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HomeMy WebLinkAbout08-6527 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- (off rJ CIVIL TERM MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6 -52 " CIVIL TERM MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Jerry L. Gilbert, is an adult individual residing at 26 Chestnut Street, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant, Jody L. Gilbert, is an adult individual residing at 26 Chestnut Street, Newville, Cumberland County, Pennsylvania 17241. 4. By Deed dated March 26, 2004, the Hometown Development Corporation conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Jerry L. Gilbert and Jody L. Gilbert. This Deed was recorded in the Cumberland County Record Book 262, Page 1682, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 7, 9 and 11, South High Street, Newville, Cumberland County, Pennsylvania 17241. 5. On or about April 1, 2004, Jerry L. Gilbert and Jody L. Gilbert as Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A." This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds for Cumberland County on April 2, 2004, at Cumberland County Record Book 1859, Page 1957, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 6. A true and correct copy of the aforesaid Promissory Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 7. Defendants have defaulted under the terms and conditions of the Mortgage and Promissory Note by failing to make payment for the month of July, 2008, and every month thereafter. 8. Defendants are the present record owners of the premises described in Exhibit "A" and are the real owner of the premises. 9. No notice under Act 91 or Act 6 was required as the original principal balance of the loan was in excess of $50,000.00 and the property given as security was not the principal residence of the Debtors. 10 Under the terms of the Mortgage and Promissory Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Promissory Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note obligations shall become due and payable immediately at the declaration of 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 Promissory Note and Mortgage permit Plaintiff to recover its attorney fees and costs. 13. The following amounts are presently due on the said Mortgage and Promissory Note calculated to October 22, 2008: Principal interest to 10/22/08 (per diem of $10.39) Other Charges Late Charges Attorney fees (to sheriffs sale) $53,425.27 $ 1,483.52 $ 150.00 $ 200.00 $ 8.974.00 TOTAL: $64,232.79 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $64,232.79 plus interest thereafter at the contract per diem from October 22, 2008, and costs, attorney fees and expenses against Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, 5'RIEN, BARIC & SCHE c c David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/gilbert/complaint.pld The statements in the foregoing Complaint are based upon intimation which has been assembled by my attorney in this litigation. The language of the statements is not my own. 1 have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and § belief. I understand that Use statements herein are made subject to the penalties of 18 PLC. S. 4904 erelong to unswom falsifications to authorities. T ?? zo0g Linda K. Mowen Assistant Vice President Loan Workout & Collection Manager Orrstown Bank Dec,10. 2001 5:34PM Fraiikh n Real Estate Carlisle No.7430 P. 3/12 ` itGE?ttT R. ZIEGLER 4ti:;,(?RD<~(? OF DEED" Y,,?,t;.RLAND COUNTY " , Tax Parcel No.:27.?0.1,1SVWS ok . 1 9 THIS DEED MADE the ` day of / kbKCh ?e° BETWEEN HOMETOWN DEVELOPMENT CORPORATION, of 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, Grantor and JERRY L. GILBERT and JODY L.. GILBERT, husband and wife, of 26 Chestnut Street, Newville, Cumberland County, Pennsylvania, Grantees WITNESSETH, that in consideration of SEVENTY-FIVE THOUSAND and 001100 DOLLARS ($75,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, their heirs and assigns, TRACT N0.9.: ALL THAT CERTAIN lot of ground situate in the Borough of NewviNe, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building tine of Main street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Heim, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; theme along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Shaeffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the Place of BEGINNING. BEING Lot No. 1 of a Final Subdivision Plan for Margaret M. Shetron, et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Redevelopment Authority of the County of Cumberland by Deed dated September 11, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 239, Page 1083, granted and conveyed unto Hometown Development Corporation, Grantor herein. b0?io i? 68? EXHIBIT "A" Dec,10, 2001 5:34PM Franklin Real Estate Carlisle No,1430 P. 4/12 TRW NO.2: ALL THAT CERTAIN lot of ground situate in the Borough of