ar'lY proceeding is commenced either by me or against me uncler any bankruptcy or Insolvency laws. (e) Any ",editor tries to take any of my properly on or In which Lender has a TIOn or ",",urlty InlerosL This Includes a garnishment of any of my accounts with lender. (I) Any of the events described in this default section occurs with respect to any guarantor of this Note. If any default, othQl" than a default In payment, is curable and if I have not been gIVen Q notice of a breactl of the same provision of this Note Wlthlfl the preceding twelve (12) months, it may be cured (and no event of default will have OOCU1'red) if I, aflw receMng written notice from Lender demandIng cure of such default (a) cure the defaull wflhln fiIleen (16) days; or (b) ff Iha cure requires more than fillsen (16) days, Immediately initiete .tep. which Lender deems in Lender's sole dIscretion to be sufflcie.nt to cure the default and thereafter contlnue and oomplete all reasonable and necessary steps sufficlent to produce compl1anoe as soon as reasonably practical. LENDER'S RIGHTS. Upon defaulI, lender may, after giving .uch notices a$ requi"'d by applicable law, declare the entire unpaid principal balance on this Note and ell accrued unpaid inte,."t immediately due, and then I wUl pey that amount. Lender may hire or pay someone else to help ooIleclthis Note U i do nol pay, I also will pay lender that amount. This inciudes, sUbJecf to any Umh. under applJeobIe lew, Lender's attorneys' foes and Lende(s ie90f expenses whether or not there Is a lawsuit, including altomeys' foes and logel expenses for bankruptcy proceeding. Oncluding effot\s 10 modify or vacate any automatic .fay or InjunclionJ, appeals, and any anticipated post-Judgment collection serVIces, II not prohibited by apPUoable law, I also wUl pay any court costs, in add"itlon to all other sums provtded by law. If judgment 1$ entered in conneotfon with this Nota, "interest wnl continUe to QCC(ue on thi. Note allsr judgment at the existing inter..t _ proVided for in this Note. 1111. Nole has been delivered to Lander and accepted by Lender in the commonweafth of Pennsyfvanl& It there is a Iawwlt, I agree upon Lender's request to submn to the jurisdiction of the courts Of Fral'lkltn Countyl the Commonwe&Jth Of ~ennsylvania. ThiS Note shall be governed by and construed In accordance with the laws of the Commonwealth or PennsYlVania. RIGHT OF SETOFF'. I grant to Lender a contractual possessory security "intaresl in, and her-eby assign, convey, dellVEV. pledge, and transfer to Lender all my right, title and interest in and to, my accounts with Lender (whether checking. savings, or some other account), Including without Rmftation all Mcounts hgld jointly wIth someone efse and all accounts I may open in ths future, exoludlng how9VBr all IRA and Keogh accounts, and all trust ilocounts for which the grant of a security interest would be prOhibited by law. I auth~ Lender, to the extent permitted by appJlcabls law, to charge or setoff all sums owing on this Note against any and all such acc:ounts. COI.LATERAL. Thi. Nole Is sac"",d by a Mortgage dated Augu.t S, 1997, 10 lender on reai property located In CUMBERLAND County, Commonwealth of Pennsylvania, all the t9m15 snd conditions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or fctgO enforcing' any of it$: rlghts or remecfJeS under this Note without losing them. I e.nd any other person who Signs, guarantees 01' endorses this Note, to the axtent aJlowed by law, waive presentment, demand fur payment, protest Qnd notica of dishonor. Upon any change in the terms of this Note. and unless otherwise e)Q)1'ElSS1y stated in writing, no party who signs this Note. wtlether as maker, guarantor, acc:ommodation maker 01' endo1'SBr, shall be released from liabffity. An $l,lCh partigs agree that Lender may rsnew or extend (repeatedly and for any length of time) tl1is loan. or releasa any party or guarantor or collateral; or Impair, fall to realize upon or perfect Lender's security interest In the collateral; ar'l.d take any other action deemed necessary by Lender without the consant of or notice to anyone. All such parties also agree thQt Lender may modIfy this loan wIthout the CCln$ent of or notice to a"yone other than the pe.r1y with whom the modlflceJion is mads. The obligations undet this Note are joint and SQVQral. This means that the words "l". "me", and "my" mean Moh and a:1I of ths person5 signing below. EXIUBI7 N BN DEC-05-2003 FRill :00 AM ~TClKlfEST " 17175309304 P 004 08-08-1997 Loan No PROMISSORY NOTE (Continued) Page 2 PRIOR TO SIGNING nus NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALl THE PROVISIONS OF THIS NOTE ANO THI; NOTICE TO COSIGNER SET FORTH EIEl.OW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWlEDGE RECEIPT OF A COMPlETe) COpy OF THE NOTE. THIS NOTE lIAS ilEal SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: x"~;1,JjlMJ~~l LUTHER W, ekA-;;FERs JR. --~~ ....,=*-' tI~LI. ,,~v2 ~~-~-r':-'~ x ... - .".."".- . {{J.:J _... .. . CAn:umiNE p, CHAMBERS-" -"... .-....., NOTICE TO COSIGNER You are being asked 10 guarantee thl. debL ThInk carefully before you do. If !he borrower doesn't poy the deb~ you Will have to. Be .ur. you can affWd 10 pay if you have 10, and lhal you wanlto accepIthis respon9lblllly. You may have to pay Up 10 IhI! full amounl olth. aebl lIthe borrower does not pay. YoU may also bave 10 pay laIe lees or collection costs, which increase this amount. 11Ie lender can collecllhi. aebllrom you without firSlfrylng.lo COllect from Ibe borrower, 11Ie lender can woe the same coil_on method. Igalnst you that can be Used against the borrowerJ such as suing you, gamisIJlng your WBge5, etc. If this debt 15 ever in defaUlt, thai fact may become a part 01 YOUR credlll8COrd. 11119 notice i. nOlthtl contract thal_ you nable lOr lIle debl, - l=ba!d Rate. trutl.Ument. LASER PRO, RC51, U.s. Pat. & 1.M. Off., Vsr. 3.23 (c) l!l'aJ CFI ProServiceJI, Inc. All rights N15&rVld. {pA-ClO 1C8.LN R2.0VLJ DEC-~5<OJ3 FRl 11:00 t\,1 ':Ff$T,JH!~ii 17171339334 p 30 ~ )1)' c.2If3fJ' e:..--- f. RECOHDATION REQUESTED BY: ORRSTOWN BANK P.O. Box 250 77 EaSt King Street Shlppcneourg, PA 17257 ~CB'E"RT P. ZICGlER .~, CORD[R OF OEEDS ("'''''R .'.'"..,. lAII~ COUIIH-PA '9'/ RUG 13 APlIQ 10 WHEN RECORDED MAIL TO: ORRS1"OWN I3ANK P.O. BOX 250 n ElISI King Slreef ShippertSburg, PA 17251 SPACE: AeQVe THIS UN&!: IS 1I0R RECOADER'S U$I!' ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE IS DAreD AUGUST 8, '997, _.en LlIiliER W. CHAMBERS JR, and CATHERINE p, CHAMBERS, whose addre.. Is 2 W. SECOND ST., NEWBURG, PA 17240 (referred to below as "Grantor"); and ORRSTOWN BANK, Whose address Is P.O. Box 250, 77 East King Slreef, Shlppensburg, PA 17257 (referred 10 below as "Lender"). GRANT OF MORTGAGE. For v8lulble conMd.ratlon, GrMlor gl'1I!II1t8, bargains, ..Us, conveys, lSSIlg~ transfers, relUsH, continn, and mortgagu to Lend... aU of 6I"antor's rigirt, We, and interest in and ro ths followl/'lQ' dcascrihed Illa! properly, together WIth .n exIIting or subsequQt1l1y erected Ot aftlxed buIldings, impl"O\IVmenls Itld fiXtUres; Q,Il streets, Ian., alIeY$, passages, and ways; all ell5ements, rlghts of way, an Ilbllttlll5, privilege:$, !Qnements, hereditllments, and appurtenances thareunto billonglng Of anywi5e mad. appurl8nant hel'8QftGr, and thll r8Ver5lons and remainders wilh rasl'ect tharlltoj all wll!9r, watel' rfghts, watercourses Illld ditch rfghtl (including stock in 1Jl[JI1t8ll; with ditch or irrigation rights); and all other rightll, royaltie;s, and profils relallng to the real property, Ingluding without nrnitation all minef81s. Oil, gas, geolharmal and sImilar mllftet$, located in CUMBERLAND COunty, Commonwealth of Pennsylvonio (the "Reo! Property"): See attoched The Reill Property or' its addl"ess i& commonly known as 2 W. SECOND ST., NEWBURG, PA 17240. Grantor presQlnuy as5igl1$ to Lend'" all or Granlor's tight, lIile, and IntarQSt in and 10 an '-lIS of the Propgrty atld all Aenls from the F'ropsrty. In lldr;!ilion, Grantor grants to lander a Unilorm Commercilll Codl! security intGrest In thg PSfSonttl Property Ql'ld Rents. DI!FINITJONS. Thll following words shall have tha fOlloWIng meaningS whlln used ItI this Morlgagll. Term& not othlrWlle deDned In lhis Mortgage shall hQva the meanIngs attrftluted to sucn farms in the Unilorm CommeroJaI Coda. All ~n0e!5 to dollar amounts shall mean amounts in lawfUl money of the UnitBd Sta* of Amerlca. Grantor. Thli word "Grantor" "'Nns LUTHER W. CHAMBERS JR. and CATHERINE P. CHAMBERS. The Granlor is fhe mortgagor under this Mor1gag6. GUMBntor. The word "Guarantor" r'flBani9 and ltIcludltll wrthout Ijmila:!lon each and ill of the 9~ters, sul'8tles, lInd AcoommodaflOt'l parties in cClMection with the. IncfeblednBlfs. ImproVements. The word 'mprOVBmBnts~ lJIQans a.nr;! includes without limItation all e:xfsting and ruture improvemanls, biJ~dtngs, struolUres, mobile homes affixed on the Relll I'roparty, faciliti8ll, additions, replaaell'lsn!s and olhclr construction on lhe Real Property. Indebtednee. The ward "lndGbtedn$jS" m9t'll all principal and inler'Q8t payAble unaClr the Nol& and any amounts expiindlKl or actvanced by Lender 10 d/$charge obligallol1$ 01 Grantor or ejpetl$BS incurred by Lendel' to enforoe obBgationS (If Grantof tinder tills Mortgage, tggeth8r wilh Irllemst on such ,amOUflt$ as proVIded In thIs Mortgase. Lender. The word "Len(lil" means ORR$TOWN BANK, ils successors and assigns, The Ulnderis tn. mOftgagllfl \Jnd91this Mortgage. Mortpge, The word "Mortgage" means this Purchal5& Money Mortgage between Grantor and undar, and Ino/udBS witttol.lf Rmitallon all assignmllnts and SilCllrify' !nterest prov\aions rela1fng te Il1e Personal Property and Rents, PurchaGll Money Mortgage. If any of the debt secured by this Securfly Instrument is lent 11) Borrower 10 acquire IIl1e to the Fleal Property, Ihis S9Culity h1slrument shall be a PUrcl1ase mol'Kly mortgagll under 42 P.S. Seellon 8141. Note. The word "Note" means thi promIssory note or cradit agteElmlilnt dated Augu5t e, 1997, in the or'iginal prIncipal amount 01 $67,200.00 from arantor to Lender, foge11\e( with all rlln~als of, axfenslons of, modllicatiolUl of, raDnanclnga Of, COf\l!ondations of, aJ'Id substitutions for the promissory note or agrllemelll. The maturity date of this Morteagels August 8, 2012. Ptrsonall'roper1Y. 1lle words "Personal Properly" mean all equipment, ftxtuRl5, and other arlIOlfi Of personal property now or herElllfter ownllO by GrantQr, and now ot harearr.r atlaciMld or aflilCeo to I"" Real Proplll'ly; togathQr with ..u accesslol13, parm, and addition:! to, aD reple.cemlttlt.s Of, end all subatituliol1$ for, any oflluch property; and logelher With all pr0cesd5 rll1cJudJng wtthout imitation all Insurance prOCeed:! and rafund:! of premium$) from any saki or otI'tGt disposition ollhe Property. Property. The word -Property" msans collectively the Real Property and fhe PSl'l!onal Property. Re81 properly. The words "RQaJ Property" mean tho property, inlsre9ts and rlghts de~ibed Qbow in Ihe "Grant of MorIQage" seolfon. Atlated Documents. Tl'Ie words -RQlated DoCumenl$" mea[1 and irlclude wtlhout nnVtatIDn an promissory noles, CIlldlt agr=ments, 101111 agreemBn/$, environmsntal agrQ9menls, guaranlles, SQCurily agreem.nts, mortgages, daeds 01 trust, and all olhgr in:!trl.lmQrlls, agreemllrl!s.and dccwmsn", wl'lelthQr now or hereaftllr axlllUttg, QXf!Cuted In connection with the.lnde.btedI18S!1. Rents. The wotd "'FIent5- means all prssenl and future tenls, (eVlilnUQ$, JncolTle, issul1J5, royaI~es, profi/s, and other blln~1s derived from ttre Property. . THIS MOfITGAGE. INCLUDING THE ASSIGNMENT O~ RENTS ANI) THE SeCURITY INTEREST IN T~ RENTS ANC PERSONAl 'pROPERTY, IS GIVEN. TO Sl!CURE (11 PAYMeNT OF THE INDEBtEDNESS AND (a) pERFORMANCE OF AlL OBliGATIONS OF GRANTOR UNCI!!A THIS MORTGAG.I! AND THE' RELATED DOCUM!:NTS. tHIS MORTGAGE IS GIV'fN AND ACCEPTI!D ON THa! F01J.OWING TERMS: PAYMEN't AND peRFORMANCE. E;:tCcept;us otherwise provfded in ttd. Mortg8g$, Granter shall pay to Lsnder all amounts $i!leured by thts Mortgage as th.y become due, and shalf slric!ly perform all of Grantor's obligaliortS under thIs Mortpage. PO$SESSION AND MAINTENANCI! OF THE PROPI!'mY. Grantor agrees that Grantor's pOlI~on and use of the Property sh8ll be govern.d by thG followingproVl$lons: PossesSIon and I.J.H,. Unlil in default, Grantor may rsrnaln In possessIon and control 01 and operate and manage ,the PropertY and co/lacl the Rit1ls from the Properly. CMy to Maintain. Grar1tor shall maintain the Properly in lenantabla condllicn and promptly perlorm all rspalrs, rep!acClmenf$, and maintenance necessary to prAServe lis value. Hatardous Substances. The terms "hllwdous wasta,~ "ha%lirdous substance,~ "di~0!8l." "t6IBaSI!t,w and 'ti1~at&n9d releaso: as uli'fI1d in !his Morigi,ge, shall have the same meanings as sat fortl1 In the ComprehensIVe Environmantal Response, Compensalton, and Uabmty Acl of 19BO, as &I'l1eMed, 42 U,S.C. s.ction 9601, et I~. ("CERC1.A"), the Supllrfund Amanclments and .A&authorl1l:!Ion Act of 1986, PUb. L. No, 99-499 ("SARA,,), the f.lazardol,ls Materials TransportallOtl Act, 49 U.S.C. SeclIon 16tl1, et ssq., me R8ll;ource COfUlerval10n and ReCQvery ACt, 42 U.S.C Section 6901. (ilt ssq., Of other APplicable slate or Fedn IAW$, rules. or RlgulllUons adQt.lted plnU8.nt to any of the foregoing. The Iwmf; "ha:aJ'dous waste" and "I1azardoua substance- shaH also 1l'1Clude, without limitation, petrollJUm and petro!fum by..oprDCIucts or .ny fraction fh&r9ot and asbesto!. Granter repf'8S9nts and Watnlnl$ to Lendet that (a) Ourlng the pcarlod of G:anttlr's ownll15hlp of the Pf'OpQ/1y, there. has been no U$E!, gtll\eration, mG.nufactl..lI'li1, storage, lraalmllnt, disposal, release or threatened ((lleag of any hllWdo!JS wastcl or subttBnce by any p8lS0rl on, under, a.bout Of from the Property; (b) C;,..ntor hil, nO knowledge or, or rellSon to blilllBvo. that tl'llil'lt has /)llr9ll, exoepl as prevlously disYlot;d to ;u.d a.cknow!tldg~ by Lender il'l WrilIno, (i) any use, generaUon, manufacture, st,O~e, traalmont. disposal, reledlll, or th~n8d t9laasO of any Mnd::lqq"", .1Q.1 EX/UBI 7 "e" D:C-~5-20C3 FRJ 11:0C Ml }"i:srlln)~~~ ill J ~30930J P 006 08'-08-1997 :"o.itn t:JO MORliGAGE (Continued) Page 2 hazatdous waste or Sl.Ibstance on, under, about or from the Properly by any pdor own," or occupants of Ihe Property or (8) any actual or thraarened litigation or claJms of .any kind by iny person rela.ting to such matters; and (c) ~pt u pravloUSly disclosed to and ackl1OW1idgad by Lender in writing, 0) nefthBI Granlof nor any !en4f1t. contractor, agent or other authoti.zed U$lW of the PrcpGlty shalt use, genera1l, manuractLn, $fore, treat, dispose of, or release all)' hazardous wasle or substance on, under, about or from the Property and 00 any such I!CtMty shil be col'lduct9d In colTlplianca with all apprlCllblL!l federal, slat&. ~d loea! laws, ~ulatlons and ordinances, incluaing without BnVtation thou lIEW!, rB{JuIaIlOrlS, and ordinances described ahove. Gramor au1honZ8$ Lender and lis agents 10 enlef upon Ihe Properly to make such inspedlons and tQ:llts, al Grantot's ElXpllnse, as Lsnd9l' may deem appropriate fa detemUna comp08l'108 of the Property With this SlCfion of !he Mortg~e. Any In~eclions or le5ts mada by Lender shall be for Lender's PUrpOMS only and shall not be conslrulld to Cla.le any responsibiity or IIablIly Or'l ihllI part of L$ncklr to Grsntcr or 10 any other p$l3on. The r~l'8Sentallons and warrantlu col1lBJned herein are based on Grantor's due cifigenCe In investl;atll'lg the Properi)' tor hazardous wallte and huardOUS .substances. Grantor hW8by (a) relNles and waives any fUturD claims agaiMf Lender for indQrTlnity or contribution ill the fill/curt Grantor becomes liabls for clee.nup or other oosts 1.,Il'Idar any such laws, and (b) agrees 10 indemnIty and hold harmless Lender asl\lnsl any and IlII olaln'll, lOINS, ~abiUliu, dlil.tnages, peliallle$, and C1Xp~es which !..And.,. may direclly rx ll'ldll1iCtly SlJs~n or suffer resuIling from a breach of thl, &Qctlon of the MortgiQCI or as a oon'8qUQnOll of any LlSe, gltfl'l/"a6on, manufacture, storage, di:sposrJ), tefeaw ot threatened roJaa:sa occurring prior 10 Grantol"s OWtlQl"Ship or Intereslln the P~rty, whether Of nollhe:same was Of should haw been known to ~nlor. ThQ provisions Of this section of tn. Morlgage, inclUding 1h8 ob~ga6on 10 Indemnify, shall survive Ihe Pf,yrnant of!hll Indebtednsss and Ihe sall$f.action and /'8Conll8yanee of the lien Of Ihis Mortgage and IOh~1 nof be arrected by landw'll scqulsftlon of any Interest in Ihe Properly, whether by fotfcIOSUr8 or ofhetwlGlil Nuisance, Waete. Grantor shall not oaU&9, conduct or pfilrmit any nu[Sar1C8 nor oommll, permit, or suffer any stripping of or wasle on or to the Properly or any portion of the Properly. Wllhout limiting the generality of the foregOing, Grantor will not r&mo\l8, or grant to any other pMiy the right to remove, any timber, mlniraJs (inCludIng all and gas), SOIl, gravel or rock products without the prfor wrttl"n consent of Lender. Removal of ImproYeIMJ1t1. Grantor shall not demolish or remo1/8 Gny Improvements from Ih. Rlial Property without Ihe prior Wr!IIen consQI1I of Lender, As" coodllion to the removal of any Improvemenls,l.Qndllr may require Gmntor to maks arrangements satisfactory to Lender to replac& such Improl/ements with Improvements of alleast equal v.IUG. Lender's RIght 10 Enter. Lender and it; agenb and J'\!pteSentolwes may entsr upon Ihe Real Proplllty al all reasonable times to atlencllo Lender'$ intelesls and to 1~9C1 the Property for pUrpOHS of Grantor's eompDance w1ttl the jgrms and conditions of lhis MorI9age. Compliance with GovernmenlJi Requirement;. Grantor shall promptly comply Wlih all laM, ordinances, and Illgulation$, now or hereafter In effecl, of all governmental aulhoriUGIS llppffcable to the use or QCCUpal'lCy of UN! Property. Grantor may oontest in good faittl any such law, ordinance, or r'8.g1.1I;Uon and v..1lhhold oomp1iaJ1ce durfng any procudlng, Inclueling appropriate apJ'eaIs, so long Il8 Gl'lJlfor has notified Lender in wrffjng prior to doing so and so long ~, in Lender's 50fe opInion, Lender's InIaresIi in Ihe properly ar. nol jeopardized. landQr may require Grantor 10 post adl.QuatGl $liIcurily or 11 Sllrety bond, retl50nably satislactoty to Lender, toprolecl Lender'$ interest. Puly 10 Protect. Grantof agrUlJ neither 10 abandon nOf leaVe uf'\Cltllillld9d the Property. Granter ,hall do all othsr acts, in eddllfol'llo those acl:5 set fotth oWOVO in this: section, which from the (:haracter and use of the Property arll reasonably n9C9SS&l)' to protect 4nd plQHrve Ih. PfopGllty. DUE ON SALE _ CONSENT BY U!NDEA. lender may, at lis option, doolare Imn'ladiatlily due and pa~bla all sUms secured by this Morruage upOl\ Ihe sale or tran5fer, w1thOl.rt the Lender's prior written ool158nt, of aU or any part of If'I6 Real Property, or any inter.1 in the Real Property. A "sale Of trans.!9r" means the conveyance of Real Propllrty or any daht, Ulle or Inlllnl9t thllrell'l; wh9lher legal, beneficial Of equitAble; wllethQr voluntary or InVOluntary; whether by olJlrlght sale, deed, Installmant sale conlraot, land contract. contract for daed, leasehold Irrterast wilh a term 9I'til1er ttla.n three (3) years. l~ptIon eOl'llfact. or by salll,.&$SignlTl8llt, or transtar Of arlY bGlnelicial Inter$$!: In 0( 10 any land trLlSt holding tllle 10 the R.-l Property, or by al'lY olner mathod of ecnl/eY'lnos of Real ProJ)QriY infclresl. II any Granlor is a GDrporallon, partnership or Dmlted liability company, trll.nafOr also InoJude$ any ohange In owntrGhip of more than Iwenly-flw percent (25%) of Ihe I/oting stock. parlnwlhlp inleresl!l orllml!ed liability complll'lY tntares!il, as the Cll!ie may bil, of Granter. Howewr, lhis option $1'laLI not be ~ by LGlndgr if such ~1Kl is prohibited by f8dctrll.1 IGlw or by Pennsytvam., law. TAXES AND 1.IENS. Th9 following pfOViiions relating 10 the tax8il and lIG1n9 on the Ptoperty ara a pari of this MOrtgagg, Payment. GlllMtor shll.ll pay when due (and in all evenb prior to c:leOnquency) alllaxis, payroU taxes, specIal taxas, UGssmenls. waler chQ.r;es and sawsr service charges; levilld agllimlt or Ol'l 1il.CC0unt of !he property, and shaD pay when dUll 211 aairns kir WorJc clon8 on or fot scrvlces rendered or mal9na! tum~hed to the Property. Grantor shall maintain the PropQrty free of an Uen, hailing priority over or equal to lhe intJrut of Lender under this Mortgage, except for the lien ai taxeli 41'1d as!aHmems not dIJI, a"rld.excepl as ~thel'wlse.proIIidGld In the following paragraph. Right To COnfe$I. Grantor may withhold payment oleny laX, 4SSGS$menf, or c;il.fm Ir'l oonnllCllon with a good fsl/th dispute aver tile Obligation to pay. so long all Lender's Intaresl in !he Pl'Operty is net jeopll'dlzed. If a filln arMll or 1$ ftfed as a l'CISult Of nonpayment, Grantor Shall within fifteen (15) days liIftat the lien arIses or, if a lien Is flied, within fi~i'l (15) days a~ Grantor has nollee of ths filing, lecure the discharge. of the NQn, or if requested by Lander, depollll With Lender cen or a sufficient corporate surely bond Of other 1I1lCUrlIy aatltfactory to Lender in an amount sl.lffic:ient to dischMg. the lien pltlll any eo$t$ and attorneys' fee$ or other charg~ that could ilCCl'Ui a5 8 reslJll of a fol'9Closurg or aaIe under the MEln. In any contest, Gral'llor shall dsfend IIs$Jf and L9nder and shall Sitlsfy any adverse Jl.Id9rrKVlI befora snfcrcement ageln;! 1M Ptopllrty. Granlor shall name Lender as an additional Obligee under any surety band furnished In the contest prtlCsedlnQi. Evidence of Payment. Grantor $haJI upon demand furnish to lander sattSfaelory evjd9nce of payment of thQ taxss or u:sessments and shall authorize the ilPproprialQ gO\ll!lmmel'ltal official to delIVer 10 LenD9r at any time a writtan statement of the taxes ,;and assessments 8.satntl' the Pfllparty. NOtice of ConfttUcllon. Grantor ,hall nOllfy Lender a! least fifteen (16) da.ys before any work h. oommenced, any ser\llce$ are fumIShGld, or any materlalll ~ supplied to the Property, if any mechanic's nen, materlatmeo's lien, or olher lien cOllld be. aGS9/1gd on account Of the work, sarvicQS, or materials. Granlor will upon r8Qunt oll.endElf furnish 10 lender adVance .assurances Sllllsfaolory to l.Qnd8llhat Grantor can and wiU pay the. coal of $l)Ch improvements. PROPERTY DAMAGE; fN$URANCe, The following pro......rotlS l'9Ialing to Insuring the ProPlIrty lIrQ a part of thls MOrlg8Q9. MainlenlJnCe of hW.trlHlce, Grenlor shall pfocura and mainlaln p(lllOiQs of fire insllrllnce wlth slandard IDdended coverage endorsemenb on a replacemant baJ;Is fOr the. fl.JJI Insurable value cOViling all Improvemer'l15 On fhQ Real Properly In Qn amount sutricierrt to allOld a,oplicatlon ot any coinsurance ciause, al'ld with a standard mortg.geg oIau3e in favor Qf LandOI', PoliCies ,haJl be wrltt.n by such Insufllnc* oompa.nle& .00 In such form a!I ma.y be reasonably acceplable 10 Lender. Granlor Shall dGlnver to Lender cttlltlcates of coverage from each Il'ISurar conlainill9 a stipulation that coverage will not be es.r.cGIlled or dlmJni5hed wllhout a minimum of ten (10) days' prior wrilten notlct to lsl'ldlllr and not oontainlng any diSClaimer of the lnsure(& Ulbility for failure to give such nolloe. Esch Insurance polJcy allo shall Include en endorsemenl providing thai coverage 11'I fal/or 01 Lender will nol be impaired In any way by any acl. omlS6lon or dlllauJt of Grar'ltor or Qny olher p8TSOn. Should the. AGar Prpptlfty al any lime become localad in an area dNlQn.!od by !he Dlreclor of the Fsdwal ErT\Qrgaf1CY Ma.n8.g.m.nf AQGIncy as " special flood hazard area. Grantor tgr9Cl$ to obtain anr.! ma!nlaln Federal Flood InSUrance for thll fuU unpaid. prinolp.1 balance of the loan, 1,J:p to thO maximum polley limIts $$t undSl" Ihil National FlOod If1$l..Ira.nce Program, or as olh9I'WisB required by LendBr, and to mainta.in ~OCh In5urance for fhe term of lhe loan. Appllcatfon Of.Pfoceeda. Grantor shari promplly rOtit;s Lender of any lose c: damage.tc the ProPert'I_ umCiQr .may make proof of loss jf Grantor fQil.& 10 do so wlthln flft""n (15) days of Ih. casualty. Whether or nct L&ndclr's s*,urlty is lmpa!rad,lIlndsr may, at jja elllGliol'l, apPly the proctedll 10 U1Q reducUon or the Indebtadf18ll5, payment of ;.ny lisn atfe(;ting llie ~rop9rty, 0( the res!Qndlol'l and repalr of the Property. If llmdlU" llIecl!lfo apply the proceeds to restoration and repair, Grantor shall reptllr or teplace thQ dlUT'laged or deGtrcy~ lmprovemenls In a maO(lSf satisfactory to Lender. '--nd.r .haJ~ upon satisfactory prClof of such expendrttlrl, "ay or (QImbul'Se Grantor frOm fha proceeds for the /llaSonabl.. 00lS! of repair or restoration if Grantor is not In dfIlil.lll hQreunder. Any pnx:l6'ls which have not been disbur'SlId wIIhin 180 oayt ll.1Iet their r&eeipt and Which Lender has f10t committed to the repa.1r or rBSloraUon of the Prop8l1y shall be used first 10 pay any amount oWIng to LGlndw under this Mortgage, fhlIn to prepay 4CCf1.Jed intsrsst, and the l1lma.indsr, If any, shall be appled 10 the prfncipall:lalance. of !he Indebtedness. II Lander hold!! any proceeds 1l.tl8t payment In full of the lndeblE!dnesS,lIuch pl'OCl'*dS shllll b!i paid to Granlor. UnexpiraCllfl3llrance at SlIe. Any unexpired imiurtnC8 ihall inure to the bene"t of, and pass 10, Ihe purchl!l$ef of the Propltrty covered by this Mortgage at any trusl8e's safe o( other &;./e held under Ih" provlslons of this Mortgage, 01" al any forgclo$ure sale of sUCh Ptoporly. TAX AND INSURANCE Rt;;SERveS. Upon r&Ques! by Lender Ind subjaolfo applicable law, Gra.nlor shall pay to Lender ll<lI.eh month on !he day payment$ are due undQr Ihe Note l.InllJ Ihe Nolll is paid in WK, a sum ("Escrow Funds") ecrlJAl to o(lQ-tweI(lh of (a) flll 8.fIl'IuaI Iaxgs, special taxes, assessments, WlllQf charges and sewer &erviCG cha~5 1eVktd aga,ll'I$t or on accounl of the Prop6lrty and (b) annl.lal p~n'lrl.lms for pOlicies 01 fire insurance W1Ih all risks standard extended eovetage requited under this Mortgage ("Ellcrow Iten'I&"). Lendlil" may estimate. the amount of Escrow Fund! on Ihe ba* of outrClnl data al'ld . rauonable iIlIlimale of Mure Eaaow Items. All Escrow Funds shllll bll held by Lendar and appliod to pay the Escrow Items when due. Lender wm not eharge for holding and applying the E$Crow Funds, analyling 11'1G1 account, or v&tlfylng the Escrow 1I11T1S, unless Lender pays Grantor j(llere5t on the Escrow Fundlii and appltCllble law perml15 Lendar 10 make lluoh a ehargGl, Grantor Ind L~ maYa(1ee in writing that rnteresf shall be pald al'l 1ha Eserow Fllnds. Unlillss an OIgreement is madGl 0( applicable law requll'H Inlarest to be paid, lAnd<< shall not be reqUlrtd to pay Grantor any Interasl: or earnings on the escrow Funds. TIle E;SCI'Ow Funds are pledgect 8$ add/lional security tor Ihe a.mcunts secured by this Morliage. If tho amount of the Escrow Fundti hBld by lender, logether with the future monthly payments of EilCl'ow Fllnds prior 10 the dUGI dales of Ihe Escrow Items, sha" exceed the amollnt rsqulred fo pay Ihe Escrow ltelTls when due, the ~ $11.U be, at Grantor's opllOr'l, C1lthar promplly rep.tld to Grarltor 0( creclihrJd Ie Gramer ll'l scheduled payments of Esetow Fund~8tbe amounLotlhp. !!scrow Funds helt;! tly L&nd&f is not RnM1'i QDA..... 'lUA D:C-05-20C3 -,"I' :1:3' A 1,1 ~!iS1I1iK;~)T 17175309304 P,007 080-08-1997 -:"04n No .. MORTGAGE (Conllnued) Page 3 stlff!cianl to ~Qy the Escrow Items when due, Grantor shall pay to 16nder any amount necessary to It'IakG up the deficiently in one or mcra paymonls as rllqulred by LendQt. EXPENDITURES BY LENDER. 11 Grantor fails to comply with any provlsion 01 this Mortgage, or If any actIOT1 or Praoeedinl1 is comnwnoed that would ma1etiaJ/y atftcl LendWs inl<<e$ts In Iha ProJ)8rty, Lendllr on Grolntor'll oeh2./1 may, but shall nol be roquired la, take any action thllt lendllt dlilemS appropriate. Any amount thai Lender expends in so doing '11m oear inlel'$St at t!'le rate provided for in the NaIll !rom IN date Incurntd Of paid by l.ender to the date of repayment by Grantor. All such explln$8S, at lendGf's option, wRl (a> be payAble on dgmand, (b) be .ddDd to the balance of lhe Note and be apporllol18d amona and be payable WIth any installment payments 10 becoma dUe during either 0) the term of any ilppllcable irwnl'lC8 policy or (IiJ tha remaining tBn1l of tha Note, Of (e) ba fraated as a baRoon paVlT\8llt which WIll be due and payabl. at the Naill', maturity. This MortgagQ alSO wi. SllCI)l'Q pa)'Jner1t of thQS~ amovnts. The r1gtrts pf'O'Yided for In thIS; paragraph shall ba in add'"ction to any ather rtIhts or Ilny lllmedla9 to whIch Lender may be 8nliUed on account 01 the default. Any suCh actIOn by Lender shall not be construed ll$ cutinglhe dalaull so as to b.r Lend... from any remedy thai it olharwiSCI WOUld hilve had. Granlor's ob~glllion to lsnder for all svc:h expen_ !Iha.11 $urvive the entry 01 any mortgage fMlcl05ura judgment. WARRANTY; DEFENSE OF nT'lL The following provisIons relating to oWnership (ll the f'rcparty are a part olthi!l Mor!g,;,ge. T1U&. Grantor warrants that: (a) Grantor holds gOtJd and markgfabla Mile or l'&OCrd to the Property in I.. slmpl., hili and claar of a1lliQOS and encumtlnlf'lCQS olt1er lhan lhosa set forth in the Real Property desaipllon or in <<ny liUe lrtauranl;f policy, tIlIe TOpor!, or IIn&! title opinion issued In lavor 01, !lnd accepted by, \..end"r in connection with this Mortgage, and (b) G~ntor hIlS the lull r1Qhl, pOWot, and iLrthorfty to BX8Cufe and dePvllr this Mortgage to Lendar. DefenGll of Tille. SubJecf to the exception in the paragraph ilbova, Grantor warrants and will fo~er defetld the lI~e to thlt Property against the lawftll claims 01.0 persons. In the avant any actIon or procQQtfng Is commenOQd that qu95flotlll Grantor's tille or the lnt$rQSt oll.(lnder undQl" thi(l: Mor1gllSle, Grantor shall defQnd Ihe man at Grantor's expense. Grantor mAY be tho nominal party In such proceedIng, but t..ander $hall be en~lIsd 10 participate in the proceeding and to be I'8pRlSelTted in the proceedIng by CDul'\!el of lsnder'S OWI1 choice, and Grantor wlll deliVllf, or causa to be dallvered, to lender such Inslrumenl1l as l..ender may request from lime to lime to permll such parlicipaUon. Compliance With Laws. Grantor warrants that the Property and Grantor's vsa 01 the Property COmplilliS WIth all exi.sllng appUcable hlWS, ordlnarIC~, and r90ulallons or governmental au!hortliei5. CONDEMNATION. Tlullollowln(j provisIons r"allng to condllmnallon of the Properly are a part 01 this Mortgage. AJ2plicallon of Net Proceac[a. If all or any pI!I.tt of !he Property Is condemned by QffiJnetlt domaln proceedings or by any Proceeding or pvrchase in lleu 01 condemnation, Lender may al its elacllon requIre Ihat all or any portion of !he net pr0ceed9 of the award bo appllid to tht Indebtednss!i or the repair or ~tOnltlon of INl Propfllfy. The nat prccllllJd9 01 tha award shall mean tl1e award attar paymanl of all actual cosls. expenses, and attorneys' feElS Incurred by Lender in connact:ion with tha condemnation. Proceedings. If any proceeding In condemnation is !lied, Grantor shall promplly notify l.endlif In writing, and Grantor shal promptly take such 5lepS as may be necessary to defend !Ile acflon and obtain the ilward. G~ntor may be the nominal party in such procuclin;, bl1ll..endor shl!lll be enlltlQd fo partictpate in tile proceedIng and to be rej)resanted In the. prOClledlng by counsel of lis o.....n ohoice. and Grantor wiN dfilliver or c.1.u.5'l 10 be dellvEW'ad to Lender such instruments as may b61 reQUet!9d by it from tims to time to pQl1TlIt such partlclpatlon. IMPOSITION OF T~, FEES AND CHARGes BY GOVERNrJlENTAL AUTHORITIES. Tho following provisions l'&lating to govemrnenlallax85, fQQS IInd chatgB$ ~ a parlor thi$ MOrl'ilag8: Current T8Xe$, Fees and Chll1gea. Upon reClUlilSt by Umder, Granlor shall &xgcute such doovments in addition to lhie Mortgage and lake whatevet other aQtion is raquested by L..el'lder to pQJ'feal and conllnu8 L.et:ldQr'$ lIel'l on thlll Real Property. Grantor $hall ~mb~c L.ender tor all taxes, ill diSCrlbed below, together with all expenses lncufflld in fQCording, perfecting or continuIng this Mortgage, Including w1tl1out limilaliOl'l all taxes, leas, docvmantaty stamps, a.nd other chllrollS lor recording or reglstaring !hI; Mortg'llQe. Taxes. !he following sha~ conslllUla lal<e$ to which lhis section appUAS: (a) a speciftc tax upon thiS type of Mortg8.9B or upon al or any part of lt1e IndetltedOllSl!l secured by this Mortgage; (b) II $podllo tax on Grtntorwhlch Gl1lntOl' Is authorizeo Dr requlrlild to claductfrom payments 011 the lndebtedn~ secured by this type ot Mortgll9Q; (c) Il tax on this type of Mortgilgll charglOlable aQ8inst ttlQ Lender or !Ile holder of the Not6l; and (d) a spaciflc tax on all or any portion of thelndsbl9dne5$ or on payments of plinOtpal and lntarat mada by Grantc(. SUbseql'Bnt reus. If any taX to which this secllon appJiClS is enactEld subseqUljlnl to thQ date 01 this Mortgase, !hila eVent shall l'Iavo the same effect II! An Event of Delaurt (as defined below), I!l.nd Lendor may examise any or all of its avaNabl& remedte$ for an E~t Dr Of1fault as provided below unless Grarrlor sither (a) pay$ the lax belote it beaOmll5 dennqUllnt, or (0) oontests thlil tax a& provfded above in the TilXQS and Liens sectJQn and o.positS with lender cash or a sufficient iXll'Porate: surety bond or other security saflsf9ctory to lendet. SECURITY .A.GREEM~T; FINANCING STATEMENTS. ThEI following provisions relallllg to this Mortgage all a security agreement are a part of this MOI19llQe. Security Agreement. This instrument !iha~ consUMe a security &Ql'lI8ment to the txblnt any of the Property constitUte; t'ixl:ures or other pilrsonlll prcperty, and lender IIhal! have all of the rlg"ts of IllClOured party undAr the Uniform Commercial Code as amended !rom lime to lime. Securlly Intel'8$t. Upon request by !.end8/", Grantor shall e.xacvl9 nnancing stal9merrls and tllke whalever other action Is requested by l.end<< to perfect 8.l1C conMnuQ LenWa sacurity Interest In the Rents and Pimlonal Prop.rty. In addition to recording this Mortgage In the l1Ial property recol'ds, Lender may, at .ny time and wllhoulflJrther lluthorimtlon !rom Grantor, file eJ(Qculed counterparts, copias or reproductions of this Mortgage as a financing slattmanL Grantor shall reimbUl'lIe LQlJder for an expBllS" incurred in perlClCting or conllnulng this .sacurIty interest. Upon dataull, Grantor $h.all a_mble thil Per80nill Property In Q manl1tll" and at a. plact l'Qeona,bfy convenient to GrantDr and Lendllr and maka iI available to Lender Within three (3) days after recsiPt of written cJ.emand!rom l.enaar. Addresst8. The mailing addrusas of Grantor (debtor) and Lender (seOOfed party), from which inft)l'J'l'lollIon ooncarnlng the security tnt6lresf granleD' by this Mortg8Ql! may b. obtalnad (Qaoh lIS rllquirl!ld by I~a Uniform Commercial COdi), are as stBl9d on the fir9t page of this MortgaSf. FURTHER ASSURAI\ICES; ATTORNEY-IN-FACT. The lollowing provislof1$ rllIaUng 10 fur1hElt" AS!I\.lrances and atfom.y-ln-fact are a pJUt of thi5 Mortgage. Further Assurances. At any lime, Ilnd front lime to time, lJpon requ.st 0' I.er1der, Gl'lI,ntor w1H make, SXQCute and de!1var, or wW c:al.llie to be made. exsclJled or delivered, to Lender or to Lender's designee, and when raquested by Uinder, cause 10 be filed, recon:lod, re"led, or r6I"eCQrded, liS the 08" may be, at :!Iuch limes and In such offices afld pJacfS as t..onder may deen1 appmprialll. any IInd all such morfgage$, dMtls 01 tnJ$t, sacvrl!y deeds. security agre$ments, lInanclng statements, continulltlon statements, i".lrumen!$ of fur!h.,. usurance, certillcates, and other documants ~ may, in thQ i5Ql. opinior'l of l.endGf, be nacellliary or deslrAble In orde.. to affecluata, complele. perfoct. continue. or praseI'Ve (a.) the obligations of Grantar uCl.dll.r Ihe Note, thi$ Mortgage, and the Related Dooumanls, and (b) thelians and SIlGurl!y lnter.ats created by this Mortgage all f1~t and prier, ~el'ls on t~e Properly, Vlhethar now owned or /leraaflgr acql,llred by Granlor. Unless prohlbitad by law or Ilgl'$Qd to the conbWy by LIIndll' In writin~, Grantor shall reimburse lS/'ldef for aH CCllb lilI'Id 8lqJeI1S9S incurf9d in connection With the mailers relerred to in fhisparagrapl1. Anomey-ln-Facl. If Grantor falls 10 do any 01 the things rvterred to in thill pmcedlng I'Qragraph, Lender may do so f!;lt and in the. naMa of Grantor !ll'ld al Granlor's expOIi5ll. For such PUrpOSBS, G:rantor haraby irrevocably appoints: Lender as Grantors attorn9}'-11'I-fact fo( thQ pUl'p0S8 of making. QXeCvitl'lQ. dellvclring, filing, 1'$0000din;, and dQlng all Othllf thIngs 115 may be nacessary or dNirable, in lender's sole opinion, to accoml)lish tha matte~ refel'f'ed to In tl';aprecer:!1ng paragraph. FUlL PERFORMANCE. If Granfor pays Q/llhe Indabtedness whon due. and oth8rwi5e partormS all the otl1igations imposad upon Grantor under this Mortgage, Lender shall executs and deliver to Grantor a suitable satisfaction of Ihts Morlgagll and suitable statements of Illrm!naUon of AOY financing statement an file evidendng Lender5 IQCurlly jnlwest in the Rents and the F'ersonal Property. Grantor wlll PolY, if parmitted by applicable law, any rea.sonabJo termInation fl!l& as determined by Lendar from time to limB. DEFAL\. T. ~h 01 tho following, at the opllon 01 Lender, shall col1stilute an ewnt of dgfau!t ("Evei'll of Dcfavlr) under this Mortglglil: DefaUlt on InClebledMSSo FallUtA 01 G/'intor to make any paymenf when ~ue 0" the Indebtedness. Oefault on Olher Payments. Failura of Grantor within !he lime l'Qqulred by this Mortgage to maks arry p.lIyment for faXOS or Insurance, or any other payment necessary 10 prevent filing of or to eH9ct cl15charge of any Jren. Compliance Def6UIt, Falure or GranfC( 10 comply with Al'ly other t6lrm, ollligalion, covenant or oOl'ldition QOnlained In this Mortgage, the Nola or in afly of the RelaJsd Documents. Folse Statements. Any warranty, representation of statemllnt made or fumlfhad 10 lender by or on behalf of Grantor under this Mortgag., tha Nol9 or the Related Docurnents is falSIl or mlslsacllnQ In any mAterial raspect, &ither now or 11.1 th1l11me made or flJmlllhr;ld. DefecUVe ColllllentllzaUon. Tttl$ Mortg"gs or any of the RQlated Documents ceases 10 be in full fome and lIflecl Ol'lCludlng fallure of any colIatn documants to ctea.te" valid ana part"ecled security Interest or lien) at any !tmll. and for any l'Qason. Death or Jnsolvetlc:y. Tne dsath of Granlor, the fnsolWlI'lC}' 01 Grantor, the appojnlm8l'l!.9f.",~r forA'AY"part of Grantor's proparty. any .BOOKl.oj:1:1 fAGE oj::!;) DEC-C~<~~:3 ~q: 11:C2 Af.1 J1;STlfjKif(Si 1117\309304 P 008 0&-08-1997 Latin No MORTGAGE (Continued) Page 4 assignment fOr the benefit of credltors, any lype of cradllor workout, or the commencement 01 any proceeding underllony bankruptcy or insolvency laws by or 4909.lfI$t Grantor. Foreclosure, FOrfeiture, etc. Commencement of lorec[oSI,/Jll or forfeiture proceedings, whelher by jUdicial proceeding, self-help, r8pOSSQSSion Of any other mQthod. by any cr9ditor of Grantor or by any governmental ag&rICY against any Of the Property. However, this SllbsliCfion shll nel app{y In Ihe svent (If a good faith dispute by Grantor all to lha validity or rllasonableneu of the claim Which Is the basis of the fQt8C1Cllure Of fol'9fQltura proctedinQ, provldCld lhat Gtlntar glve5 Lendllr written notICe 01 such claim