NewvlUe, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern bulding line of Main street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Heim, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street BEING the same premises which the Redevelopment Authority of the County of Cumberland by Deed dated December 3, 2001 and recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Hook 249, Page 2150, granted and conveyed unto Hometown Development Corporation, Grantor herein. =1wod 3 Dec,10- 2007 5:34PM Franklhi Real Estate Carlisle No-7430 P. 5/12 AND the said Grantor does hereby warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written. ATTEST: HOMETOWN DEVELOPMENT CORPORATION BY- A Secretary Louis rtin, President <::y Chairman Commonwealth of pennsyivania ss County of Cumberland On this, the JjdaY of 2004, before nee, the undersigned officer, personally appeared Louis R. Martin, who acknowledged himself to be the President of Hometown Development Corporation. and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as President. IN wr MESS WHEREOF, I have hereunto set my hand and ^^'°"°' seal trpeeWSsot K&1e F %4Pk N*Wy P0* OaMN?kftGW6NI ndoft* 14001.1 Mlon EgkU mm i$ 20f t,P*WWAWt.Aff0d1dM0(?ee1flft I HEREBY CERTIFY that the precise address of the Grantees herein is: 26 Chestnut Street, Newville, Cumberland County, Penn,sykania. 99 9 9 9 9 9 Jim s Ki el U 41omey for Gi tees w•w7?W? ?? ?«•? any .Q ?.. 1 Certify this to be recorded ' y In Cumberland County PA ? Recorder of Deeds Via ? :rl W h? Ci ??+ it ? O ?pp r? ??. to a?•w?J P??C?'? V iaa.v s kh? P V C7 ig PROMISSORY NOTE p'f. ? - ta?+i Dfe? ?![e?RUriIY i.oen No ? ?+Cpu Aw?otltif oflf°• iRkt9f9 46d' . af14AT?K044. 'atED•t~ References In the shaded area are for Lender's use only and do not Emit the applicability of this document to any particular ban or item. Any item above containing ""'" has been omitted due to text limitations. Borrower: Jerry L. Gilbert ISBN: 175.40.5329) Lender: ORRSTOWN BANK Jody L. Gilbert ISSN: 2104{ 27781 STONEHEDGE OFFICE 28 Chesnut Street PO BOX 250 Newvn7a, PA 17241 SHIPPENSBURG, PA 17257 Principal Amount: $60,000.00 Date of Note: April 1, 2004 Maturity Date: April 1, 2024 PROMISE TO PAY. Jerry L. Gilbert and Jody L. Gilbert 1'Borrower') jointly end severally promise to pay to ORRSTOWN BANK i'LerMer"?, or order, in WmU money of the United States of America, the principal le wur I of Sixty Thousand & 00/100 Dollars ($60,000.001, together with interest on the unpaid principal balance from April 1, 2004, until paid in full. PAYMENT. Subject to airy payment changes resulting from changes In the Index. Borrower will pay this ban on demand. Payment in fug is due knmedtateiy upon Lender's dernend. If no demand is made, Borrower will pay this low in accordance wish the following pay, wit schedule; 40 morntlly consecutive principal and Interest payments in the MM amount of 4469.96 each, MgkatY E May 1, 2004, with Interest calculated an on unpaid principal bswntees at an W" Interest rata of 7.00096 per seu me and 190 morMhly consecutive principal and Interest payments in the k*W amount of $411.87 each, beginning May 1, 2009, with Interest calculated on the unpaid principal balances at an Inwr"t raw based on she Wag Sweet Mme (currently 4.000%), plus a margin of 1.000%, resulting in on Initial incest rem of 5.000%. Borrower's final payment will be due on April 1. 2024 and will be for all principal and accrued Interest not yid paid, together with any otter unpaik amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be sppil fist to any accrued unpaid Interest; Own to principal: than to any unpaid collection cots; and than to any late charges. The annual interest rate for thin Note Is computed an a 36644 bash; that Is, by applying the ratio of she annual Interest rate over a year of 360 days, multiplied by the outstanding prktoipal balance. 'it 11 d by the actual ntanber of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other piece as Lender may designaw in writing. VARIABLE B$TEREST RATE. For the first 60 payments, the interest rate on this Note will be 7.000%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an Independent Index which Is the Well Street Prime (the 'Index'). The Index Is not necessarily the lowest rate charged by Lender on its bona. If the Index becomes unavailable during the term of this ban, Lander may designate a substitute index after notice to Borrower. Lender will tell Burrower the current Index rata upon Borrower's request. The interest rate change will not occur more often than each day. Borrower undennends that Lander may make bans based on other rates as well. The Index currently is 4.000% per annum. The Interest rate or rat" to be applied to the unpaid principal balance of this Note will be the raft or rates set forth herein in the 'Payment' section. Notwithstanding any other provision of this Note, after she first payment steam, the Merest rate for each subsequent paymalt atrean will be affective as of the last payment date of the just-erdng payment stream. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever Increases occur in the Interest rate, Lander, at Its option, may do one or more of the following: (A) increase Borrower's payments to ensue Borrower's loan will pay off by its original final maturity date, (8) Increase Borrower's payments to cover accruing Interest, (Cl Increase the number of Borrower's payments, and (D) continue Borrower's payments at the some amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all ban fees and other prepaid finance charges are earned fully as of the rate of the loan and will not be subject to refund upon early payment (whether voluntary or as s result of default), except as otherwise required by law. Upon prepayment of We Note, Landes is entitled to the following prepayment penalty: Should Borrower prepay all or ray smoant of principal during the next 11ve (5) yes, she Borrower shall be assessed against she amount prepaid. a five person (5.00%) prepayment penalty. The eses"Mad percentage shod decrees one percent (1.00%) par annum to per. Leda acknowledges that excepted from this assess as will be principal payments that are generated as a result of operation of the business for whlah the ben was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other fin nelel institution. Except for the foregoing. Borrower may pay ell or a portion of the amount owed ego then is due. Early payments will not. unless agreed to by Lerida in writing, relieve Borrower or Bwrowa's obligation to continue to make payments under the payment schedule. Renter, they will reduce she principal balance due and may result In Borrower making fewer payments.. Except for the foregoing, Borrower may pay all or a portion of the amount owed eager then It Is due. Early payments will not, unless agreed to by Lander in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrower's making fewer payments. Borrower agrees not to send Lander payments marked 'paid In full", 'without recourse", or similar language. If Brower sends such a payment. Lander may accept it without losing any of Lander's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. AN written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes 'payment In full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 18 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00. whichever is greeter. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 4.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment Is entered In connection with this Note, interest will continue to accrue on this Note aher judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ('Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of EXHIBIT "B" PROMISSORY NOTE (Continued) Page 2 creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of forecktsure or forfeiture proceedings, whether by judicial proceeding, sslf•heip, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of arty of Borrower's accounts, Including deposit accounts, with Lender. However. this Event of Default shell not apply if there is a good faith dispute by Borrower a to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and it Borrower gives Lender written notice of the creditor or forfeiture proceeding and depoalts with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting GumaMOr. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation parry of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes itcorn atent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shell not be required to, permit the guarantor's estate to assume unconditionally the ooligetkau arising under the guaranty in a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is Impaired. Insecurity. Lender in good faith believes itself Insecure. Cure Provisions. If arty default, other then a default In payment is curable and if Borrower has not been given a notice of a breach of the same provialm of this Note within the preceding twelve (12) months, it may be axed land no event of default will have occurred) if Borrower, after recehdng written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or 121 if the cure requires more than fifteen 0 S) days, immediately initiates steps which Lender deems in Lender's sole discasidon to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lander may hire or pay someone eke to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This Includes, subject to any Omits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, incluolrg attorneys' tees, expenses for bankruptcy procesdktgs (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law. Borrower also will pay any court costs. In addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby wave the right to any jury trial In any action, proceeding, or counterclaim brought by akhor Lander or Borrower against the other. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This lnchdas all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by low. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is sat forth In the Mortgage and in the Agreement to Provide Insurance, ell the terms and conditions of which are hereby Incorporated and made a pan of this Note. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitmed Letter to the Borrower, on an annual bads. H the Lender doss not receive the required financed information within two hundred seventy 12701 days of the Borrower's fiscal year end, the Lender has the right to increase the Interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged on this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall Inure to the benefit of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AOENCIES. Please notify us If we report any Inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific Inaeeuracy(lesl should be sent to us at the following address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. This Note is payable on demand. The Inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to doctors payment of this Note on its demand. Lander may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower le) make one or more additional secured or unsecured bens or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, bwkrdirg increases and decrease& of the rate of Interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of safe thereof, including without limitation, any norHudicial sale permitted by the terms of the controlling security agreements, as Lefler in its discretion may determine; (a) release, substitute, agree not to sue, or deal with arty one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose: and It) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shelf be released from Nobility. All such parties agree that Lender may renew or extend (repeatedly end for any length of time) this loan or release any pony or guarantor or collateral; or Impair, fail to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lander may modify this loan without the consent of or notice to anyone other than the party with wham the modification is made. The obligations under this Note are joint end several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Now. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME PROMISSORY NOTE (Continued) Page 3 FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 0.0'161 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (0500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR $O DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIONROG THIS NOTE. EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: L (Seal) R- X ?49cl/ 1114 (Seel) , MO'-'.-1 01..1 . --Mme,. iw?, r MI. aO, b?Mww- M eKIM .x m n - M, - -it ?I ROBERT P. ZIEGLER ? ;:CO RDER OF DEEDS RECORDATION REQUESTED 8Y: ORRSTOWN , 1 .?RLAf;L COUNTY ' ' BANK STODEiEDGE OFFICE PCbox 250 SH PM MWR -; , x :N R°R 2 RM 9 4 9 G, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK P.O. BOX 250 SHIPPENSWRG, PA 17257 MORTGAGE THIS MORTGAGE dated April 1, 2004, Is made and executed between Jerry L. Gilbert and Jody L. Gilbert, whose address Is 26 Chestnut Street, NewvWe, PA 17241 trehrred to below as 'Grantof') and OiMtSTOWN BANK, who" address Is PO BOX 250, SHIPPENSBURG, PA 17257 (referred to below ere 'Lender-). GRANT OF MORTGAGE. For valuabN consideration, Grantor grants. bargains, soft, conveys, nelpne. transfers. releases. confirms and rnortgepes te Larder all of OrwKw's tight. title, and' ktarest in end to the tollowkg described red property, tsgsyur with all existing or subeagtsndy weated or of xed buildings. Improvements and fixt r", ell streets. lams. alleys, passages. and ways; all asewnwo. tights of way, all 11bertles, priNlegas. tenements. horaditemems, and sppu ransmas dwou w belonging or anywye made appurtenant hNse ter, and the reversions and remainders with respect thereto; ah water, water rights, waterootaess and ditch rights 0nckrdlg Mock in uaM" with alit or r Irrigation rigation rights); and all other rights, royalties, and profits reled ne to the red property, kdkg without atdtadon ON mi oiPannall.Vgasa. geothermal and similar matters. (the 'Rail Property') located In Cumberland Comfy. Comrnonwedth See Attached The Real Property or Its address is commonly known as 9 South High Street, Nwaville, PA 17241. CROSS-COLLATEMILWATWN. In addhkm to the Note. this Mortgage secures ail obligations. debts and NabNdes. plus Imarest thereon, of Grantor to Larder, or any one or more of them, as wall as all clekna by Lander against Grantor or any one or more of them. whether now existing or hereafter aridrg. whether related or unrelated to the purpose of the Now, whether vokw" or otherwise. whether due or not due, direct or kndrect, determined or undetermined, absolute or contingent, Nqukh