and tumishea l'\W8MilS or a surely bond tor the dalm satlsf8ctory 10 Lender. Breacn Of othel' Agreement. Any br&ach by Grantor under IhQ terms of any olhlt/' agreerT'llU1t belWHn Grantor and Lend9r thaf i& "ot remedied within any grtI.CQ period ptOVided therain, includ!ng withoul nmltallon any agreement concerning any ltIdeblednlllSl or other' obligallon of Gfantar to Lend9f,Whett!ClrllXlsting now orllifet. Even" Affecting GuarillltOl'. Any or 11'1. pracsding events o~ with r9Spect 10 any Guarantor of any of the Ind9btBdne5S or llol'lY Guarantcr (fits or bClCOmes ~ompQtent, or revokes or dl$putll/l Ihe validity of, or II"billty under, any Guaranty of the Indeblecln8S$. Lsnder, at lis option. may, but shQIl not be rtlqUlrad 10, permit th/iJ Guaranlor"& QSlate 10 assume unconditionally the obligations arising under the guaranty in a mllnnQt satisfactory to ~nder, and, In doing so. cure the Event of Default. RIghi 10 Cure. It such a failure IS curable and if Granlor has nol been given a notice of a bfBach 01 the sama provisIon of this Morlgage within the preceding !wslva (12) months, it may be cured (.and no ~ver'll 01 Default will have occunlld) it Grantor, armr lend,," ;ends wr1lten notice demanding cure of.lluctllalluf1I: (a) cures the f8.llure WIthin Mteen (16) da~j or (b) if the cure requires more than fifteen (15) days, Immediately lnltlateG steps surftclent to cure tha failure Ina thereafter continues and eompllrles ill r&a8onable il.l\d ne!CeSSatY tleps sL1fflClant 10 prodVCil compUttnca as soon /l$rQa$onably pra,cllcal. R]GHTS AND REMEDIES ON DEFAUL. T. Upon the occurrence of eU'ly Evenl of Oefault and al any lime IlWeattor, Lender, al its option, may QXNCilIe anyone cr mOfe of the folloWing rights !lnd reITladies, In addition to .any othar rights or I'Clmadfcs pro'lldad by law: Accelerate Indeble.:!ne$S. SubJecl to applicable Is.w, Lender $hall have the rlght !It 115 option without notiOCl to Granlor 10 declat$ the Ilntire Indebtedness immediately dUll and payable. UCC Remedie,. With respect to &II or any part of the Personal Property, !.ender shall have all the righllland remedies of a $9CUred party und~r the Uniform CQmil'llWCiaJ Codo. Collect Rents, Lander shal! haw the right, without notice to Granto(, to talte p~e$Sion of the Property and collllct the Ranl$, including am()lJllts past dUll and unpaid, and apply the nel proceeds, over and a.bove L.ender'1I cDStlS, against Ihe Indebtadness. ]n furthlilllncil: of thls right, l.endClr may require any tenanl Qr other user of the Property 10 make paymants of ,..n.t or use reef dit8Clly 10 lfrtdet. Jr the F181'l1s are co]lect&d by Lendar, then Grantor j(tQvocaIJly deJjg-nates L.eJ1der as Granlor's attorney-in-facl 10 andere InmlTlQnls (ecel\lecl In payment thel'QOf In the name of Granier and 10 negotiate IhI!' same lInd eoHIj;)Ct the proceeds. Faymen" by tenants or other Ullers to L8nde/' Jr'l t9&ponse to t.,Qndst's demand sham satisfy the obllgllllons lor which lh6 payments are made, wNllher of rtot any proper grounds for the demand exisIBd, L.tlnder may exercise its rights Urtder this subparagr;.ph either in parson, byaganl, or ,"rough a recelvw. Appoint ReceIVer. Lllnder shall have the right to have l! ~ver appolnllld 10 taka: pOS8GSslon Of all or l!Inypl1(t of the Property, with the pOWQf 10 protect and preserva the Proporly, to oPeIa~ tho Property pRilCClding foreolosure Of stlo, and to oollaot the Rents !rom the Property and apply the proeeeds, over and above th. cost of the t9Cgive~~p, againsl the Indebf9dness. ThOl receIVer may serve Wfthout bond If pt;ltmitted by law. under's righl to the appolnlrmlnt of a 1ll000ver 5/\a1l _t whether or not the apparent value of the Property QXQeeds Ille Indebtec:ln~ by a SlJQstanl!!l1 amount, Employment by Lender lJhBII nol disqualify !I perton from serving as 1!I rwcalvar. Judicial ForecJo8Ure. Lender may obfl!lln a judicial deetee forl!lCl'051rl9 Grantor's Interest in all or any part of tilt Proporty. NonjUdicial Sale. Ir permittQd by 'i=lpUcat::lle Jaw, lClnder may feraclose Grantor's interest in a~ or In any part of the P~son81 Property or the Real Property by nonjudicial sale. DefftlenQy Judgmenl. Lender may obtain a JudgmClnl fer 8/1.y deficiency remain1ne In the Indebleol'1llSS due to lend9f after application of all amounls reoeiV9d frolTllho ~ Of Ihe rights provided in th!8 s9CliQn, Tenancy it Sufhtlllllte. ]f Gralllor remains in pOSl\QSSlon of Ihe Property alf/ilr the Prop&rty is !lold as provkled abovil Of Lender otherwise becomilil "nUlled to posse5Sion Of tne Property upon default of Grantor, Grantor shaU became a "'nant alsuffetanoo 01 lender or tho purchaser of the Prop9rty and snail, at Lender's opllon, elthsr (a) pay a reasonl!l.bJe rental for the usa of the f'rop9l"lY, or (b) vacata the PropQ(\y immedia_ly upon the dClmand of Lander. Other Remedies. lender shall hlWl all olher l'IQhIs and rerTlCldiClS provided in !his MOttgsge or the Note or available at IClW or in equity. Safe of tile Property. To the extent p9Imilled by appliCa.blt law, Granlor hs/"Gby waives any and an Iighllo have thQ property marshalled, Irt exirclsing ~ rights and I'9mOldies, lendClr shall be frlle 10 sell all or any ~e.rt of the Property tcgetner or taparalely, In co, sale or by Sliparate sales. lender st1aJ1 be enlltled 10 bid at any pub]IQ $ale on all O( any portion of tha Property. Notice of Side, umder shaU give Glll.ntor ~l!I.Sonsble notice of Iha time and place of mny public saJe of the PQfsonal Properly or of Ihe lims after whfcl1 any private sal9 or olher lntflnded disp09lUon of Ih. pel"l)onal Property is 10 be mar;lol. Urtie5S oth$lWise required by appllcablQ law, reasonable notice shall mean nottce given tit 19Q5tlen (10) days before !he lime at Ihellale or dlsposlllon. WaNerj E1ecliod of Flsmedle.s. A waiver by any party of a breach of a provision of this Mortgas. shaD not OOI1$lIIu1o a waiVer Of or pl'Cljudlce the par'ly's rights: otheJWlse to dCln'1llnd sbict compliance with that provision or any ether provision. Eltlellon by Lender to pursuil any rem9dy shall not exclude pursuil of any olher remedy, and an eldon to make expandilures or IakCl dol'1 to psrfonn an obligation of Grll,nlot under !hi!: Mortgage artsr failure of Grantor to perform shall not affect l..Mndar's right to dl!lClara a de.fatJl and axerclsCl its "'medles under this Mortgaga. AttomeY3' Fees; Expense.s. II lender !nslilules any ~uit or l!ICtIorr to enforce arty of Ihe terms of this Morlgll.gl!l, lender shall bit enlilled 10 teCOVOl' 5ueh sum l!IS t/'llt court may adjudge reuonable lIS attorneys' tees at tria/and on any Ilppeal. Whether cr nof any oourt acllon Is in'lolVlld, aU reasonable expefIWS Inourred by Lendllr' that in lendQ('s opinion lll'9 nacessary at any lima fOr the proleollon of its Interest 0( the. entoroemltnt of lis righls shall blilCome a part of the Indebledllel!ls paytblQ on demand and sl1aU bur Inlere$l from the dAte Of Q,Xpendffurw: tJntlllllpdid at the ""te proVIded for in the Note, Expel1$llS covered by thl:s paragraph Jnelud9, witnoutlimilat!on, hOWSVlif subject to any limits under applicablCl Jaw, Lander's- altorneys' fQe$ and Lender's legal expenses whether or nof tnn is a lawsuit, inc1L.1dlng Ilttorneys' fees for bankrtlptey proceedings (including efforts to modify or vacate eny automalio stay or injunotion), appaab and Qny antioipat.d Pos~udgrTllilnt ooll9Cfion sal'llloos, the coet of searchjng riCOfd$, ObtaIning !fUe reports (includ]ng foreclosure reports), surwYOI'$' f'9Por1s, and Qpprals.:1l ~. end !ilIe inSlJt1I,nca, 10 the extent permitted by a.pplicable law. Grantor also wlll pay any collrt costs, in addlllon 10 all other sums provided by law, NOTICES TO GRANTOR AND OTliER PARTIES. Unless otherwise provJded by applicable ta.w, any notteCl under this Mortgage shaU be in wrl'llng, may be sent by t9lefaQsllnllA, and shall be alfecllve when acttJally dslivered, or when deposited wilh A nationally reoognlzad avemlghl courter, Qr, It mail9d, shllll be d6llmed efMctivll when deposi18d In !he Un/tel;! Sta~ malJ lln;t class, oertlfisd or reglSlClrec;l mall. poatag. prepaId, directed to fhe addrQSSilS shown near the b8Qlnning of this Mori;ase. Any party may change Its addlllllS ltlr nolice$ UndClr this Morlgage by gMng formal wrllt&rl noti09 to the other parties, spQC!fying that the purpose of Ihe no1l0611 10 ohange the party's addrlJSS. All oopllls of notices of foreclosui'$ from the holder of any 1i.!/1 which has priority over Ihl$ Mortgage $t\Q1I be sent to u.ndsr'"s addre&s, as shQWrt nQar the beg]nnlng of IhiS Mortgage. For notice purposes, Granlor agrCle5 10 keep LBnder irlfOrmQd at all times of Grantor's cturent addmss, MISCEUANEOUS AAOVISIONS. The foil oWIng mlscell.tJ'leous proVlsIOn$ are a pl!l.l'i of this Mortgage: Amendments. This Mortgage. togQther with any Rele.ted Documents, oomllfuteS the anlire undorslandlng Rnd agreement of the partlas as fa ltle matters sel forth in this Mcrtge.ge. No a1terallon of or amendmsnt 10 this MOfIgag. shall be eHeolivs unles$ given In wtfllng iI.J1d slfijn&d by the party Ol" parties sought 10 bCl charged or bour1d by tflCl alteration Of amendm9tlt. Applical3le law, This. Mortgdge /uls been delivlll'ed 10 Lender lII'Id accepted by Lender il1 the COmmortWOallh of Penn$ylvllfTla. This Mortgage shall be governed by and constrUe.:! In accordance With the laws of Ihe CommonweJIlh Of Pentl9fIVania. Caplion Heeding,. CapUon helI.dlng$ in Ihis Mortgagli lire for qon>mn!enee purpo~ onfy and are nof to be U$Sd to Inlefpret or define lha provisions 01 thIs MortgaQCl. Merget. TI1QfQ shall be no merg8/' of the interQs;1 or eslalf oreallKl by thIs Mor%la5le with any other inla~ Of estate in the PrOp&rty al aflY lime herd by or for the banfilfit of l.8nder in any caP!lcity, without the wn.tten consenl.of LendW". Multiple PiV1fes. All obligatiot'l5l of Gt!lntor under this Mortgage shall be jOint and soveral, and aX relerenees to Grantor shall mean 9Qch and every Granlor. This means thalllach of the parsons signing below Is responsible lor all obligllltlons in this Mortg9g9. Sevetablllty. ]f a court of eompetel'1ljUrllldiclicn Ilnds i1ny proViSIon of this Mortgage to blil invalid Of Utlenforceatlllil as 10 an)' person or circumstance, such findlnQ shaIl not render that provision Invalid or tmsnforcClablo as to any othCll' psrsons or clreumstances. If fQasfble, III'1Y Such offending provision $han be deemed to be modified to be within the Ilmtls of enfOfcosbll1ly Of VSlfdity; however, If the.off6nding i=lrovlsiofl cannot be aooK1399/AGE 396 DEC-,JH002 ,'Pili: 02 AM IllISTj,(~iT 1:115J09304 P 009 06-0S-1997 Loan No '. MOR'rGAGE (Continued) Page 5 lIO madilied, It shalt be StrickQn 8J'Id all oV1er provisions of Ihis Mort~llln an oftlw respeol$ shaD remafn valid and enfotc9able. SUCC8$SOra 1M AssIgn.. Subject to the Ilrnltaaons sIa!ed in this MortgaQlli on transf8r of Grantor'! Interest, Ihis MOI1gIQll.haII be binding upon and inure 10 the ben8ftt of !he p;rlies, ll'leir hcaQ, peBonal rept'eSQntatiVes. SllC~50n: and Assigns. If ownership of the Pf'op9l'ty becomas vested In a person other than Grantor, lllnder, without nollce lo Grantor, may deal WIth Grantor's 5UCCe&sors with ref8rlmCe to this MOftga~ il.nd the Inde.btAdness by way of lortJearar.ce or ext&1nslon without releaaing GrQl1tor trom thll obUgallons of thls Mottgage or liability und9l' the lndeblednsa. 11m' Is of the !!saen~. Time 1$ Of ttKI _rICO In the performance of thls Mortgage. WB!vet$ and Coneenls. I.endgr shall not be deem"d to have waiVed lI.ny rights under this Mortgage (or undet the Ralaled DOClJmenls) un[Qss sueh waNer Is in writing and slgned by I.endBr, No d&!ay or omission on the part of lander In IXIItCIs/ng any right shllil op.rale 11$ a waiver ot such tight or any other rig/'ll A waNllI' by any party of l provision Of this Mortgage shaJ nct constitute a wa/VeI of or prejudice the patty's right oltwrwlsa to demand slrict C(lmplill1lCll with that proviSion or any other provision. No prior waiver by Lendlial', nor any course of dlilaUng betweltn Lllnder IVld Granter. shall CO(IstiIuIe a waiver of any at Lender's rights 01' any Of Granltll's Obligations QS 10 any future tl'arulactions. Whenever conllent by 18ndfll' Is rgCluired in this M~, ttllil granting ot such cotlSllnl by Lender in any Instance Ihall not conltib.rtB conlinuing cOrtSIll'11 to Subsequent irustances where such coossnt is required. . EACH GRANTOR AC'KJ'OWLEDGES HAVING RE.AD ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS Tl!AMS. iHIS MORTGAGE HAS BEEN SIGNED AND SEALE:P BY THE UNDERSIGNED. GRANTOR: ~..... ..4-..::1.? 112 _ /J X'- .. ,..,.. ......- ._!\- UlTHai . CHAMBI!R& JR. .."", .../.. .,O:t..t.. -.....--. -_.~.. Xl'" Ii!F .. CA~INE~~HAMa :;'n:~~-;tm.~...n..o. X Wilntu SilJ'led, -teknowled~ .lUId delivered In the presence I)f: X Witn,," x. vr....... CERTIFICATE OF RESIDENCE I herebyoertify, that the preclu address of the mortgagee, ORRSTOWN8ANK~. oreIn is ""low,, '.0, Box "D. 77 Eut King ."", SllIP"-""', PA '7257 .. ~ -~~9~'" INDIVIDUAL ACKNOWL,EDGMENT '----.-/ STAre OF ~21'{\..."4 j Vr1n~CL I' COUHTYOF [L~QNi. ;s. On l~"", ~ dav of o.n('( J...."-.I-. 19(Y) be"'"", .~ ~JJn rrv,.f!r;,,;;;.r:ff~a'; undersigned Notary public, par$onaHy appeared IlfHER W. CHA~S JFI. and CArW P. c~~~: known ~"me. (~" .: ~=~):n~.n~~ person whose names am subscrlbgd to the within lt1$lrument, and acktl[hOwl9d98d th~ they .,cacute:~~. %,:~_~:.:;1tJo.".>Y. . ..~. .~~._..:~~., In witness whereof,l here~nlo sel trr'f hand and omclal .selll. ~:: .::; : _~ ~.';." 0 :~' ."':,. - :: ;- 0' II! "~Ilfi'.'. ~.' . C.,-' {..., jJ, . CfJ'(. .:. .','.' ~ . Notary-;ubflcin ~nd fotthll Stale o~~;" ,'~:::';';"~~;;'~i,.'. ~fl\o"~'.~~ . LA~RP"O, Ac;. u.s, Pat.... T.M. otf., Vir. ~.Z3(cl :881 of'1 i'fQScrvlt=e, l~c.. Allrl.!lnllr"""cd. [PA-130a 7o~.I..NI'\2.CVLJ ......,..,.:~ I NOTA/l1Al. SEAl. DA~ MARIE SHOOP. NOTA/lV pUBLIC Sh~. Cumberland County. "A My Comm,",on E>q,irBg Fet>ru.ry 5. 2000 Bo0K1399 PAGE 397 ~~~ ~7i~ :E ~ ~ ~~:V '-..t::: pc ~ ("'~ ~~:~_\l ~. --I -Jf8 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01133 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ORRSTOWN BANK VS CHAMBERS LUTHER W JR UNKNOWN H R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CHAMBERS LUTHER W JR DECEASED UNKNOWN HEIRS SUCCESSORS ET AL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , CHAMBERS LUTHER W JR DECEASED UNKNOWN HEIRS SUCCESSORS ET AL, 2 WEST SECOND STREET NEWBURG, PA 17240 2 WEST SECOND STREET NEWBURG, PA IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13 .11 5.00 10.00 .00 46.11 So answers: _,.,,_<7 . ,/7 ;;;;.- _..// ~~<~-;:~ ( ~-'~.--rC-~~'~ R. Thomas Kline Sheriff of Cumberland County OBRIEN BARIC SCHERER 03/22/2004 Sworn and subscribed to before me this ;;."Ir;{.. day of ~ ..lV-O'1 A.D. e2. t!~ ~ ~notary , SHERIFF'S RETURN - REGULAR CASE NO: 2004-01133 P COMMONWeALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS CHAMBERS LUTHER W JR UNKNOWN H VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS LUTHER W JR DECEASED UNKNOWN HEIRS SUCCESSORS ET AL the DEFENDANT , at 1355:00 HOURS, on the 19th day of March , 2004 at 2 WEST SECOND STREET NEWBURG, PA 17240 by handing to PROPERTY POSTED AT 2 W SECOND STREET NEWBURG, PA 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 Posting Affidavit Surcharge So Answers: 6.00 6.00 .00 10.00 .00 22.00 ~~~~ R. Thomas Kline 03/22/2004 OBRIEN BARIC SCHERER day of By:jt /;5"--- Deputy Sheriff Sworn and Subscribed to before tv me this ,;( '1- ~ .200'1 A.D. ( L~. Q ~ ~. /-P;;thonotary' ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LA W MORTGAGE FORECLOSURE MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion for Service Pursuant to Special Order and, in support thereof, sets forth the following: 1. On August 8, 1997, Luther W. Chambers, Jr. and Catherine P. Chambers, his wife, made, executed and delivered a Mortgage upon premises known as 2 W. Second Street, Newburg, Pennsylvania 17240 to Plaintiff. 2. The loan is in default as payments due February, 2003 and each month thereafter remain due and unpaid. 3. By virtue of the death of Catherine P. Chambers on February 10, 2002, Luther W. Chambers, Jr. became the sole owner of the mortgaged premises as surviving tenant by the entireties. 4. Mortgagor, Luther W. Chambers, Jr., died on July 26, 2002. There are no known parties who may have an interest in the mortgaged premises of Plaintiff. Attached hereto as Exhibit "A" and incorporated by reference is a true and correct copy of Plaintitl's Affidavit Of Good Faith Investigation as to the whereabouts of potential heirs of Luther W. Chambers, Jr. 5. The Register of Wills of Cumberland County reports that no estate has been raised on behalf of the decedent mortgagor. 6. By letter dated March 25, 2004, Plaintiff attempted to contact possible heirs of Luther W. Chambers, Jr. Plaintiff has received no response to said letter. Attached hereto as Exhibit "B" and incorporated by reference is a copy of the letter Imd returned envelopes. 7. On or about March 17,2004, Plaintiff filed an action in Mortgage Foreclosure naming as defendants all unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under Luther W. Chambers, Jr., deceased. Attached hereto as Exhibit "C" and incorporated by reference is a true and correct copy ofthe Complaint filed in Mortgage Foreclosure which sets forth that defendants are unknown to Plaintiff along with copies of returns completed by the Sheriff of Cumberland County. 8. Plaintiff hereby releases Catherine P. Chambers and Luther W. Chambers, Jr. from personal liability for the debt secured by the mortgage. 9. In order to convey clear and marketable title after a foreclosure sale, title companies customarily require the foreclosing mortgagee to nanle as a defendant the unknown heirs, successors, assigns and all persons, firms or associations daiming right, title or interest from or under the decedent mortgagor. 10. Plaintiff's action in mortgage foreclosure seeks only a judgment in rem in order to divest all claims against the mortgaged premises. II. Because there may be parties with an interest in the mortgaged premises unknown to Plaintiff, Plaintiff must effectuate service through Special Order of Court. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order pursuant to Pa R.C.P. 430 directing service of the Complaint by regular mail, ce:rtified, mail, posting ofthe premises and by advertisement one time of the cover page to the Complaint in a newspaper of general circulation within Cumberland County and the Cumberla:[ld County Law Journal. Respectfully submitted, David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/chambers/service.mot J.1-I0-03 11:18p. From-Player's Association 636 130 0558 T-858 P.OOl F-746 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: CHAMBERS Attorney Firm: TRACK STARS DECEASED Case Number: Subject: Luther Chambers Jr AKA: None Property Address: 225 S Earl Street Shippensburg, PA 17257 Last Known Address: 102 W 2nd Street Newburg, PA 17240 Last Known Number: ( ) - Melissa Kozma, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On 07/10/2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION- A SOCIAL SECURITY NUMBER(S):162-26-3679 B. EMPLOYMENT SEARCH: We were unable to obtain any further heir information. C. INQUIRY OF CREDITORS: Creditors Indicated the last reported address for Luther Chambers Jr Is 225 S Earl Street, Shlppensburg, PA 17257. Creditors stated Luther Chambers Jr is deceased. We were unable to obtain any further heir Information. INQUIRY OF TELEPHONE COMPANY - A DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for Luther Chambers Jr. WIl were unable to obtain any further heir information. INQUIRY OF NEIGHBORS- We were unable to contact any neighbors to confirm any information for Luther Chambers Jr. We were unable to obtain any further heir Information. INQUIRY OF POST OFFICE- A. NATIONAL ADDRESS UPDATE: As of July 03, 2003 the National Change of Address (NCOA) has no I1sting for Luther Chambers Jr. We were unable to obtain any further heir Information. MOTOR VEHICLE REGISTRATION- A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license information fe>r Luther Chambers Jr. We were unable to obtain any further heir information. E.XH.IBIl "A" Jul-l0-03 11:18pm Froo-Player's Association 636 130 05511 T-858 P.003/015 F-746 OTHER INQUIRIES - A. DEATH RECORDS: The Social Security Administration has a death record in the name Luther Chambers Jr with the social security number above on July 26, 2002. His last reported address was In Shlppensburg, PA 17257. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): We were unable to obtain any further heir Infonnatlon. C. COUNTY VOTER REGISTRATION: The County Voters Registration Office had no listing. We were unable to obtain any further heIr infonnatlon. OTHER SEARCHES - The County tax records Indicate the following: We were unable, to locate any tax Information for Luther Chambers Jr at the above addresses. ADDITIONAL INFORMATION ON SUBJECT- A DATE OF BIRTH: June 28, 1936 "~01.ARY ~e~~~ KIISI'ln'CMOU' Scon", \\s~al~ Missouri 51 \.Ou s' 'J' 9/212006 MY Comm1ission Expires Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 J.uHo-oi' 11:18pm From-Player's Association 636 130 0558 T-858 P.OOl F-746 Date: 07/10/2003 Players National Locator (IPNL) (Reply Form) Reply To: TS-DECEASED ATTN:KELLY MORASCH 302 SHELBOURNE ROAD HAVERTOWN, PA 19083 Service Type: Skip Trace Open Dat,e: 07/03/2003 Due Date: 07/10/2003 Close Date: 07/10/2003 File Statuls: Found Subject(s) Loan Number: CHAMBERS Rating: Borrower Name (1): LUTHER CHAMBERS JR Borrower Name (2): Last Known Address:102 W. 2ND STREET NEWBURG, PA 17240 Death Reported Social Security #: 162-26-3679 ' Social Security #: -- Servicer Loan Number: New Address: Residential Phone #: ( ) - Residential Phone #: ( ) - Business Phone #: () - Business Phone #: () - Other Phone #: ( ) - Additional Information: SEE AFFIDAVIT. PLEASE USE THIS FORM AS AN INVOICE. $50.01) DUE & PAYABLE. Players National Locator 113 Old State Road, Suite 104 Sf. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) ~!30.0558 Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Corlisle, Pennsylvania 170/3-3.JJ2 Robert L. O'Brien Dm'id A, Baric Michael A. Scherer (717) 2-19-68"3 Fax (7/7) 2-19-5755 direct: dbariC',~obslaw. com March 25, 2004 Occupant/Possible Heir of Luther W. Chambers, Jr. 225 South Earl Street Shippensburg, Pennsylvania 17257 Occupant/Possible Heir of Luther W. Chambers, Jr. 102 West 2nd Street Newburg, Pennsylvania 17240 Occupant/Possible Heir of Luther W. Chambers, Jr. 220 South Earl Street Shippensburg, Pennsylvania 17257 RE: Luther W. Chambers, Jr. 102 West 2nd Street Newburg, Pennsylvania Dear Sir or Madam: We represent Orrstown Bank in an action filed in the Cour: of Common Pleas of Cumberland County regarding a default by Luther W. Chambers, Jr. in the payment of a mortgage held by Orrstown Bartk. The loan has been in default since February, 2003. We were informed of Luther's unfortunate death. As you are a possible heir of Luther W. Chambers, Jr., you were automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. Section 301(b). [)(fUBI7 . BH If you are an heir of Luther W. Chamber, Jr. or may have: information for his heirs, please contact the undersigned within seven (7) days of the date of this correspondence to discuss this matter. Very truly yours, DA~ cc:~ dab.d ir/orrstownbank/cham bers/heir.ltr O'BRIEN, BARIC & SC ~fire R I .... .,.\ IV ITI -J I ..... al ....... -.\" -, .... I'.le) 1).1::- .... .. 1.1.' .j::. 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PI CITl~"'tl :;lJ~. 0 0 0 Q:;lJC)~ - r ~ - J: J: "'tl~:r:- )> )> 1Tl-l~OJ - :I :I Z:;lJs:::r m III ZITlOJITl " " 111 III :Ill Ul ~1Tl1Tl:r: Ot/l * -<-l:;lJ1Tl - llC< II r ~- I1IZI1I 111 < - :;lJ - -1)>0 -I'" ~ <- cm C-.j Z ;:0 llrr lllll ZI1II1I ZUl ~ 11 -.j - -1-1-1 -ItJI ~ '- 00 00 -.j - Z 0 N t/I110 t/ItJ1 0'1 mo 111 -.j - Zll)> 2'" . " " , , - OI:O OtJI - m)>o mo - llllll llJ: om - t/I ... t/I -.j - 0 -. tJI .... " tJI ... -~, . .... 0 J: " ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004- ), IJ CiC>I..L ~~ CIVIL ACTION-LA W UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. MORTGAGE FORECLOSURE ~-, r-" ,--J -'J :-.! c-;'""\ --.J .;' --" ~) . ,c) , NOTICE '~_) '-I You have been sued in court. If you wish to defend against the claims set forth in tli~ following pages, you must take action within twenty (20) days after this complaint aad notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Associmtion 32 South Bedford Street Carlisle, Pennsylvaaia 17013 (717) 249-3166 EXHIBIl '(6 ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004- UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORJECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. The Plaintiff and Mortgagee is Orrstown Baak, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendants are all unknown heirs, successor, assigns and all persons, firms or associations claiming right, title or interest from or under Luther W. Chambers, Jr., deceased. Counsel for Plaintiff is aware of some of the potential heirs of dlecedent. None of these individuals has taken any steps to be appointed to administer any estate. 3. By Deed acknowledged on August 7,1997, Ronald Mehiel and Starr B Mehiel conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Luther W. Chambers, Jr. and Catherine P. Chambers. This Del:d was recorded in Cumberland County Deed Book 162, page 803, et seq. all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 2 W. Second Street, Newburg, Cumberland County, Pennsylvania. 4. On or about August 8,1997, Luther W. Chambers, Jr. and Catherine P. Chambers, as Mortgagors, made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in the Cumberland County Office oftl1e Recorder of Deeds on August 13, 1997, at Cumberland County Record Book 1399, page 393, et. seq. all of which pages are incorporated herein by reference and made a part hereof. 5. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid rl~corded Mortgage is attached hereto and made a part hereof as Exhibit "C". 6. Catherine P. Chambers died on February 10,2002 whereby title in the property described in Exhibit "A" became fully vested in Luther W. Chanlbers, Jr. as surviving tenant by the entireties. 7. Luther W. Chambers, Jr. died on July 26,2002 and upon information and belief his heirs or devisees and personal representative are unknown. 8. Plaintiff contacted the Register of Wills of Cumberlaad County and was informed as of March 10,2004, no estate has been raised on behalf of the decedent mortgagor. 9. Plaintiff hereby releases Catherine P. Chambers aad Luther W. Chambers, Jr. from liability for the debt secured by the mortgage. 10. Under the terms of the Note and Mortgage, if any monthly payment of principal and interest is not made when due or any other obligations of the Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligation shall become due and payable immediately at the declaration of the Mortgagee. 11. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 12. The following amounts a:re presently due on the said Mortgage and Note: Principal $57,544.32 Interest to 03/05/04 (per diem of$13.80) $ 3,453.35 Late Charges $ 502.81 Attorneys Commission (fixed for purposes of this Complaint at 5%) $ 2,877.21 TOTAL: $64,377.69 WHEREFORE, Plaintiff requests an in rem judgment against the Defendant(s) in the sum of $64,377.69 together with interest from March 5, 2004 at the per diem rate of$13.80 to the date of Judgment together with costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Respectfully submitted, David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbanklchambers/complaint.pld 03/09/2004 11:36 71 72495755 OBS PAGE 06 VERIFICATION The statements in the foregoing Complaint are based upt>n information which has been assembled by my attorney in this litigation. The language of the st~tements is not my own. I have read the statements; and to the extent that they are based upon in~ormation which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. Date: J, I 0 . cJ '-I ~~--j;;;-~ ~hu,'.fL, Bet Smith, Collector Orrstown Bank : ,Uto'VO-iUUJ rKI II :U4 AM 1m11Ji!llllll i!i IOJU~JU' P. 010 EXHIBIT "A" ~ ALL that certain lot of ground with, improveJIlents thereon erected, located in the Borough of Newbw:g, CUlnberland County, Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by Second streE,t, on the East by an alley, on the South by lands now or formerly of Edward I. Highlands and Edith K. Highlands, his wife, and on 1~e West by lot now or formerly of William Spencer. CONTAINING a frontage of 55 feet, more or less, on Second Street, and a depth of 119 feet, more or less, known on the General Plan of said Borough as Lot No. 79. BEING that same real estate that Ronald Mehiel and starr B. Mehiel, husband and wife, by their deed and intended to be recorded prior to the recording of this mortgage in the Office of the Recorder of Deeds in and' for Cumberland county , Pennsylvania, conveyed to Luther W. Chambers and catherine P. Chambers, husband and wife, Mortgagors her,ein. E.XHIBI7 'A' StttellfPennSYIVania} '. ,COI/O'" of ''>--nber!and 8" , ;~' ..,:," 'r:' 'he of/leafor the recording of I\_~ , ' ...v r '. erland Co" -, . ....80. ~ 11ty, P.i.6-:z.. . \'..m~S'ljlYhan . ._pag~V~ Carl Ie I'A tho n I of off! - . T-) I' day of 19..!.J Bocx1399 PAGE 398 , PROMISSORY NOTE Borrower: LlITIel W. CHAMBERS JR. (SSN: 1S2-.26-3a79) CATlIEIlINE P. CHAMBERS (SSN: 196-38-7096) 2 W. SECOND ST. NEWBURG, PA 17240 Lender: ORRSTOWN BANK LIlrgan Avenue OItIce p.o. BoX 250 T7 EoslKing Street Shippensburg, PA 17257 Principal Amount: '$67.200.00 Interest Rate: 8.500% Date of Note: August 8, 1997 PROMISE TO PAY. I promise 10 pay 10 ORRSTOWN BANK ("Lender"), or order, in IawliUl money Of the United Stales of America Ille ptlnctpol amount Of Sixty Seven Tllousand Two Hundred II< 00/100 Dollars ($67,200.00), togelher with interest a1 the rale of 8.500% per ';"num on the unpaid pl1ncipal balance from AUgust 8, 1997, unUI paklln fUll. PAYMENT. I wot pay this loan in Il11l payments of $"1.74 toeh payment. My firslloaymont is due September I, 19S7, and all subsequent payments are due on Ihe same day 01 eacn month alter thi!. My llnal payment wm be due on August 8, 2012, end wm be lor all principal and all accrued interes! not yet paid. Payments Include princiPII and Inlerest. InfIl/'llSt an It;. Nale Is Compuled on a 301350 simple inle.w basis' that is, with tha excepUon or odd days in the firsl payment period, monthly interest Is calculated byapplyi... the rallo 01 too annual inlwesl rate aver a' year of 360 days, multipliad by the outstanding principal balance, mullipllod by a monlh of 30 diays. Interest far the add clays Is calcufal8d an the basis of Ihe actual days 10 the nox! lull month and a 36O-<lay year. I will pay Lander at Lendef. aCldross shown above or at such othar place as Lender may designate in WIfllng. Unless othecwlse agreed or raqulred by appl~blelaw, payments wDI tIe applied first to accrued unpaid Interast, then to principal. and any remaining omounlto any unpaid collection costs and late charges. , PFlEPAYMENT. I may pay without penalty all or a portion of the amount owed oallier th"n Ills due. Early payments will not, u~1e$s agreed to by Lender I~ writing, relieve me of my obligation to continua to make payme~ts under the payment schedule. Ralher, they wiD reduca the principal balance due and may result In me making fower peymenls. . LATE CHARGE. If a paymonl is 16 days or mare Iale, I will be ehatggd 5.000% 01 \h. regularly schedUled payment. DEFAULT. I will be In delaull if any 01 the fallowing happens: (a) IIail to mak. any pa~"ent when du.. (b) I break any promise I ha"" made to Lendw, or I faj( to comply with or to perform whan due any other term, obligation, coven:!I.nt. or condition contained in thi&: NQte or Q/1yagl'QQmBnt l'9la19d fo this Note, or In any alh9r agreement or loan I have with Lende'. (c) Any represelllailon or statemant made or lurnlshed 10 Lander by mo or on my boI1aJl is laIse or misloadlng in any matorilll raspoct either nOW or at tho time made or fUrnished. (d) I die or become InsoIvant, a l'9CSivor is appoinlad lor any pari of my proporty, I make en essignmont lor the benefit of ClDdi!ors, or any prOOgeding is commenced _ by me or against mo under any bankruptcy or Insolv.ncy laws. (e) MY aeditor tries 10 take any of my property on or In which Lander has a rIBn or oeoul1ly Inlatast. This InclUdes a garnishment of any of my accounts with Lend.,. (f) My of the .vents described In this defaull saclion occurs with respect to any guarantor of this Nol.. If any default, otharlhan a defaullln paym.n~ is curable and ti I ha"" not been given a noU,,,, of a breaeh of the same provision of this Note wllhln the praeading twelve (12) months, If may be oured (and no evenl of default WIll have OCCurrod) if I, aflw receMng written ~otic. from Lander damandl... curo of such default (a) cur. the detaull wlthln _n (15) days; or (b) ti lha cun> requires mO<Q thon flltsen (15) days, Immediately initi.19 staps which Lender deems in Lender's sole d'1SCf.fion to be sufflciont to cure the defaull and theroafler ,::onUnue and complela ali reasonable and necassaJy stops sufficient 10 produce compl1ance as soon as reasonably practicel. LENDER'S RIGHTS. Upon default, Londer may, after gMng such notices as raqulred by appl~ble law, daclare the entire unpaid prinolpal balance on this Note and all accrued unpaid inlcll.."t immedla191y duo, and then I will pay that arnounL Lende' may hire or pay someone else to help coIlacl this Note III do not pay. 1 also wIU pay L.nder thalamounl. This Includes, subJeclto any limits under appllcablo law, Lender's attorneys' tees and Landa(s legal expensos whether or not th"", is a lawsuit, Including attorneys' fees and logaI exponses far bankruploy procgedings ~ncluding effotls 10 modify or vacate any automatic stay Dr Injunotion), appeals, and any anticipated post-Judgm.nt colloction ser.1ces. if not prohibilcld by appUoable law, I also win pay any courl costs, in addlt10n to all oth.r sums prolllcled by law. if judgment Is entered " conneouon with this Nolo, intorosl wm continue to acctuo on this Nola after juclgmentat1he ex1sting Intorest rate prO\llded for in this Note. This Nate has been delivered to Lander and aa:eplecl by Lender In the COmmonweallh of PennsylVania. It there is a lawsuit, I ogree upon Lender's roqu.1St to SUbmn to the Jurisdiction of the courts 01 Franklin County, the COmmonwealth ot Pennsylvania. Thl. Note shall be governed by end construed In accordance with lhe lowS Of the Commonwealth 01 Pennsylvania. RIGHT OF SETOFF. I grant to Lender a contractual possessory security inlarest in, and h....by essign, convey, deliver, pledge, end transfer 10 Lender all my right, UUe and Interasl in and to, my accounts with Lender (Whathar chocking, sailings, or some ather account), Including wilhaut fimilaUon all accounts hgld jointly wtth som90na else aJ"Id ell accounts I may open in th9 future, excluding however aU IRA and Keogh accounts, and &1 trust accounts for which U".e grant of a security interest wo:.:ld be prohibited by law. I authorize t.endQr. to th9 GDctent permitted by appncable.law, to charge or setoff all sums owing on this Nota against any and all such accounts. COu.ATERAL. This Note 15 socURld by a Mortgeg. dalOd August S, 1997, to Len,jer on real property located In CUMBERLAND County. Commonwealth of Pennsylvania, all the te.rms and ccndltions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender me.y dalay or fa'90 enforcing any of ils rights or remedIes under this Nola wilhoullosing them. I and any oihor person who $lgns, guarantees Dr endorses this Note, 10 the extent aJlowed by taw, waive pre5enlmen~ demand for payment. protest and noticEl of dishonor. Upon any change In the terms of this Note, and unlass otherwise expressly slatedl in writing, no perty who signs this Note, whether as makor. guarantor. accommodation maker or endorser, shan be released from liabmty. All $uch parties agree that lender may nmRW or extend (repeatedly and for any Iensth of time) this loan, or release any party or 9~al'Qntor or collateral; or Impe.ir. fsit to realize upon or perfect Lander"s security interest In the COCla1eral; a.nd take any other action deemad necessary by landsr without the consent of or notice to anyone. All such Parties also agree that l...ender may modIfy this loan without the consent of or notice to anyone other than the party with whom the mod1ttcalion is made. The obligations under this Note are. joint and SElvcnal. This means that the words "r. IIme-, and "my" mean eaoh .and all of the persons sIgning below. E.XfiIBI7 M BM DEe-OH003 FRI 11:00 AM rn:sTCltlKIIt~T 17175309304 . P. 004 08-08-1997 Loan No PROMISSORY NOTE (Continued) Page 2 PRIOR TO SIGNING TliIS NOTE, I, AND EACH OF US, READ AND lIIDERSTOOD ALl TIlE PROVISIO,NS O,F THIS NOTE AND llle NOTICE TO CO,SIGNER SET FO,RTH BB-OW. I, AND EACH OF US, AGREE TO, THE TERMS OF THE NOTE AND ACKNOWlEDGE RECEIPT OF A COMPlETE! CO,PY OF llle NOTE. THIS NOTE HAS BEI!N SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: y x~~ -- NOTICE TO COSIGNER You are being asked 10 guaranlee ibIS debL Think ClIlefuDy before you do. II the bon'ower doesn't pay lIle deb~ you WIll have 10. Be aure you can _d 10 pay II you have 10, and IIIaI you wanllo accept this respon8l1ll11ty. You may hove to I"'Y up 10 I"" full BIllount 01 the aeblll the borrower does not pay. You may olso have 10 pay lata fees or collection eools, Wllfch Incr_thl. amount. 111elander can collectlhla aebt from you without first tryIng'lo cOllect from lIle borrov.er. 111e lender can use tile serne coIlecUon melboda against you thai can be 0_ agIlinat Ibe borrower, GUeh as suing you, garnishing your '''goo, etc. II this deblls ever in defaUlt that lacl may become a part 01 YOUR credit record. 111ls notice Is not the contract that ~ you liable lOr Ibe debt. Fba!ll:IRat.. \nrlalltnlnt. LASER PRO, Reg. U.s. PIt. &; i.M. Off., VII'. '.23 (c:) 1 !flU CFl Pr'cServicu, Inc. Allrlghts revved. [pA-C20na.LN R2.CVLJ DEc~a5<0J3 F~j 11:00 )\,! ~.'li<.If~~ c.2If3; - L-- I HECOI1DATION REQUESTEO BY: ORRSTOWN BANK P.O. Iklx 2SO T7 East Klna SltH' S!UppellSburg, PA 172S7 WHEN RECORDED MAIL TO: ORRSTOWN SANK P.O. Box 250 T7 ElSe KIng Street Shippen$Durg, P A 17257 1': i i53Q;3J~ KGE':i1T P. ZIECLER ;:,OORO[" OF DEEDS (;UMStRI A~:~ "C:h.T" . .., '" Vll . ~r:' '9" RUG 13 AI'I10 10 P.005 ))~. SPAC!: ~WOVI! THIS UNf IS 'OR RfCORDER'S US! ONLy MORTGAGE THIS IS A PURCHASE MONEY MOFlTGAGE THIS MORTGAGE IS DAlEO AUGUST 8. 1997, betwoen LUi'HER W" CHAMBERS JR. ond CATHERINE P. CHAMBERS, whose .ddress I. 2 W. SECOND ST., NEWBURG, PA 172'10 (referred to below .. "Grantor")i and ORRSTOWN BANK, whoe. address Is P.O. Box 250, n Eut King Slree~ Shlppensburg, PA 17257 (referred 10 below lIS "Lender"). GRANT OF MORTQAGE. For valulble contkItlI.Uon. G'Il'llor gttnll, barplnt, ..11., COIW-r', auf OM. transtet.. releua, conftrms Jrld mOttgegp to Lender d of erllntor's right. 1IUe, and inlerUt In and to Ihe folowlng dllecribecl tIIa/ property, tc;ether wfth aa exIaling 01 aubsaquenty 8f8Cted or aMxecl buJkllngs, Iml)l'OVllments IItd 1Ixturt.; all strealll. lana., deyS, passages, and ways; an leemtntI, rights of way, all Itlllfties, PrtvilegeS, l8nemenlS, heredilllments. and Ippurtenaoces thereunlo b8l0nglng or a!l}lWi$e 1'I'Illdt: appurtenant hetNflIlr. and h r8Yel11on1 and rlmamdec$ with raspect thereto; all Wi/III, water ~hIs, watereourses and ditch _ (including stock in utUIlIu WIth ditch or Jniga1lon dcIhts); and all other rfghl8, royallill. and profits /WtatJng 10 the ruI Property,lncIuding wllhout Drnitatlon II mlltll1~ Oil, gas. geoltiQrmaf and stmlar matters.loclted in CUMBERLAND County, Commonwealth of Pennsylvanle (the "Reel Prcperty"): See attached The Reel Property or n. addre.. Ja commonly known as 2 W. SECOND S'l"., NEWBURG, PA 17240. Granlor presefllly assigns to tsnder aD ot Grlnlor's rigl\l, IlIla, and !ntarastln and to .n I.... of ttw Prnperty and au Renfa from the Ptoperty. In adClilion, Granlot grants to lMIder oS UniforrnCol'lVTlel'Cisl Code securlty intwalln lhQ ParsonaJ P,uperty Ill'ld Rents. DEFINITIONS. The foIIgwjng wcrdS shd havelh8 following meanings When IZll8d In this Morigagll. TerrM not athetWlu cleftned In Ihil Mottgago shall have the meanings atII1butad to sucn IDrm:s In Iha Uniform CommetClal Coda. All roIonInces to d,:llIar amounts shaD maan amounl$ In Iawf'UI mo.,.y 01 the. United States 01 Amerlea. . Grantor. Tha word "Grantor" means lUTHPR W. CHAMBERS .,I't.1Irtd CATHERINE P. eHAMBERS. Tho tbnlot Is the mortgagor under this M_. Guarantol. The word "GuarantD1" tI'lIanS and ltIcIudes without Hmitallon hch anellO or ttm guaranm. sUl'8llcll, and aecommodallol'l parties in conn8eUcn w!lh tho Indeb:ednou. Improwments. The word "tmptOVllmenll" l'l'IIllTI and Includes Wilhoullmltallon aI e)ds'~ng and ft.Ihn Impfl:Nlftllilnts, blJiJdlngs. 1ltruotI.ns, mobile homes affixed on tho Real Ptoplll'ty, taciUfiu, addlllons, replllOlllmon15 and other construction on l~ RNI Property. Indebtednest., The word "lndebteclnep" lI'II!IanllII princfpal and Intel"Ut pa~1e undlilf the Nom and any In'.cunts explilmled or advanced by Lend. tc discharge obligalkms 01 Grantor or expel'lSlllncurred by lender to enteret oblgatlons of Grantor under this Mortgage, tQgt!h8r with Interest on such amoUI1!$ as provIded in ltd, Mcr1gag.. Lender. The word '\.end'" meaM OAR$TOWN BANK, Its SUCCe5lorsand assigns. The l.8r1det is the mMgagee und8l'lhis Mortgage. MotIQlge. The word .Mortgage- means thIS Purehu. Money Mortgage beIvJQan GrMtor and L.ender, and ItId1JdaI wIlhcul lmilalfon all assignments and security Inttnl&t pro\o1slOflI reld'ng to the Ptr1;onal Property and Rents. Put'CbaM Money Mortgage. "any of tt'oIil debt *Uf'8d by this Securfty Instrument is IIilnl: 1:0 Borrower to aequo tile to thQ Real Property, !I'll:l SoclJrily Instrument ,"alI be a pun:1We mot'llly fTlCII'lQ'ago under 42 P.S. Secl!on 8141. Nole. The WOrd "Note.. moans the promlsSQl')' note or crlid"ll agrHmlllnt dated August 8. '1997, In the original principal amount 01 $67,200.00 from Granier to lencillr, together With all ranew. of, axlen"OtIS of, modlllcaUolIS or, 'olInandngt: of, coMonclaffons of, and substittlllons lor the promiS$Of"( noltl or IQl'lement. The maturity dale or this Mcrt;agllls AuglJll8, 2012, PecaoRal Property. The wcrdSl1'er3onal Prcpertf mean aU equipment, ~ and other' 1!ll1IcIes of pl!lBOnal property now or hetelfler ownecr by Grantor, and now or hereal'tar attachtd or aIlixeCl to the RuJ Property; togatner wtth .. acl:e5lllc:lm. parb, and jlddiIlcn3 t!;l, .sf r~1s of, and all sUbdMIo.1'\I for. any of SUCh pl'Clpllrty; and together wlth an prooeeds (Vlcll,uflng wIltloullmitation aIIlnsUl'tll1C. prOeeed3 arn:ll'8funds of pfWUms) from any saki or ottlor d"llIposlllon or the Property. Properly. The word '"PToperV rnuns coUectiwly the Reall'roplllty and the Personal Properly. Real Pl'Operly. The words ~ ProPerlY' mean tl'. Pl'operty, lnlwests and rights dtiClibed jlbow in tI'le "Grant of Mortgage- section. Related Documents. TrIe words "Rated Documents" mea(l and InduCle without Brrtllallon all prominocy nola$, IQdIt agreements, loan igreemonl$, environmental agrwmen!ll, guaranlles, SQCurity agrMmants, mortgages, dlWlds of trtJst, and II othQr instruments, agreem9r:ts'and dccLlmenls, wr.ethQf now cr here4~ &Xfdng, executed in caMdon with the. Indebtedness. Rents. Thil word ~el'1ts. means .u pr~e"1 atld futLIAI I'Gnls, rev.lnues. IncornQ, issuef;. (tJ)'allies. profits, IInd olh~r benefils derived trom tne property. . TI-lIS MORTGAGE, INO-UCING TM!! ASSIGNMENT OF RENTS AND THE $I!CURITY INTEREST IN THE: RENTS AND PERSONAll'ROPEl'iT"i,IS GIVEN TO Sl!!CURE (1) PAYMeNT OF THI! INDeBTEDNESS AND (2) PERFORMANCE OF AlL OSLlGATJONS OF GRAHTOR UtiDI!R THIS MOmGAGI! AND THe RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AHJ) ACCEPTEIl' ON nn! FOll.OWING TERMS: PAYMENT AND PERFORMANce:. exc.pl as otherwise prolllded in thIS Mortgage, GraniCI' shall 1'I1Y to lBnder .. amounb SACurod by this MOI'1l~ IS !I'lIY become dlM!, and shaD stric:tIy perfonn d of Granlots otIligalions under thb Mortgll~e. POSSESSION AND MAINTENANCE OF THE PROPI!RTY. Grantor agrees that Grantor's posseaion and use of the PrOj:leC'ty shall be govlltned by the lol\o'NlnQProVlslons: f'Ques$lon and U$e. Unlll in delault. Granlor may Illma!n In p~lon and conlrol of an::! operllte and manage .the Property and collect the A.~!J from h Property. . Dl.lty to Mall'itatn. Grantor shallmalntafn the Property in tenanlabla condition and promptiy perform all rapalts. replacamenb;, and malnfanance neeessarJ to pl'O$erve n. vo1lue. Hozardoua Sl.lbatan~U. The terms "hl2Udous wasla,. "haZardous substance: "disPosal," "rIilIoase.~ a.1d '1hteatenlld releaso; as VIed inlhis Mcrlgi.gg, shd h.1.ve the same me4nI~s U SIlt forth In the Comprohenslve Envlronmontaf Response, CoI1lpGr\SallOf\, and Uablllly Act ot lSSD, as amended, 42 U.S,C. s.ctIon 9601, of ,~, ("'CERClA"), the Superfund Amendments and Raaul:hotf%l:lIon Act Of 1966, Pub. L No. t9-499 rSARA"), the Hazardou. Materials: TrarlSpOllalfon!d, 49 U.s.c. Seclfon 1801, at seq., the RMOUr'Ce Consorvallan and Flecowry Aal. 42 U.S,C, Secllon 6901. et SQq.. Of other appbble .tate or FedAlaJ laws, rules. or regliallorlS adOjlled p~uant to all)' 01 the IortlQolng. ThIllwml "ha:arc!ous waste- and "haZardous 8l.lb1lanC8" shal also IncludlJ, wtlhoullmftllllon, peh'cklulTI and pmleum by-products or any hcIfon Uwaof I!.nd asbestos. Grantor repl'9Wl1l$ aIlCI warrants to lenc!tr that (a> During tile perlod of Gral1!or"1 ownmnlp of the Property, there he been no use, ~n.ation, rnanufacturG. storag..lrutmlnl, dIspo$aJ, l'Illaue or thta.tened raluae 01 arlY ha%lVdoua Willie or substance by any pel50n on. under, abQUI Of from Ihe Property; (b) Grl,nlor has no knowledge or, Of reason to badaVa thut thenI has been, excepl as pre\llously cIiIcIOSed to aJ'1d QCknowI.dgod by L.l'IdlW" in writlno, (i) any US., gan..lfon, manufacture, slctaoe. 1nn.1111.nl, t1ispocal, releaIo, or threatened lWaaS:e or any Rnnd::lQQ",,;, ::iQ.1 CXIiIBIl 'C' DEHH003 r,111:0'; l',' }is:0',':',!' i~:7j3B30! ?006 " 08..(j8-1997 ::'oan l:Jo MORTGAGE (ConUnued) Page 2 huarclous w~te or substal'lCI on, under. about CC' Irom thl Property by ally pdOl' ~ or occupants 01 lha Property or (ii) arrr ac:t&III gr thraallned lItIgallon or dalmS of any kInd by IrTf ~I'\ reIa~ng to such matters: and (e) Exalpt as pl'l'JiotlSty diS::loslKt Ie Ind ackIlCYt.adgld by LenW in writing, 0) neittw GBntot nor any lelW'lL conlrador, agent or OUlIll' authoriZed US. or lne Property Shall use, generate, Il\inuta.mn. sm. hal, clisPCISQ of. Dt rtleua 1:1)' hazardous wale or subilanc. on. und.. about or from the Property and (Ill IllY such ~ sNI be conductod in COlTlpi&ncll with d I!'tpicable Iederll, stato, and lceallaws, regtAdons and otl1inaneas, itId\lcfinQ WIthout ImitaIOl'lIhosa tIWs, t&gulllllons. and orcinatlCeS ""at:1d above. Grantor autnoriZas llnder and its agents ID el1ler upon the PtQSlertv to makI ~ inspecIons IIlCI lalitlt II Gr.nlOf"s ecpar.:!e, as ~d<< InI'f deem apprcprfate to deIem*1a COlrIfIIenoe of U~ Property with this MCIcln of !hi McrtgagL My Inlptdlons or lab made by lender shaD be tor Lendet's purpQH3 cmI'( ancl ,hall not be COl1StlWd Ia creaDII arrt respOt\Sl:lily cr IIIblIIy on h part 01 LeMer to Granb::' Of to any other person. 1he tepl'llentalons and watrantlal eontaJ'*' I'terIin ara based on Grantor's due ca1Igenct In inwdillng lhll Ptcpetty fer hazardOYll wulcl and hUardous substances. Grantor hnby (a) rMuas and waives Iny Mln claims qaia.st Lender lOr indemnity Cll' cOlllOOuticn in IN MtIt Grantar becomes liable t'tlr cfelnup 01 Cltl* costs under any such IIws, Ind (b)... to indetMI~ and hOld han'nIesS Lender Igllnst any Ind d oIaIms, loases. labiDtla, damages, pllnllllleS. Ind tlXplltlles which lAndw IN.Y dRcIy or Indlrllclly sustain or 11.1"" rasultin; from . breach of this IActlon of the MortGagl Of as I I;onSlIQuanoe 01 any Use:. Oenetllon. ~ storaga, dispoal, releua or thteaIerotd f1lIMst occtlI'I'InQ prior to Granlot'l owlWlVip Of __In tha Property, ~ or not the same wu or sholid tlave beln tcnown to Grantor. The provisions Of Ihili seelion af 1111 Mortgage, inclvdll'lQ the oblgallon to Iftdtmnlfy, Ihd ~ 1M PlytNlnt of ItIe Ind~nua and the sallsfaction and nr;onveyancct oIlt1e lien of this M~ge Ind shall not bl Ilf8cted by lAndal's acq\IIsIIor\ of Iny lnlerasf in the Property, ~er by IottcIOStn or ofhetwi8$. Nuisance, W..... Grantor shall 1'101 Ciusa, canduct or permit any nUsal'lC9 nor commit, permit, or sutrer any stripping of or waste on or kI the Prol'wty or any portfon of the Propertf. Wlthoullmitlng the generality Of the Iol'egolng. Gtai,tgr wIg not nwna..... or grant 10 a.ny other pltty ltle righl to l'tIMovt, any limber, tl'linerall (includIng on and gas), son, 91"&1101 or rock prodl.lCtt withciUtthe prl'orwrltt.n consent 01 Lllt'lder. RemoVal of Improvementa. Gtanklt shall 1'101 demoli$h or remQ\ll any Improvemenb: from ~r!iI RaaI Prcs:lerty without the prior WI'ftten col\m1t of l8ndw. As. COC'Idltlon to the removal 01 any Improvtl'lWlls, l.Qnder may requ1r8 Granlor to rnalt; arrangemerrts salltfactory 10 Lender 10 replace such Improvemenl:l w1lh Improvemel'lls of allust equal value. Lander's RIght to !Iller. Lander &l1d ils agllnll and representatives may enw upon !he Refll Property at all reasonable times to aftend to Let\der's fnlarllSts and to Itl$pect the Property lor pllrJ)CHS of Granlor', ccmplance with tIla Iarms and cendlllons of !his Mortgage.. Compliance with GoverlUMnlal RequlrttDenl.. Granlor shall promplly comply WIth a111awl, ordinances, and 1'ClQ:u1l1iol1l, now or hereafter In effect, 01 an governmenltl authOtflla applicable to thg use or occupancy of the Property. Granter may con!eet In good fllIltl any IlJCh law, ordinanec. (A reglJlaflon and wtthhoJd oamplance during any procudlng, Including approprial:e appealS, so 10lIg as Grantor has no1ftIed L.endIr in writing prtor to doing 10 and so long "' In lIIlnder's solI ~on, Lender's lntara in Ill, Property atllo not jeopa.rdlzad. Landar may l1lqulra Grantor to post adtquatllo SIlIl~ or I surtty band, reuol'llbly $Q1Istactoly to Lencllllr, toprote:t !.ender's inlar9St, Duty 10 Prolecl. Grantor agrus neilhef to abf.ndon nor leaVe uoaftendad the Property. Gn~ 5haI do all olhar acts, in addltlOl'l to those acts &at fotth Ibow In this secVon, which from the c:haraetar and use of the Property ItIi reuonabl'f nee&:UaIY to protect and praurve the Property. DUE ON SAL.I! _ CONSENT BY LENDER. Lander may, at Ita option, declarelrtlrnQdlallllly due and payable aH sUm3 secured by !his M~age upon the sa,!a or lransfer, wfthQUt thlll Lander'$ !:lrlor wrlttln consent, 0' aU or any part of Itle Real Properly, or any lnIwM:t in the AtaI Property. A "$ale or lrai\$!er" means the CDI'\wy&nC8 of RuI Prepllfty or any right, IIlIe or inl8nlst thertll'\; whother legal, betltfloial or equitable; wl'leIhw voluntary or lnvolunt&ry: whelhltf by outrlght sale, deed, Installmenl_ contract, land contract. conlttcl for died, leeehold Interact WIlli a term er-attr than tine (3) vears,laaH-opllon contract. CIt by aa!lS,l$Sfgnment, or lransfer Of any beneIIciaIlnlel'8lt In or 10 any land trVSt holding title to the AIollI Prop arty, or by &/'Iy olher melhod of con~yanoe of RIal Property tntwest. If any Grantor Is . corpOl'll.Iotl, ~Iartnershlp or Dmlled Hab1llly company, Ittnsfw Do inclUdes any changlln ownershiJ;l of more than lwanty-/lvll ~nt (25%) of the voting stock. partnership inlwes!:ll or limited labllly cOrnpan)' ll'ltWKls, as the c:ua may bll, of Grillb'. HOW8'N, this opUon .1\aII not be exerclHd by LlIt1dar If:such..tc1$8 is prohibited by r.dtrIJ II.w or by PennsytvanIt law. TAXES AND LIENS. Tha fcllowin; !)n:Msions relating to the taxN and liens on the Property In a ~1IJ't of INS Mortgaga. Payment. tbntor thai pay when due (and in aD .vents !)r1or to dIIlInqulInC't1ll11laxts, paYI'c11 tmls, special as, assessments. wafet c~s and sew... MMee charoes 'e",kld .gainal or on lIOCount ot the Property, and wi paV when due aD claims for wQ(k donA on or for SeMces rMc:Iered Of malertal furnished to the Property. Gtantor shall mainlailJ the ~erty he of all Uene ha\llng I'rtCltly OYer or equal to Iha InIDrut of Lender under this Mortgage. except for the IJen at~ and assassm"nm 1'101 dlJi, Mi'llfextepl IS OthetwIse.providQd In the fcIIowing PIliQtlPh. Right To COIItMt. Granter may withheld payment of any tax, ASllQSSmlnt, or clllm In CDflnActton with a good faith chpule ClYIIr!he obligation to pay, &0 long as Lencler'lIlntere:stln Iht Property is notjeopardlud. If a liIin anse. or Is lied oi,S a mut of nonpayment, Granlar IhaII wtthIn fifteen (15) daysaftarthellcn arises or, if alien lsfllad, wlIhin afteen (15) clays Ifter Grantarhu ocllet oIthlllllng,slCure thadlsdtarga of the Iiln, aif reqlJesled by Lander, deposit 'Nith Lanclef cash or; sultcl8nt corporate IUttty bond or other lJeCUr1y ..~oty to Lender in an amount Sllfficient to dl:schargl the Iktn pIUs any cosl$ and attorneys' leis Of othQr charge:ll that CQt,!ld accrue as a resuft of a fotectosura or sale under tht 1Ian. In a"y contest, Granlof" shall d.fend Ibell and LDnder and shd latiafy any adll~ Judgment be'm enforcement as.rnst the Property. Grantor stwl ~e Lencler as an additional oblig.. under afly suraly bond tumlWd In It1a conlesl proceedlnQ$. E'oIlcSence of PGymenL Grantor Shall upon c1ern&M1 furnish to Lander saflsfactory tvid8na1l of payment of the tams or lISSessments and shaI authorim the IpproprialQ gowmmel'llal olftclal to dcllvw to Lendlilr at any time. wnltan sl3lement of tl'te taxes Ilttd asHSstneots against the Property. NQttc:e of ConsttUcllon. Gl:antor shall nOllry Llndllt at laut fifteen (16) days b.fore any WCl1t Is commoncad, any seMces are liJmIshed, or &11)' mattrtals .are supplied to lhe Propltrty, if any mechanic's rlen, materlalmetl't lien, or oIhet IIerI could be aIISGri9d on accounl Of the wor1c, SGI"IIces, or I'N.terials.. Grantor WIll upon raqUlSt cf ~nder fumilIh to Lender adVance assurances 51t1liraclolY to LandQ/" thai Grantor can afld wil pay the cost of such imprnvementa:. PROPERTY DAMAG~ INSURANt!!. The Icaowlng provlslonc t'Olaling 10 insuring tha PtoPlIrIy Iftl a part 01' this l.lorlQaoe. Maintenance 01 lMUrance. Gtantor sl'lall proctlltlllnd mairrtaln pOUciQs of In Insur&rlC8 with standard lI1\tended coverage endorumanlll on & rap~nt buls for tM, tvll insurable YallJ8 cowling alI1mprovemenb; on the Real Propertl'ln an amount sufticient 10 avoid application or any eclr'lGUl'aflCe c:laI.lM, and with a standsrQ mortgaGn oIaux in favor of Lllndet. PoIioi811 stlllll~ wrihn by such Insurance ocitnpana.. al\d In such form as may bl reasonably acceptable to landei'. Granlor .hall dllflver to Lender' oertIrlcala of covef1lge from MCh ll\Surw containi~ .. Sllpulatlon thai coV&ragll will not be ~r.ceU.d or diminished wfthoul a min.imum of len (10) dolys' prior wrfften notlc. ta LDnder and not car.tainlng any disclaimer 01 the ltisul'if"'$ liability for falIure to give lluch 1'101108. Each If'tSUranc:ll poll<:y also shall include an endOf'WlT\Qnl providing that coverage In favOl' of lIlnder wIll nol bll impaired In any way by any acI, omlselon or delwll of Grantor or any other pllf5On. ShOlAd thl Ra.al Pr9peft'J at any lime become 1cca1ed In an aru dNlgl'1.lad by 1t111 Director at thll ~8darOlI EtnlIt'g9tlCy Managamenl ""trlcy as a specialllood hazard lIfea. Grantor lQtHS to :lbtain al'1t.! m.a!nlaln Fadllf'al Aood lnsuranCa fOr the filn unpajl:S. pril'1c1pal balance of !he loan. lip to the mulmum policy limits $et \,lndllf the NatiorW FIo'ed Instlrat1Cfl Program. or., othwwise required by u~d8r, and to maintain such In,uraneo fer Iha term of the loan. Appllcdcn or Proceeds. Gramor ~..1 j):emp~v .niJUfy Lendsr o~ any IO$~ or d.ai:'l.=geto the Propert'J. l.al.dGr.!My make proof of loss it Grantor fails 10 do so wltnll1 fifteen (15) da'lS ollila CI$lJlI1ty. Whether or flot LendGr's secun"fy is Imp,~,l.8ndar may, al its alaollon, apply the procMcls to the Alduc:lfon of the IndGbtedness, payrnltll of any I.n affecting the Property, 01 the fS$tgl~t1on and rtlpair of the Property. If Landor elects 10 apply the ~. 10 restoration and rel>llt', Grantor shan repalt or teplace the damaged or dastroyod Improwmenb In a manner salisfactary to Lander. Lander _hall, upon sahfac:tory proof el such expendltUr., payor lllImburae Grantor frOm the prCC88d5 for the nmontb18 COlt of repair or restorllUon if Grantor is not In deFault hlIrIIunder. MY proceeds which haw not bean disl~ursad within 180 dal"$ alter II1t1ir receipt and wl"Jch Lander has not cornrnitIed to the ttpair or rutoral!on at the Proparty shall be used ht 10 pay any amount owing to L$l1dlll" UI'lder !his Mori;age. then to prepayaccruad Inlarest, and Ins l1Imaindlt", If any. shaD be appltd to the principal balal"C8 of thll Indebtedness. If Lender holds any proceeds after paymet'lt 11'\ l\JII of ItKa Indebledl'leSs. sucl't pr~ds shd be paid to GranlOl'. Ul't~red Insurance at Sale. Any unlXJlired imUf&l1Ce shan inUrG to thll beneftt of, and paM la, Ihll purchaser of tha PrOPllrty covered by this Mortgage al any lrusllll's salll at o~ Sall hlld under the provisions of this Mortgage, or It a"y fOl'8dosure sale at sucl't Proporty. TAX AND INSURANCE RESERVES. Upon request by Lender and lubjDOI to applcable taw, (ltantor shaD pay to Lender llen monlh on the rJay paymenlS are dlJ8 undlll the Nate un1ll1ll. Note is paid In rUl, a sum ("Escrow Funds; aqualll~ ona-tweltth 01 (a) aD annual taxIils, speclalllXos. uscmmenls, waI8r clwges and sewer Mr'\'IolI charges 1e\-1ed against or on accounl of the P"lp8I1y and (b) annual prvmlums foe policies 01 fiAI Insurance wrth at risks standard sc:ended CClwragl reqtir8d under this Mcclgage ('&croW ltams,. Lllndllt' may estimate the al'l\OlJl1l of Escrow Funds on 1M bull of current data and a ruaor'lallle IIlItimate of fUt\JrCl Eaaow ItGrns. All Esr;rgw FUl'ldt shlln bll held by Lender lI'\d applfgd to pay the Escrow Items when d\J8. Lend. Wll not charge lor hoIdng and appIytng the E$crow Funds, 'l'!&/y2ing tI'1l1 aocounl, Of Vetlfylng lha Esa'oW 1ten'lS, unless Lender pays Gl'iInlcr jnlarest on the Escrow FlIIldw and appncablelew permlb Lttlc!er 10 make IUCI'1 a Chargl. Grantor lUld tender may IO"eII In writing thai Inl8r8st shall be pllld on thg Esacw Funds. UnlaHan agreement i$ made or appllc:<tbIe law requk'eS Interaat to be paid, lender shan not be J'$qultad to pay Grantor any Il'lteraat or aamings on the Escrow Funds. The Escrow Fund. ani pledged as additionar GCCunly fOr the amounts MCurad by 1111$ Mortgage. If tho amount ollhe Escrow Funds hllld by lClndClr, together with th8 ft~ur' montl'lly paym.nts of Escrow Funds pdor to lMl dUll da.les 01 the Escrow ltams, Sf1AI exceed the amotJnt requfrGd 10 pay the Escrow ItllolTll whan due, Itto excess theU bo, at Granier's opllon, elth8r pJl:lmplly rwpaid 10 GranIC( Of credited to Grantor 111 scheduled pll.l'm.nts of E5etow Furn:lJL.. It tt!l; alnf?unt.Ollh, Escrow Fun<1ll hetd by laru:l8l" Is not Ar.t\v1 ".{OQ I.A....,. ':lOA SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01133 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ORRSTOWN BANK VS CHAMBERS LUTHER W JR UNKNOWN H R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CHAMBERS LUTHER W JR DECEASED UNKNOWN HEIRS SUCCESSORS ET AL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , CHAMBERS LUTHER W JR DECEASED UNKNOWN HEIRS SUCCESSORS ET AL, 2 WEST SECOND STREET NEWBURG, PA 17240 2 WEST SECOND STREET NEWBURG, PA IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.11 5.00 10.00 .00 46.11 So answers: /--7 .. /7....,-. >" fr~~- R. Thomas Kl hie Sheriff ofCu~Jerland County OBRIEN BARIC SCHERER 03/22/2004 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - REGlJLAR CASE NO: 2004-01133 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS CHAMBERS LUTHER W JR UNKNOWN H VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE wa.s served upon CHAMBERS LUTHER W JR DECEASED UNKNOWN HEIRS SUCCESSORS ET AL the DEFENDANT , at 1355:00 HOURS, on the 19t,h day of March , 2004 at 2 WEST SECOND STREET NEWBURG, PA 17240 by handing to PROPERTY POSTED AT 2 W SECOND STREET NEWBURG, PA 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 posting Affidavi t Surcharge So Answers: 6.00 6.00 .00 10.00 .00 22.00 ...........:::;,p-//..~;;.f~r.~v _ ," ,/" 1f/;:;/? ~ Q!! ","''''''''''~''''- /' ,-~~ 7 ........ .;", .....~ R. Thomas Kline me this day of 03/22/2004 OBRIEN BARIC SCHERER By:t!t- V~-- , Deputy Sheriff Sworn and Subscribed to before A.b. Prothonotary () C -:;0 ~;t; -- <).J i r~ .< >.~~-i ~~ -< ) . '" = "'" .r- x- V ;;v N u.:> V =, ~ ~ or"'!'] nl;= :8? ~Q. :;)-+1 ~:?C5 om --, 55 -< 0"\ APR 3 0 2004 ( o ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE ORDER OF COURT AND now, this -d day of M71 , 2004 based upon the Motion of Plaintiff for Order of Special Service it is hereby Ordered that Plaintiff shall make service of the Mortgage Foreclosure Complaint by publication upon the Defend~ts in accordance with J. Pa.R.C.P. 430(b)(1). fu"I'i-~t;oI)' $4.,1/ t. ~C(::, (.., ilrl e ~~""'ltp{2l} I ~,1' , , f fO ce.f ~~ ''.Je. .::. II'C v .?t, flI) .., '2J)Ci- QJ) c. ~ (<) 2.. '"' (1'--' " :> 0 Cv--J, 0 12J'>..I. ~o.....n t; . BY THE COURT, 'Pi ~ , '& ,\ D -< t ,^,,1\1" [<',\\ 1:\,.\ \1)\....;'\1/\',)-\...,\(...;,.. , \ ~I"('t\ p: ~,.,(.,..n~.{,\N.., {'I.J..l"\ l~~" .,' .'; \ {\ IV ~ 9\:Z\~d 9-k~I,l~UU~ r ~ J.,tNI.O\'-\O\-U.O'd:l 3\-\.\. :lO :1:,'.I4,O-G"'l-'I.1 _.,....i...... ,::J\~ ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE HY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaiint in Mortgage Foreclosure was made in accordance with the Court Order dated May 6, 2004 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b)!in Cumberland Countv Law Journal on Mav 28. 2004 and the Vallev Times Star on Mav 26. 2004. Proofs of the said publications are attached hereto. The undersigned understands that this statement is mad~: subject to the penalties of 18 Pa. C. S. Seoti" 49<>4 rel,tiog to ~ f"';fi""OO~~ 6 DAVID A. BARIC, ESQUIRE DATE: July~, 2004 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe 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 issu($ of the said Cumberland Law Journal on the following dates, Viz MAY 28, 2004 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 tru(:. SWORN TO AND SUBSCRIBED before me this 28 day of MAY. 2004 , L SEAL LOIS E. SNYDER, Notaly Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 ~. ~ AA)~ CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law \ b No. 2004-01133 ~r }J- ORRSTOWN BANK. Plaintiff. ~ v. UNKNOWN HEIRS. . SUCCESSORS. ASSIGNS AND ALL PERSONS. FIRMS OR ASSOCIATIONS CLAIMING RIGHT. TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS. JR. DECEASED, Defendants. MORTGAGE FORECLOSURE Nature of Action: Mortgage Fore- closure. claim for money loaned and owed pursuant to Mortgage and Note In the amount of $64.377.69. plus interest accrulng to the date of award at $13.80 per day from March 5. 2004. NOTICE If you wish to defend. you must enter a wrttten appearance person- ally or by attorney and file your de- fenses or objections tn writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further noUce for the reltef re- quested by the plaintiff. You may lose money or property or other rights Important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAW- YER. IF YOU CANNOT AFFORD TO HIRE A LAWYER 1H1S OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFlm LEGAL SERV- ICES 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 DAVID A. BAIllC. ESQUIRE O'BRlEN. BARIC & SCHERER Attorneys for Plaintiff 19 West South Street Carlisle, PA 17013 (717) 249-6873 May 28 5 Proof of Publication of Notice in THE VALLEY TIMES-STAR COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA O'Brien, Baric &: Scherer Erin F. Kissinger, being duly sworn according to law, deposes and says that she is the Office Manager of "The Valley Times-Star" which is a weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania. by Latrobe Printing and Publishing Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100), Shippensburg, Pennsylvania: that she is authorized to and does make this affidavit on its behalf: that the printed notice. advertisement of publication attached hereto is the same as was printed in the regular editions and issues of "The Valley Times-Star" on the following date(s): Mav 26 2004 Affiant further deposes that neither she nor "The Valley Times-Star" and The Latrobe Printing and Publishing Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit is true and correct. ~~ Sworn and subscribed before me this 1~{l, Day of ,2004 _Seal. K1istenLSlaller,~_ic _ Boro, _ County MyComtrOssion E>epims Fell, 13.2006 Member, """__tionOl_ dlw~d'-~L~ Notary Public To: "The Valley Times-Star" Shippensburg. P A 17257 For publishing the notice attached hereto: On the stated date(s)"............$ Affidavit ..........................$ Total..............................$ 77.63 2,00 79.63 Copy of Notice of Publication ORRSTOWN BANK, Plalnlltl, IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUKTY, PENNSYlVANIA V. ,." UNKNOWN HEIRS, SUCCESSORS. ASSIGNS:AND ALL PERSON, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, T1TLE OR INTERE:sr FROM OR UNDER LUTHI:R W. CHAMBERS, JR., DECEASED, oeten_ NO.~l133 CIVILACT1ON-LAW MORTGAGE FORECLOSURE ;.l \ Nature of Action: Mort~1ge. Foreclosure, claim of money loaned and owed pursuant to Mortiagl and Note In the amount of $64,3n.69, plus Interest accNlng to the date of award at $13.80 per day from March 5. 2004. . NOTlCE If you wish to defend, you must enter a wrttten appearance personally or by attorneY end file your defenses or objections In wrltlng with the Court. You are warned that If you falllG do 80 the case may procead without you and aludgmont may be ontarad again$! you without further notice for the relief requestad t~ the plalntlfl. You may i""" money or property or other IigIIS ~ to you. , , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANN01' AFFORD ONE. GO T!:i OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFACE C,IN 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 ,\ REDUCED FEE OR NO FEE. Cumberland Coonty Bar_ 32 SoulIl Bodfonl Street CIlIIIsIe, Pennsylvania 17013 T~:~I~~I66 DavId A. Beric. Esquire O'BrIon,Beric&ScIlerer 19 W8sl SouIh SIreet ea_,PAl7013 ~1~_73 Attomeyfor_ Adv. vrs May 2B.i., , .'~",.;' ..-\ -<. "-, ~ <- c::. ,-- \ N :r": Ll '-,"\ :? {I'll:: .~r~\:) '()r\...., -, ~~.- _.J;;'':'' ,",' en -:.. ), - r -.P '::.~ ORRSTOWN BANK, 77 East King Street Shippensburg, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 2 West Second Street Newburg, P A 17240, CIVIL ACTION-LAW MORTGAGE FORECLOSURE Defendants. ,-) "'-' c~ C':"::"> 0 C"_~.-:; " c- ...., c-:::.: .~' r.. ".) c,) :C-:'" . . r . ( ) -< 0; ., PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against UNKNOWN HEIRS. SUCCESSORS. ASSIGNS. AND ALL PERSONS. FIRMS. OR ASSOCIATIONS CLAIMING RIGHT. TITLE. OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS. JR.. DECEASED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 3/5/04 to 7/22/04 (per diem $13.80) TOTAL $64,377.69 $ 1,918.20 $66,295.89 I hereby certifY that the address of the Plaintiff is 77 East King Street, Shippensburg, Pennsylvania 17257 and the address of the Defendant(s) is 2 West Second Street, Newburg, Pennsylvania 17240. I lrereby ,""ify ili~ n"",, "'" ""en ",en in D;~ with R";1 ~"j" nori" provided is attached hereto. I:: .JfIttlA,vv ~ ~ ~ d. DAVID A. BARIC, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: :(3 (J /i 04 -~ . ,71.9 - <-<;1 r- / PRO~~OTAR tI ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE TO: LUTHER W. CHAMBERS 2 WEST SECOND STREET NEWBURG, PA 17240 DATE OF NOTICE: ., I' 2./ () i- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney a.lld file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17 (717) 249-3166 David A. Baric, Esquire Attorney for Plaintiff ".<> .{,<\... (.. t J0 0' --D eo. ~ ;..-'" -::r- *= D (.' " 0 f" -- e.j ---= ? V" '1- <..>~ L \::> ....c::, lJ-J <::><l (j0 ~ ......>;) ~ s:;. .., " , r II ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendant, Luther W. Chambers, Jr., is 2 West Second Street, Newburg, Cumberland County, Pennsylvania 17240 and that the Defendant is the owner of the mortgage property. BY: David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF SEPTEMBER, 2004. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Undsay. Notary Public Carlisle Boro, eumbef1and County My Commission Expires Nov. 29. 2007 Member, Pennsylvanta ASSOCIatIOn Of Notaries o ~d~ ~:.C" . < k~i~;: 0~:r'! Pc:':: ~~ ~ ""'" o '" = = .c- C/) r.,., v o ..,., =::I Fh ::D :-or;:; ;D? ,,:)C =?-:/ c:S:d >"'"C) cs'-n .;;;.---1 .'1:; -< I -.l -0 ::l\: ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDERPA.R.C.P. 3129.2 I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notice of Sale Under Pa. R.C.P. 3129.2 were mailed with certificate of mailing to the following on September 7, 2004: Orrstown Bank 77 East King Stret:t Shippensburg, P A 17257 Newburg Borough Rae Ann Sprecher-Frey 11 West Main Street P.O. Box 154 Newburg, PAl 7240 Cumberla:ad County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Chambersburg Hospital 112 North 7th Street Chambersburg, P A 17201 Sprint Telephone 213 West Laporte P.O. Box 190 plymouth, IN 46563 , James D. and Lisa A. Skiles c/o Jerry Weigle, Esquire 126 East King Street Shippensburg, Pennsylvania 17257 , RIEN, BA &~C~ , 1:1 a- BY: Sworn to and subscribed before me this 7th day of September, 2004. ~~~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Undsay. Notary Public Cariisle Born. Cumbe~and County My Commission Expires Nov. 29. 2007 Member. Pennsylvanm Association Of Notaries David A. Baric, Esquire \ (") ....., 0 = c co -n "'- .' :r' ""T) C UJ P'i -n ~r in F v .::~ urn I :n9 u> -J r.~(: Oe. I~J -0 ~~~ i1 :I: ~",() 25[11 _~_1 ,,::... )> --i ~ :.q -< C) . II ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE PURSUANT TO ACT 91 I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notices required pursuaat to Act 91 were mailed with certificate of mailing to the Defendant, Luther W. Chambers, Jr. onRffiN, B?;& #R l~ ;( ~ BY: David A. Baric, Esquire Sworn to aad subscribed before me this 7th day of September, 2004. COMMONWEALTH OF PENNSYLVANiA Notarial Seal Jennifer S. Undsay, Nota/}' Public Carlisle BOIl), Cumbef1and Coonly My Commission Expires Nov. 29. 2007 Member, PennsylvanIa ASSOCIatIOn Of Notanes. Z~ ~~. ;:::; <- ~~E~ , 35 -( () r-: :<~ ;:q~',:, ~:> ' .t:.- o ~ = ..... <:.0 Pl " I -4 o -,., ::;:1 ii-l:n :&g' ,--., ~ ~;-j -r! (5::d <'0 gm -< " ::t.,: u' \ ORRS'tOwN Bi\.NlZ, r\aintiff, OM.M.ON r1J3AS Of ~ 'tHB COOR't Of ? T>.1"''i rBNNS'iL \T i\.N1i\. C\lM.BBR1AND COut' t , \T. NO. 2004-0\ n'3 CN1L i\.C't10N-Li\. VV M.OR'tGi\.Q'E. fORBCLOS\lRB \JNlZNOwN HB1RS, S\lCCBSSORS, i\.SSlGNS i\.ND i\.LL rBRSONS, f1RM-S OR i\.SSOC1J\'t10NS CLAIM.~G RlGH't, 't11'LB OR ~'tBRBS't FROM. OR \JNDBR L\l'tHBR VV. CHAM.BBRS, JR., DBCBASBD, Defendants bfflDA \T11' r\lRS\lA1:rr-JO R\lLB '3 \291- C o.<id A. ...no, .",_ "",_ '''' _- -, .laintiff m "" """ ""o~ "" '0"" of"" "'" of"" .,""" f'" "" VI"<ofEX'''''ion .., fuoo "" folio- 'of",",,,,,on con-''''' ' ~. proP"'" " ",0" fuU, ,,,,,,bOd on .><hibi' "A" , _bod ""~o "'" _,,0",'00 h",in b, reference. 1. Name and address of owners or reputed owners: Luther VV. Chambers 2 VV est Second Street Newburg, P A 17240 2. Name and addresS of defendants in the judgment: Luther VV. Chambers 2 VV est Second Street Newburg, P A 17240 ~ II . ! (). ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Name and address of owners or reputed owners: Luther W. Chambers 2 West Second Street Newburg, PA 17240 2. Name and address of defendants in the judgment: Luther W. Chambers 2 West Second Street Newburg, PA 17240 II 3. Name and address of every jUdgment creditor whose jUdgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Stre:et Shippensburg, PA 17257 Newburg Borough Rae Ann Sprecher-Frey 11 West Main Str,eet P.O. Box 154 Newburg, PA 1724 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Chambers burg Hospital 112 North 7th Stretlt Chambers burg, P A 1720 I Sprint Telephone 213 West Laporte P.O. Box 190 Plymouth, IN 46563 James D. and Lisa A. Skiles c/o Jerry Weigle, Esquire 126 East King Street Shippensburg, Pennsylvania 17257 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, P A 17257 5. Name and address of every other person who has any record lien on the property: Newburg Borough Rae Ann Sprecher-FnlY II West Main Street P.O. Box 154 Newburg, P A 17240 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Chambers burg Hospital 112 North 7th Street Chambersburg, PA 17201 Sprint Telephone 213 West Laporte P.O. Box 190 Plymouth, IN 46563 II -I James D. and Lisa A. Skiles c/o Jerry Weigle, Esquire 126 East King Stre~:t Shippensburg, Pennsylvania 17257 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/A 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: N/ A I verifY that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn fal .. 7/7 jotl . Da{e David A. Baric, Esquire Attorney for Plaintiff II ..j " LEGAL DESCRIPTION ALL that certain lot of ground, with improvements located thereon, located in the Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by Second Street; on the East by an alley; on the South by lands now or formerly of Edward L. Highlands and Edith K. Highlands, his wife; and on the West by lot now or formerly of William Spencer. CONTAINING a frontage of 55 feet, more or less, on Second Street, and a depth of 119 feet, more or less, known on the General Plan of said Borough as Lot No. 79. BEING the same premises which Ronald Mehiel and Starr B. Mehiel, by Deed dated August 7, 1997 and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 803, granted and conveyed unto Luther W. Char[lbers and Catherine P. Chambers, Mortgagors herein. EXHIBIT "A" "> r.--=:-,) "'" .r0- t') '" -0 I " -0 ::;.: ~ :tl:n rnr.= "'PfTl :.tjo () 1.. -.-1<"; <~~. (?] F;? "---I '1. :J::1 -.;: - .J::- <::> :1 I i~ b, ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIAR.C.P.3129.2 I) The premises which is the subject of this action and Notice of Sale is located at 2 West Second Street, Newburg, Pennsylvania 17240 and describt:d as follows: ALL that certain lot of ground, with improvements located thereon, located in the Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by Second Street; on th,~ East by an alley; on the South by lands now or formerly of Edward L. Highlands and Edith K. Highlands, his wife; and on the West by lot now or formerly of William Spencer. CONTAINING a frontage of 55 feet, more or less, on Second Street, and a depth of 119 feet, more or less, known on the General Plan of said Borough as Lot No. 79. BEING the same premises which Ronald Mehiel and Starr B. Mehiel, by Deed dated August 7, 1997 and record,~d in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 803, grantt:d and conveyed unto Luther W. Chambers and Catherine P. Chambers, Mortgagors herein. ;[ 2) If you have any questions concerning this Noti(:e, you should contact your attorney. 3) The time and place of the Sheriff's Sale is December 8, 2004 at 9:00 a.m., in Carlisle, Pennsylvania. 4) The sale is being held on Judgment entered in Orrstown Bank v. Unknown Heirs. Successors. Assigns and All Persons. Firms or Associations Claiming Right. Title or Interest From or Under Luther W. Chambers. Jr.. Deceased, docketed to 2004-0113 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Luther W. Chambers. NOTICE OF SCHEDULINQ OF DISTRIBUTION 6) A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriff's Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, By~;;cm DATE: q /1/()t(- I I David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 ~] ~::; /' U; ~~ ";.: - ;;~ ~~~ 2.: =< "" = 5il ~ (J') rq -a I -J .~ I-n fnp l) rnc-, 66 ~:I~:t; ~i~ "',,,. ~j2 '"'1J :-i': ~ o LEGAL DESCRIPTION ALL that certain lot of ground, with improvements located thereon, located in the Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by Second Street; on the East by an alley; on the South by lands now or formerly of Edward L. Highlands and Edith K. Highlands, his wife; and on the West by lot now or formerly of William Spencer. CONTAINING a frontage of 55 feet, more or less, on Second Street, and a depth of 119 feet, more or less, known on the General Plan of said Borough as Lot No. 79. BEING the same premises which Ronald Mehiel and Starr B. Mehiel, by Deed dated August 7, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 803, granted and conveyed unto Luther W. Chambers and Catherine P. Chambers, Mortgagors herein. "' C) ~ c- "'" !i? 69/::; .... V:> 'j'! n7 " '" frj::tJ (/1 I,' I-- I -OfT.., r<" '.J :Or: , c:J "!,~~ ~--I-C.. .-:.-: I:- -r-< ~.,.. - " :J: ~~~i-3' -~'(: - ,.- 'I,ll ;-:-~ :::, --I -' ..J:.- .-.-" '""( ":Zl C.;) ,..,..' ORRSTOWN BANK, Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. NOTICE TO LIEN HOLDERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01133, CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Luther W. Chambers, Jr.. Orrstown Bank Newburg Borough Cumberland County Tax Claim Bureau Chambersburg Hospital Sprint Telephone James D. and Lisa A. Skiles 77 East King Street Shippensburg, P A 172:57 Rae Ann Sprecher-Frey 11 West Main Street P.O. Box 154 Newburg, PA 17240 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 112 North 7th Street Chambersburg, PAl no 1 213 West Laporte P.O. Box 190 Plymouth, IN 46563 c/o Jerry Weigle, Esquire 126 East King Street Shippensburg, Pennsylvania 17257 You are hereby notified that on December 8, 2004, at 9:00 A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or lnterest From or Under Luther W. Chambers, Jr., Deceased, No. 2004-01133, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Luther W. Chambers, Jr. known and numbered 2 West Second Street, Newburg, Cumberland County, Pennsylvania, with a parcel number 24..21-0390-044. A description of said real estate is hereto attached. You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to pro t your interest, if7X, any y eing notified of said Sheriffs Sale. (l DATE: '1 /1 / ~Lf '/:) , . t David A. Baric, Esquire LD. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGEFOF~CLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue a Writ of Execution in the above matter. Amount due: Interest from 7/23/2004 to 8/31/2004 (per diem of $13.80) Total $66,295.89 $ 538.2:0 BY: David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff !I I- I CERTIFICATE OF SERVICE I hereby certifY that on September 7,2004, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Luther W. Chambers, Jr. 2 West Second Street Newburg, A 17240 <Jt:tf David A. Baric, Esquire "<i'\ -l4 "'t- ~ ~\ 9' 01 """ .... .... 1)0 ~ <> tI' <.J\ "" su .c.. -- ft, ~ a. \l...:l .....1- ".s:;><!\ ~ ? VI =It:: 1i \ ? ",,- " VI 0 :::: <> o s- o 0 c 0 <.I) 0() r - --.::, V) -0 (=> .--<:>' "'" ';i:>- ~ -<> -- <;>... ~ - <; 0 ? '".bo ? p , \r -r- t. -r- -?- -C. '< --< -; ("> ~ " c.... Q c :?~ -'O~.:;i:; n"~! . :.~; ~i ~~::-. ~':!: ~;.C.: -: -,. ~ ,\ ):'"t;; ~;::j -c ,..., = ~ o ""Tf ~.." r11 F~ -0.9' :0 o ~iQ i'2.:;:-\'t :10 (51" =:-~ :-~J -.< (/) rr1 -0 I -' -0 Z :c- o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004..1133 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 2 WEST SECOND STREET, NEWBURG, PA 17240 (I) You are directed to levy upon the property of the defendant (s land to seU SEE LEGAL DISCRlPTlON (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 tbereof; (2) 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$66,295.89 L.L. $.50 Interest From 7/23/04 to 8/31/04 per diem of $13.80 $538.20 Atty's Corum % Due Prothy $1.00 Arty Paid $150.11 Other Costs Plaintiff Paid Date: September 7, 2004 CURTIS R. LONG Prothonotary, Civil Division By: L I?l! #Jd IfJ REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 West South Street Carlisle P A 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. #44853 T~E COPY FROM RECORD :::mooy ~'h8reof. I here unto set my hanII This ~ 011 said 1~rUsIe, ~ ?1l~~, iJ ~ ProthonotarY " u ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, ~ David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownbank/chambers/mailing.cer II li- Received From: O'Brim 1 Baric- d.- SV,f.K"if \q W€,st South StrtEt C.al"'lIslt-) Pf\ 11013> One piece of ordinary mail addressed to: OnstnulrI &inK 11 tast Kl~~ S1itcl \Snip{JffiSbu~ fA I1~S7 PS Form 3817. Mar. 1989 '" ("") C m ~ . ~""C ::tI Vl :::J: .-r-c. OCl-..J_:D C:-..JCVl_"'O z4-r;:::JO --l4Wrn (I) o. -< ... " ~ ~ '" m U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT _"'::::" ."5;;;~:;':':::hfYef ~~:~ \q WESt SoUfu Strevt ~~ ~~ ~r ~~~;~~~~~'d~n":~;1 .~~,~,~:'o \ r; .' f\)tu>burq f,oro~hC.'O Rae Ann Sprtd1e;'iI;jlif" ~~J-o~ '\.). ooc:J ~Cl-.J.....D fl'f.A\, 1\ WE.: malV\ Srrte.t ~c..c ~~~~::;~ Po. Box \64- ilC=:J ~ ~ ~ PS~~~~M~19~; P\+O PS Form 3817, Mar. 1989 'p, 'nd of Int II I' , , U,S. POSTAL SERVICE CERTIFICATE OF MAILING, ' MAYBE USED FOR DOMESTIC AND INTERNA TIONAl MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 0' Brim) 6arivot Scherf.(" \"1 Wtst- Sol.'tn Strw Ca r\ i 50 te.1 f'PI t10\3 One piece of ordinary mail addressed to: Cham\?ersbu I"q, \-\ospi-\n\ II~ NOr-l-t1l~ Strfvr ChavnbevsPIlJ, ffl n~ol PS Form 3817, Mar. 1989 ....~.... '" ':54lR ille:::) co- illl.C be:::) w VI n c; '" ~ . "" Vl 3 - --0. S2c-.J....:t> "':-'~~a;!i -f.wrn Vl ",. .... ... " " :P ii1 One piece of ordinary mail addressed to: -6fr'ml1tl€-phonEl (J-,I:, WtS-r ]..Jl~ortf, P.D. f>ox \"10 PS ~~~~:r~~ 4Iv5~~ ,T . '. "..... ";= (I) n c: gt;A- ~~ ~ en "',,"""" :3: --r-.". 00- '--J ~o-.J_-D WI ""'" z"'-Jocn-"'tl cr::=c -/' .wJ;;'='~ 0,-", ~ =0 -t W " i,l; '" II '" ~~ co- illl.C be:::) w VI n c: ~!lJ ~ in -r1:l' O-..,J-:x> -..Jocn_"'O -I' .w~CJ~ ",. .... ..fl. i! ~ '" , d ,f " n c;; r--.' ~.;' o ( .) I '_....- -<. eJ-" \ (-. . I ~ II ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R.C.P. 31129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Revised Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownbank/chambers/mailing.cer II U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil DOE$!' T PROVIDE FOR INSURANCE-POSTMASTER '; f .-- I ~)o Ii /; f \, f' A 'l 0 . _ // --..c~ -...,...::....--u, ("") c:: One piece of ordinary mail addressed to: fC\e.... An'l\ ~ ~ta__~.,,~ t-JeWOVCCl, Acx- CI..A..<\'r\ - ~recl'\er- ff~ ~~~~8~ \\ 'Nest ~ $~,Hd ~~ ... ~ ~ flo, 0,c-.. 6'-\ "' i\) v PS Form 3817, January 2 1 One piece of ordinary mail addressed 10: t)r(<:,iClu.)'" ~)(. II f Qst I('l"-j c:..-tru.:t_ Sr-.'9pt' f\SQUfS FA lidS, U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES N l' PROVIDE FOR INSURANCE POSTMASTER ~ PS Form 3817, January 2001 . -" U,S, POSTAL SERVICE CERTIFICATE OF MAl 5J' ". r b MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DO ~ ,. '""_ g: '\ I!:.R PROVIDE FOR INSURANCE-POSTMASTER . ~ !:I ! ~ ( I to; U R.co',,' From, , ~t 'J ~ a o '8,ne...... I Ro..f1C + ~(,J-.,e(e'" $,) 0 ,q west .\'ov..-th ~-\-(en' ~~ 'lAr \'S\-e. A ,01 .. ,.g~ One piece of ordinary mail addressed to: ~c::::::) CIll)\\Jp'1Uf\Ck eCU{\\\ 1 [(,'I. OIlyY\ (J,l.\ili::i..c C\lfY\l<1n,\Ol\(.\ ~(Am tu ~,((.l<-\h(a,S,c:... i~~ l,IL I CX\t' (tJ\ J...n..'l\Lu \f' <; %\A (j [ e- CbJ\ PA \10\ PS Form 3817, January 2001 en n c:: "' :D . 'j""C_i!l-cr ~A~V;~"'C z.-r-co -l .wrn U) o. -; .. -c :D :D '" '" II i U.S. POSTAL SERVICE One piece of ordinary mail addressed to: MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL PROVIDE FOR INSURANCE-POSTMASTER \~~~~~~h\)~~\-\~~~~~ c.,'NA-rNle(~ 'Du~ \JA 11 dO \ PS Form 3817, January 2001 MAY BE USED FOR DOMESTIC AND INTERNA llONAL M..)It: DO PROVIDE FOR INSURANCE POSTMASTER t U.S. POSTAL SERVICE CERTIFICATE OF,MAllllil'~ ~<~ .',- ! 'c=::'. 111-4 ':g>. .. ~ \ 1:) \ 1~ u " \\I;l::l " \ I! One piece of ordinary mail addressed 10: , .... '" " CO en" . :i",-(!1-c1fl O-....,J-~ C.b.cVl_-c z. ,-reo -4.l,oJlTI Vl o. -< ... -c " " '" en ~\ '-f\+- ,-e-\e OWDeJ d\':l, ,,\le.~'t lC'",\Xl< -'It'. ? O. {J-,O'1-. \ ~D {J\ C\}....-\-"". \ PS Form 3817, January 2001 U.S. POSTAL SERVICE " MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DO N PROVIDE FOR INSURANCE POSTMASTER . One piece of ordinary mail addressed to: gi;ft Cic::J e,. ::c..c ~)C::J " (/) n ~ ~rtl ~ (J'I :I: -r""C. O--...J-~ C:..b.cCI)_'"'C z. ,-roo -l.wm (I) o. -< ... -c " " '" en L' (j)' --< - r-'c ~'-- ;;>',- z, )>, o r.: ~~ - , .' -. ,...", (".~:? C~ .c- (/) [T1 ~.l] o -1'1 -I .,.. ih ~_'J n. C) (Jl -,,,,,," ~.:.~: G'O ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE PROOF OF PUBLICATION I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Revised Notice of Sale Under Pa.R.C.P. 3129.2 was published in The Valley Times Star newspaper and the Cumberland Law Journal as evidenced on the Proofs Of Publication attached hereto. Respectfully submitted, EN, BARICf SC~E .~ L_.. . David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pelmsylvania 17013 (717) 249-6873 Date: /~/'0f THE VALLEY TIMES-STAR Proof of Publication of Notice in COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYL VANIA O'Brien, Baric & Scherer Leslie R. Berrier, being duly sworn according to law, deposes and says that she is the Manager of "The Valley Times-Star" which is a weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100), Shippensburg, Pennsylvania; that she is authorized to and does make this affidavit on its behalf: that the printed notice, advertisement of publication attached hereto is the same as was printed in the regular editions and issues of "The Valley Times-Star" on the following date(s): September 15. 2004 Affiant further deposes that neither she nor "The Valley Times-Star" and The Latrobe Printing and Publishing Company have aay interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit is ~ZL~ Copy of Notice of Publication ORRsToWN BANK, Plaintiff, IN THE COURT OF crit.tMoN PlEAS CUMBERlAND COUHrY, PENNsnVI V. , .j-,~ --~ Notarial Seal Kristen L. Statler. NotaIy Public Bedford Bore. Bedford Coun1y My Com ission Expires Feb. 13,2006 i Association Of Notaries UNKNOWN HEIRS SUCCESSORS,ASSIIGNSAND: " AU. PERSoNs, FIRMS OR ' ASsOcIATIONS ClAIIMING , ' , RIGIfT, TTItE OR IHTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED ' l:lefeixtants. ' TO: UNKNOWN HEIRS, SUCCESSORs, ASSIGNS AND ALl PERSQNS, FIRMS Of ASSOciATIONS CLAIMING RIGIfT, TTItE OR INTEREST FROM OR UNDER LlITHER W. CHAMBERS, JR., DECEAsED . NO. 2004-01133 CIVIL ACTION-LAW MORTGAGE FORECI,()slJRE , '} S(\'W and SUb~~ore me this ~Day 0 '!"<- ,2004 NOTICE OF la. " UNDER PENNSVI VANIA R.C P. 3129.2 On the stated date(s).,............$ Affidavit ....................... ...$ Total..............................$ 121.50 2.00 123.50 1) The pl8m/ses whicl1ls ~ subject of this actlon and NoIlce of Sale rs locate< West Second Stleet, Ne'Atlurg, Pe~ 17240 and deserted.as foI1ows: All ~l certuin lot of grOund, with improvementa located 1heI8on, located in the BoIoiq! of Newburg, Cumbertand County, Pennsylvania, II10Rllutiy bounded and deacribed as foI~: BOUNDED 011 ~ North by Second S1I8et; CII ~ east by an 'li/t8y; CII ~ South by lands now or fonnerly of Edward L. HighlandS end Edith K. Highllllds, his WIfe; and CII ~ West by lot I1<Ni or tonnerly of William Spencer. ,. Notary Public To: 'The Valley Times-Star" Shippensburg, PA 17257 For publishing the notice attached hereto: CONTAINING a frontage of 55 feet, more or less, CII Second Street, and a depth of 119 feet, more or less, known CII ~ General , Plan of ~ BcilOugh as Lot No. 79. BEING ~ san18 p~ !YJ1khRonaJdr.tehlel andSlarre. . ':1 Mehlel,by llHd daledAtiguit 7, 1997 and recorded In.~ 0lIice .'., , i. of the Recoi1ier of. ~. (n.and for Cumberland Coimty,:,' {,i'7,;' 'I" Pennsylvania, In ~ /look 162, Page 803, granted andCOllVeyed'; '~. .' , unto Luther W. Charilberii and Ca~rine P. Chambelll, MOrtgagOlll hei8in;' , . 2) '" ~ have anY .questionS cOOcieinlng 1IIis NoIIce, yoU should cootac:I yoUr", , ,,' attorneY';'.;,;.., ;.1."" '{;'l"'~;"'):""" ",. ,.(:";, \lVlA')",~l.l1 u.Jlj',A~~Ov1.i (:glX'~"'\~;/",""'Ji""":\f''''':'-''')i':';' ~ ',., "<-,> '; 'i,;,;"",,,;>,;'.i+l", \"I.3,),~t-.timearidPiaCeolthe " 8~'rs~A 20048UO:OO' :tin' Carllilll'i58iI 'III' '18."" .' ' '.....",. o....;.~..-"""'-'-c:'7,7'''.~"'., ',', ':'''''>~l~ \~.;', ,~?:,t9~r:1'<'.:', . ':;7~~.:i .41.;~~~~~~<!l!/~"" .' -,'f; ,.,......:..., ";4.,j~; 'i'\~;;~'~Jf;i'" j'~,;';';%:~~~~ In'\: "",,'~,I .,)::~~ ","" '''''-.cJ' ,,,.,'"''It: ,;',:r'~:~ '}~:',;>:[:f:~ ":"-f' ,. ';:""',; " ,," AdY.. VTS Sept. 15 i;" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle, in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, sinCe: January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issUies of the said Cumberland Law Journal on the following dates, Viz SEPTEMBER 17, 2004 : Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that hI: is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Editor SWORN TO AND SUBSCRIBED before me this 17 day of -.m;PTEMBER . 2004 SEAL LOIS E. SNYDER, NOlary Public Carlisle Boro, Cumberland County My Commission Expil'es March 5, 2005 CUMBERLAND LAW JOURNAL MORTGAGE FORECLOSURE NOTICE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No. 2004-01133 ORRSTOWN BANK, Plaintiff. v, UNKNOWN HEIRS. SUCCESSORS. ASSIGNS AND ALL PERSONS. FIRMS OR ASSOCIATIONS CLAIMING RIGHT. TInE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS. JR.. DECEASED. Defendants MORTGAGE FORECLOSURE TO: UNKNOWN HEIRS. SUCCES- SORS. ASSIGNS AND ALL PER- SONS. FIRMS OR ASSOCIA- TIONS CLAIMING RIGHT. TInE OR INTEREST FROM OR UN- DER LUTHER W. CHAMBERS. JR.. DECEASED NOTICE OF SALE UNDER PENNSYLVANIA R.C,P, 3129.2 1) The premises which is the sub- Ject of this actJon and Notice of Sale is located at 2 West Second Street, Newburg, Pennsylvania 17240 and described as follows: ALL that certain lot of ground, with improvements located thereon. located in the Borough of Newburg, Cumberland County, Pennsylvania. more fully bounded and deSCribed as follows: BOUNDED on the North by Sec- ond Street; on the East by an alley; on the South by lands now or [or- merly of Edward L. Highlands and Edith K, Highlands. his Wife: and on the West by lot now or formerly of William Spencer. CONTAINING a frontage of 55 feet, more or less, on Second Street, and a depth 0 f 119 feet, more or less, known on the General Plan of said Borough as Lot No. 79. BE1NG the same prem1ses which Ronald Mehlel ;md Starr B. Mehlel. by Deed dated August 7. 1997 and recorded in the .office of the Record- er of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 803, granted and con. veyed unto Luther W. Chambers and Catherine p, Chambers. Mort- gagors herein. 2) If you have any questions con- cerning this Notice, you should con- tact your attom(~. 3) The time and place of the Sheriffs Sale is December 8, 2004 at 10:00 a.m., in Carlisle, Pennsyl- vanta. 4) The sale Is being held on Judg- ment entered in Orrstown Bank v, Unknown Heirs, Successors, Assigns and AU Persons, FInns or Associa- tions Claiming Right, ntle or lnter- est From or Under Luther W. Cham- bers. Jr., Deceased. docketed to 2004~0113 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed OWners are Luther W. Chambers. NOTICE OF SCHEDULING OF DISTRIBUTION 6) A schedule of distribution will be filed by the Sheriff on a date specified by the Shertff not later than thIrty (30) days after the Sheriffs Sale and distribution Will be made in accordance with the 4 CUMBERLAND LAW JOURNAL schedule unless exceptions are filed thereto within ten {lO} days there- after. DAlVD A. BARIC. ESgUIRE J.D. #44853 O'BRIEN. BARIC & SCHERER 19 West South Street Carlisle. PA 17013 (717) 249-6873 Sept. 17 5 ",:t:o ..--0 z;l ~,'; --..:. c:) n ---' ,.-' , , -'1"1 $:- C5 en CO ORRSTOWN BANK, 77 East King Street Shippensburg, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 2 West Second Street Newburg, P A 17240, CIVIL ACTION-LAW MORTGAGE FORECLOSURE Defendants. PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES NOW, comes Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Petition for Reassessment of Damages and, in support thereof, sets forth the following: 1. A complaint in mortgage foreclosure was filed on March 17, 2004. 2. An in rem judgment was entered on July 23,2004. 3. The mortgaged premises are listed for Sheriff's Sale on December 8, 2004. 4. Additional sums have been incurred or expended on behalf of the Defendants since the complaint was filed and Defendants have been given credit for any payments that have been made since the entry of judgment, if any. 5. The amount of damages should now read as follows: Principal Balance Interest to March 5, 2004 Interest from March 5, 2004 through December 8, 2004 Per Diem $13.80 Late Charges Legal Fees Costs of Suit Sheriff's Sale Costs Property InspectionlPerservation Insurance 57,544.22 3,453.35 1,904.40 502.81 2,877.21 529.09 1,500.00 561.63 622.00 TOTAL: 69,494.81 6. Under the terms of the mortgage, which is recordt:d in the Office of the Recorder of Deeds at Record Book 1399, Page 393, et. seq., all of which pages are incorporated herein by reference, Plaintiff is entitled to judgment in the amount as set fOlth in paragraph six herein against the Defendants. WHEREFORE, Plaintiff respectfully requests this Court issue an Order to the Prothonotary to reassess the damages as set forth above. Respectfully submitted, David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownbank/chambers/foreclosure/reassessmentofdamges. pet CERTIFICATE OF SERVICE I hereby certify that on October ().1 , 2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Plaintiff's Petition For Reassessment Of Damages, by first class U.S. mail, postage prepaid, to the address listed below, as follows: 2 West Second Street Newburg, Pennsylvania 17240 ((1 David A. Baric, Esquire D ORRSTOWN BANK, 77 East King Street Shippensburg, P A 17257, Plaintiff, OCT '- 0 ~ h f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01133 V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 2 West Second Street Newburg, PA 17240, CIVIL ACTION-LAW MORTGAGE FORECLOSURE Defendants. AND NOW, this ~(~ day of RULE DL.t , 2004, a Rule is entered upon Unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under Luther W. Chambers, Jr., deceased, Defendants to show cause why the attached Order For Reassessment Of Damages should not be entered. RULE RETURNABLE I 0 days from service. BY THE COURT, fl ~ ~\) ~O ~ ::>-. g{ '.c"":"..... _,;<1 uJ).'7.. c... C' U:,.,- IJ.-..~ Q'o be UJ.C ~t.~ u-.~ tJ- o o - 6\ ~ ..:X \ .~ ~ '-"" ~;s) A" '(:~?\:~ ?'"' ~ 'if, ~ . r .,'In - -",7 ':.\~ ~t~ .~'... ~) () OCT 2 7 1004 ..)c7 teat L l 1:)0 ORRSTOWN BANK, 77 East King Street Shippensburg, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01133 V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 2 West Second Street Newburg, P A 17240, Defendants. CIVIL ACTION-LA W MORTGAGE FORECLOSURE BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGE I. BACKGROUND OF CASE Plaintiff and Defendants entered into a Promissory Note and Mortgage Agreement, wherein Defendants agreed to pay Plaintiff principal, interest, lat(: charges, real estate taxes and hazard insurance premiums as said amounts became due. In turn, Plaintiff s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendants default, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendants failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendants were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgement was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGE:S The Pennsylvania Rules Of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to whieh Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. If Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. ][f the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exerc:ise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55,59, 142 A.2d 319, 321 (1958); Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super 1988). In Chase Home Mortgage, the Court stated where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move to the court to amend the judgment to add additional sums due by virtue of the mortgagor's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would! suffer irreparable harm in that it would not be able to recoup amounts it paid to protect its intere:st. Conversely, a reassessment of damages will not be detrimental to Defendants as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank, 445 Pa. 117,282 A.2d 335 (1971) that the debt owed on a mortgage changes and can be expected to change from day to day. Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enfofl:~ement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said exp'~nses become part of the mortgagee's lien and should be included in said judgment. III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition To Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage and in reliance on said instrumc~nt with the understanding that it would recover the money it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition To Reassess Damages. Respectfully submitted, David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownbanklchambers/foreclosure/reassessmentofdamages. brf CERTIFICATE OF SERVICE I hereby certify that on October ~1 ,2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Brief Of Law In Support Of Plaintiffs Motion To Reassess Damages, by first class U.S. mail, postage prepaid, to the address listed below, as follows: 2 West Second Street Newburg, Pennsylvania 17240 David A. Baric, Esquire ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants NO. 04-1133 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2004, a Rule is entered upon Unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under Luther W. Chambers, Jr., deceased, Defendants to show cause why the attached Order For Reassessment Of Damages should not be entered. RULE RETURNABLE 10 days from service. THE PRIOR Order of Court entered in this matter on October 3, 2004, is hereby vacated. BY THE COURT, vOavid A. Baric, Esq. 19 West South Street Carlisle, P A 17013 Attorney for Plaintiff , ~4 !{j/~ (~iA. JreSley olJJJf, J. >~ A .~ J I-I () -0 1 ~/:f' , "' <--:- '<r<~r;J /U>.Jr'J~' -. 8S : 11 :I'J 0 I tOJ ~COZ ;..ttt/1C~~',,::,:}; 3~1l ~o ::=!!~ ~.:c!- (]:rl!~ Anknown Heirs of Luther W. Chambers, Jr. Deceased 2 West Second Street Newburg, PA 17240 Defendants :rc II ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE MOTION TO MAKE RULE ABSOLUTE NOW, comes David A. Baric, Esquire, Attorney for Plaintiff, Orrstown Bank, and files the within Motion to Make Rule Absolute and, in support thereof, set forth the following: 1. On October 27, 2004, David A. Baric, Esquire filed Plaintiff s Petition For Reassessment Of Damages in the above matter. A true and correct copy of the Petition is attached hereto as Exhibit "A" and is incorporated. 2. The Honorable 1. Wesley Oler, Jr., issued a rule to show cause why the Petition should not be granted dated November 8, 2004. The rule was returnable ten (10) days from service. The Prothonotary mailed a copy of the Rule to defendants on November 10,2004. A true and correct copy of the rule is attached hereto as Exhibit "B" and is incorporated. 3. To the date hereof, no response has been filed by the Defendant to the rule to show cause. II \ WHEREFORE, David A. Baric, Esquire request that the Rule be made absolute and this Court enter the Order For Reassessment Of Damages in this matter. Respectfully submitted, David A. Baric, Esquire J.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbanklchambers/a bsolu te. mot ORRSTOWN BANK, 77 East King Street Shippensburg, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01133 V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 2 West Second Street Newburg, P A 17240, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE ORDER AND NOW, this day of . 2004, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest to March 5,2004 Interest from March 5, 2004 through December 8, 2004 Per Diem $13.80 Late Charges Legal Fees Costs of Suit Sheriffs Sale Costs Property InspectionlPerservation Insurance 57,544.22 3,453.35 1,904.40 502.81 2,877.21 529.09 1,500.00 561.63 622.00 TOTAL: 69,494.81 BY THE COURT, J. EXHIBIT "A" " . ,",.~_~......~,~J.~.; ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIA nONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHA1v1BERS, JR., DECEASED, Defendants NO. 04-1133 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of November, 2004, a Rule is entered upon Unknown heirs, successors, assigns and all persons, fmns or associations claiming right, title or interest from or under Luther W. Chambers, Jr., deceased, Defendants to show cause why the attached Order For Reassessment Of Damages should not be entered. . RULE RETURNABLE 10 days from service. THE PRIOR Order of Court entered in this matter on October 3, 2004, is hereby vacated. BY THE COURT, D<I-LlBI7 ,,~" I a74 (b( (fA. l-fesley Ole lr., l. TRUE COpy FROM RECORD In Testimonv whNef, I here unto set my ham~ , . \ an e sealofsai~ OlJrt at cerlisle, Pa. ~ T )0 ....1'00\1..,. .... ......... /....,.\ ''II \ . . ... .,. . .. ,'\ I"\~_..I.. ___..._~~ ' ~ D~id A. Baric, Esq. I /19 West South Street Carlisle, P A 17013 Attorney for Plaintiff II CERTIFICATE OF SERVICE I hereby certify that on Novemberd..5 ,2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the address listed below, as follows: 2 West Second Street Newburg, Pennsylvania 17240 David A. Baric, Esquire 0 r-..> c., 0 G c::> -n .;:_- .s:- -c) i-:r,:l ::e: ~ [11["," C> rnpl ~'"'~ -.~~"; ...c:: ::~ r'.~" N \J rn (0 ~. w :09 -' 9("'::) r-~ ....... _ :.1-,- ....::..-; r".. :r> .J- -t) C',. \.. ~ :l: r;: (') ~(J c:- ~-? c/o -7 sj ~ (..) ~IJ cu -< II f) V NOV 2 4 2004 ~ ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-01133 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE ORDER AND NOW, this z. '71-L day of f'J(JV, , 2004, upon consideration of the Motion to Make Rule Absolute the Order For Reassessment Of Damages is hereby made an Order of Court in the above-captioned matter and damages are hereby reassessed as follows in accordance with the Petition previously filed: Principal Balance Interest to March 5, 2004 Interest from March 5, 2004 through December 8, 2004 Per Diem $13.80 Late Charges Legal Fees Costs of Suit Sheriff s Sale Costs Property Inspection/Perservation Insurance 57,544.22 3,453.35 1,904.40 502.81 2,877 .21 529.09 1,500.00 561.63 622.00 TOTAL: 69,494.81 v:r'~~?\l/\Sj\Jt~':j(} f (f\',......--,- r'"' I' '-~. ~'-l~f^''l'"'''' /uJ ~j :{). f ~ "',l<>;' ::~~_")r~~ \~j 10 "c." lId (,;;) '(; n OS AON ~nOl AtJ'vlCX\Ot-U..OC:J 3;.11 jO 3Ci~:l:tC~~-03~;j <' . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: ()L// / 33 I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriff's Deed in which Doyle & Hwan Strouse is the grantee the same having been sold t said grantee on the 8th day ofDec A.D., 2004, under and by virtue of a writ Execution issued on t e 7th day of Sept, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 1133, at the suit ofOrrstown Bank against Luther W Chambers Jr heirs is duly recorded in S riff's Deed Book No. 267, Page 998. IN TESTIMONY WHEREOF, I have hereunto et my hand and seal of said office this 1'1 day of %Jo1tu.cJM , A.D20oi o d.{. Recor r of Deeds FI_ofOeeds,~CounIy,~ PA My Commission E>qlire8 the Firat Monclii). of J....2llOI Orrstown Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Unknown Heirs, Successors, Assigns and all Writ No. 2004-1133 Civil Term Persons, Firms or Associations Claiming Right, Title or Interest From or Under Luther W. Chambers, Jr., Deceased Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that October 08,2004 at 5:15 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Luther W. Chambers, Jr., Deceased located at 2 West Second Street, Newburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations Claiming Right Title or Interest From or Under Luther W. Chambers, Jr., Deceased, by regular mail to their last known address of2 West Second Street, Newbu g, P A 17240. This letter was mailed under the date of October 07, 2004 and returned to t e Sheriff's Office on October 12,2004 marked "Attempted, Not Known." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 8,2004 at 10:00 o'clock A.M. He sold the same fo the sum of$71,000.00 to Doyle Strouse. It being the highest bid and best price receive for the same, Doyle Strouse of 50 West Main Street, Newville, P A 17241, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $74,471.58. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge $30.00 1281.98 15.00 15.00 30.00 10.00 .50 1.00 29.60 15.00 20.00 # ORRSTOWN BANK, Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A A NO. 2004-01133 CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 (") C-:'": ..< r-~ c::> (.':;') .....- r,"; I C) -01-1 ..... ?~~ "'!J . ",-- ., \ --' .r-- I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information co cerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated here n by reference. I. Name and address of owners or reputed owners: Luther W. Chambers 2 West Second Street Newburg, PA 17240 2. Name and address of defendants in the judgment: Luther W. Chambers 2 West Second Street Newburg, PA 17240 '. . 3. Name and address of every judgmenlcreditor whose judgment is a record lien on e real property to be sold: Orrstown Bank 77 East King Street Shippensburg, P A 17257 Newburg Borough Rae Ann Sprecher-Frey II West Main Street P.O. Box 154 Newburg, PA 1724 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Chambersburg Hospital 112 North 7th Street Chambersburg, PA 17201 Sprint Telephone 213 West Laporte P.O. Box 190 Plymouth, IN 46563 James D. and Lisa A. Skiles c/o Jerry Weigle, Esquire 126 East King Street Shippensburg, Pennsylvania 17257 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 5. Name and address of every other person who has any record lien on the property: Newburg Borough Rae Ann Sprecher-Frey II West Main Street P.O. Box 154 Newburg, PA 17240 :1 II Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Chambersburg Hospital 112 North 7th Street Chambersburg, PA 17201 Sprint Telephone 213 West Laporte P.O. Box 190 Plymouth, IN 46563 James D. and Lisa A. Skiles c/o Jerry Weigle, Esquire 126 East King Street Shippensburg, Pennsylvania 17257 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: N/ A 7. Name and address of every other person of whom the plaintiff has knowledge who as any interest in the property which may be affected by the sale: N/A I verify that the statements made in this affidavit are true and correct to the b st of my knowledge or information and belief. I understand that false statements herein are made su gect to the '7/7 jor! . Dale David A. Baric, Esquire Attorney for Plaintiff penalties of 18 Pa. C.S. 4904 relating to unsworn fals' i' .. LEGAL DESCRIPTION ALL that certain lot of ground, with improvements located thereon, located in the Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follow: BOUNDED on the North by Second Street; on the East by an alley; on the South by lands ow or formerly of Edward 1. Highlands and Edith K. Highlands, his wife; and on the West by lot ow or formerly of William Spencer. CONTAINING a frontage of 55 feet, more or less, on Second Street, and a depth of 119 fe , more or less, known on the General Plan of said Borough as Lot No. 79. BEING the same premises which Ronald Mehiel and Starr B. Mehiel, by Deed dated Augu t 7, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 803, granted and conveyed unto Luther W. Chambe sand Catherine P. Chambers, Mortgagors herein. " \i ,! !j ! !I il II I " ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYL V IA V. NO. 2004-01133 ONKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 r2 ,:,: c) -( ..." C;;::! :i~ (.) i""-; 'J I -~ -ry ::;1: I) The premises which is the subject of this action and Notice of Sale is locate at 2 West Second Street, Newburg, Pennsylvania 17240 and described as follows: ALL that certain lot of ground, with improvements located thereon, located in the Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follows: BOUNDED on the North by Second Street; on the East by an alley; on the South by lands now or formerly of Edward 1. Highlands and Edith K. Highlands, his wife; and on the West by lot now or formerly of William Spencer. CONT AlNIN G a frontage of 55 feet, more or less, on Second Street, and a depth of 119 feet, more or less, known on the General Plan of said Borough as Lot No. 79. Ii it BEING the same premises which Ronald Mehiel and Starr B. Mehiel, by Deed dated August 7, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 162, Page 803, granted and conveyed unto Luther W. Chambers and Catherine P. Chambers, Mortgagors herein. , I! 'I , II ,I II 'I il WRIT OF EXECUTION and/or ATTACHMENT , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-1133 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER CHAMBERS, JR., DECEASED, 2 WEST SECOND STREET, NEWBURG, PA 17240 (1) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DISCRIPTION (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 fr m paying any debt to or for the account of the defendant (s) and from delivering any property of the defen ant (s) or otherwise disposing thereof; (2) 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 himlher that he/she has been added a a garnishee and is enjoined as above stated. Amount Due$66,295.89 L.L. $.50 Interest From 7/23/04 to 8/31/04 per diem of $13.80 $538.20 Atty's Comm % Due Prothy $1.00 Atty Paid $150.11 Plaintiff Paid Date: September 7, 2004 Other Costs CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: By: j}j~ 1/1;, #J.:J O~ I Name David A. Baric, Esq. Address: 19 West South Street Carlisle P A 17013 Attorney for: PLAINTIFF Telephone: 7I 7-249-6873 Supreme Court ID No. #44853 Real Estate Sale #51 On September 09, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Newburg Borough, Cumberland County, P A Known and numbered as 2 West Second St., Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 09, 2004 By: Joti,/:L.;1D Real Es;~~ e ,j Il'll 21" --'-' r',\' '...-) ;.. :"~" I ;U\ '.\;; .J ca ~ ~ ~ SCHEDULE OF DISTRIBUTION SALE NO. 51 Date Filed: January 07, 2005 Writ No. 2004-1133 Civil Term Orrstown Bank VS Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations Claimin Right, Title or Interest From or Under Luther W. Chambers, Jr., Deceased 2 West Second Street Newburg, PA 17240 Sale Date: Buyer: Bid Price: December 08, 2004 Doyle Strouse $71,000.00 Real Debt: Interest: Attorney Costs: $69,494.81 150.11 Total: $69,644.92 DISTRIBUTION: Receipts: Cash on account (09/09/04): Cash on account (12/08/04): Cash on account (12/27/04): $ 1,500.00 7,100.00 67,371.58 Total Receipts: $75,971.58 Disbursements: Sheriffs Costs $ 1,999.06 Legal Search 200.00 State Transfer Tax 994.80 Local Transfer Tax 994.80 Cumberland County Tax Claim Bureau 2,554.24 Rea Ann Sprecher-Frey, Local Tax Collector 224.92 Orrstown Bank 69,003.76 Total Disbursements: ($75,971.58) Balance for distribution: 0.00 So Answers: ~~~~ R. Thomas Kline Sheriff TITLE REPORT , . THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWIN ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACT Y EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 51 Held Wednesday, December 8, 2004 Date: December 8, 200 T AXES: Receipts for all taxes for the years 200 I to 2003 inclusive. Taxes for the curr t year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or se er. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded , 2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Ronald Mehiel and Starr B. Mehiel, husba d and wife, by deed dated August 7, 1997 and recorded August 13, 1997 in the Office of the Re order of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 162, Pag 803, granted and conveyed to Luther W. Chambers and Catherine P. Chambers, husband and wi e. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in ea and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Second Street and in the roadbed of an unnamed public alley. 6. Mortgage in the amount of $67,200.00 given by Luther W. Chambers and Cat erine P. Chambers to Orrstown Bank dated August 8, 1997 and recorded August 13 1997 in Mortgage Book 1399 Page 393. Complaint in mortgage foreclosure filed by Orrstown Bank as Plaintiff agains the unknown heirs, successors, assigns and all persons, firms or associations, clai ing right, title or interest from or under Luther W. Chambers, Jr., deceased. On M ch 17, 2004 in the Office of the Prothonotary of Cumberland County to File No. 200 -1133. Judgment in the amount of $66,295.89 entered July 23, 2004. Order reassessi g damages in the amount of $69,494.81 entered October 27,2004. 7. Delinquent real estate taxes turned over to the Cumberland County Tax Claim ureau in the amount of $1,377.06 as of the date of sale. 8. Judgment in the amount of $3,837.70 entered by Chambersburg Hospital as PI intiff against Catherine Chambers and Luther Chambers as Defendants on Septembe 4, 1998 to File No. 1998-5150. 9. Judgment in the amount of $3,786.82 entered by James D. Skiles and Lisa A. iles as Plaintiffs against Luther W. Chambers and Catherine P. Chambers as Defen ants in the Office of the Prothonotary on June II, 1998 to File No. 1998-3272. 10. Judgment in the amount of $2,105.16 entered by Sprint Telephone as Plaintiff ainst Catherine Chambers as Defendant in the Office of the Prothonotary on October 11, 1999 to File No. 1999-6211 II. Rights granted to Pennsylvania Electric Company by instrument recorded Feb 13,1959, in Miscellaneous Record Book 141, Page 237. 12. Satisfactory evidence to be produced as to the death of Catherine T. Chambers nd Luther W. Chambers. 13. Possible inheritance and estate taxes owed to the United States of America and Commonwealth of Pennsylvania arising from the suggested death of Catherine Chambers and Luther W. Chambers. 14. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 15. Real estate taxes accruing on and after January 1,2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been mad to determine support arrearages regarding House Bill 1412, Act 58 of 1997, no has any search been made for environmental liens in Federal District Court. ,-, " \ ~"~, ~J Robert G. Frey, Agent Note: This Title Report shall not be valid 0 10 109 until countersigned by an authorized signatory. REAL ESTATE SALE NO. 51 Writ No. 2004-1133 Civil Orrstown Bank vs. Unknown Heirs. Successors. Assigns and all Persons. Firms or Associations. Claiming Right, Title or Interest From or Under Luther W. Chambers. Jr.. Deceased Atty.: David Baric LEGAL DESCRIPTION ALL that certain lot of ground. with improvements located thereon. located in the Borough of Newburg. Cumberland County. Pennsylvania. more fully bounded and described as follows: BOUNDED on the North by Sec- ond Street; on the East by an alley: on the South by lands now or for- merly of Edward L. Highlands and Edith K. Highlands. his wife; and on the West by lot now or formerly of William Spencer. CONTAINING a frontage of 55 feet. more or less. on Second Street. and a depth of 119 feet. more or less. known on the General Plan of said Borough as Lot No. 79. BEING the same premises which Ronald Mehlel and Starr B. Mehie!. by Deed dated August 7. 1997 and recorded in the Office of the Record- er of Deeds in and for Cumberland County. Pennsylvania. in Deed Book 162. Page 803. granted and con- veyed unto Luther W. Chambers and Catherine P. Chambers. Mort- gagors herein. . ," ,. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Connnonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the aws of the Connnonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market S eet, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-Ne 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 M rch 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 p blished in their regular daily andlor Sundayl Metro editions which appeared on the 19th and 26th day(s) of Octo be and the 2nd day(s) of November 2004. 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 p blication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to v 'fy this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously assed and adopted severally by the stockholders and board of directors of the said Company and subsequently du recorded in the office for the Recording of Deeds in and for s . d County of Dauphin in Miscellaneous Boo "M", Volume 14, Page 317. AIL mAT CEKJ'AIN lot of grollllll. with improvemen1s 1ocat<d -. 1ocat<d in the Borough of Newborg. ComberIaod Couoty, Pennsylvan;" more folly bounded and _ as follows: BOUNDlill on the NordJ by Second S_: 00 the East by ..alley: 00 !be South by Iaodsoow or _Iy of EdwanI L IIigbIaods and Edilh K, Publisher's Receipt for Advertising Cost lIigbIaods,biswife;awIon!beWestbylotoow h fTh P . N dTh S d P . Nfl orfom:rlyofWtlliamSpe:nc:4: .5 er 0 e atnot- ews an e un ay atnot- ews, newspapers 0 genera CONTAINING a frontage of 55 feet, more or edge receipt of the aforesaid notice and publication costs and certifies that the sa less, OD Second Street. and a depth of 119 feet. 1UIlItll'lltss.kul:NmontlleGeni:ra\l'\anoisaid Borough as Lot No. 79. BEING the same premises wbieb lWoaId Mebiel awl Starr B. Mebiel, by Deed dated August 7. 1997 and IWll1led in the Office of !be Recorder of Deeds in and for ComberIaod County. Pennsyl. van;" in Deed Book 162. Page 803, gnnted aod conveyed 0010 Lutber W. ClIaJnbon and Calberine P. CbamI><R, M\lltgag<ln herein. PUBLICATION COpy S ALE #5 I REAL ESTATE SALE No. 51 Wrtl No. 2004-1133 CMlTenn ~.db)..n Bank Ve Unknown HeIrs, S.1CCe&sors, AssIgne 8J1d ell """"'ns, Firms or A880c18llon8, Cl8lmlnll Right, T1tIe or ..- F""" or-Under LutherW. ChIlrnbers, Jr., -- Atty: D8vId BarIc DESCRIP110N NOTARIAl SEAL v , Terry L. Russell, Notary , Oty of Harrisburg, Dauphin County My Commission Expires June Member,?ennsylvanlaAssoclaHonof olaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 232.51 e have By...................................................... ............. ORRSTOWN BANK, Plaintiff v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, Defendants J WESLEY OLER. JR, cJUDGE ONE COURTHOUSE SQUARE CARLISLE, PA 170 I 3 I'" , '1'( . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. 04-1133 CIVIL TERM nRT1PR np rnTmT .t=~d upon UI""'_.:- ,~.....;. ~--.- III .lO'04 '~ : 0 .31 PB",n. H3909S u. . PO TA Unknown Heirs of Luther W. Chambers, Jr. 2 West Sernnrl Str$et Newburc OA QJNSUFFICIENT ADDRESS ~ ' C ~TTEMPTED NDT KNDWN 0 DrHER o ND SUCH NUMBER! srREET S 0 NOT DELIVERABLE AS ADDRESSED - UNABLE rD FDRWARD . . . i 7240......:: \. -?Q\ '2-/':-'.1.::2.2':?, L! if HI ! I If" I II! I (/;! n i i Hi Jllllli 1,1,,11,/l/li L 11 i I II:. l