tad or unktuddeted whether Grantor may be liable individually or joimN with others. whether obligated as guarantor. surety, aesontnodatbn pasty or otherwise, and whether recovery upon such ammm may be or hereafter may become barred by any statute of limitation, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right tide, and Interest In and to all preeant and future kisses of the Property and an Rams from the Property. In addition, Grantor grants to Lender a Uniform Commerdd Code security Interest in the Personal Property rid Rants. THIS MORTGAGE. WOLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY MITEIEST IN THE R&M AM PERSONAL PRGFERT . IS GIVBI TO SECURE (Al PAYMENT OF THE EIDEBTRONM AND III PWOVM ANCE OF ANY AND ALL OBLIGATtO$M UNDER THE NOTE N THE OMGK44L PRINCIPAL AMOUNT OF $60.000.00. THE RELATED DOCUMpITS. AND THIS MORTGAGE. THIS MORTGAGE IB GIVEN ADD ACCEPTED ON THE FOLLOWING TERMS: PAYMM ADD PERFORMANCE. Except u otherwise provided In this Mortgage, Grantor shah pay to Lender d amounts secured by this Mortgage as they become due and shah strictly perform all of Grantor's obligations under No Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agreae that Grantor's possession and use of the Property shah be govamed by the following provisions: Possession s d Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property: (2) ups. operate or menage the Property; and (3) collect the Rants from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform a0 repair, replacements, and maintenance necessary to preserve Its value. Compaanse With Envtae sw" Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation. manufacture. storage, treatment. disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, is) any broach or violation of any Envkonmental Laws. (b) any use. gsnsretion, manufacture. storage. treatment. disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prim owners or occupents of the Property. or lei any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except is previously disclosed to and acknowledged by Lender in writing, td naither Grantor nor any tenant. contractor, agent or other audorissd user of the Property shelf we, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, abort or from the property; and (b) any such activity shelf be conducted in compliance with d applic" federal. Mae. and local laws. regulations and ordinances. Including without limitation all Envirovnentaf Laws. Grantor suthorbes Lender and its agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may dsem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes a* and shah not be construed to create any responsibility or liability on the pan of Lender to Grantor or to any other person. The representations and wwrentfes contained herein are based on Grantor's due diligence M Investigating the Property for Ha-doua Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Grantor becomes habis for cleanup or other costs under any such laws: and (2) agrees to Indemnify and hold hermbse Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breech of thle section of the Mortgage or as a consequence of any use, generation. manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership at Interest In the Property. whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage. Including the obligation to indemnify. shah survive the payment of the indebtedness and the satisfaction and reconveyance of the Den of this Mortgage and ahail not be affected by Lender's acglrfahbn of any interest In the Property, whether by foreclosure or otherwise. Nuisance. Waste. Grantor shah not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property, whheut limiting the generality of the foregoing. Grantor whl not remove, or grant to any other parry the right to remove, any timber, minerals (including oil and pea). coal, day, scode, sail, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shah not demolish or remove any Improvements from the Real Property without Lenders prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such improvements with Improvements of at Nast equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable tines to attend to Landers interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Gowmmentd Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the EXHIBIT "Cl, BK 1859PG 1957 MORTGAGE (Continued) Paps 2 Americans With O"WNUes Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold complionce during any proceeding. Including appropriate appeals, so long so Grantor has notified Larder In w s as, In Landoes sole opinion. Lender's Interests In the Property are not jeopardized. Lender nay prior to a doing oo ad se long security or a surety bond. reasonably satisfactory to Lender, to protect Landw's Interest. require Grantor to poet adequate ant to Piano. Grantor agrees neither to abandon or leave unattended the Property. Grantor shelf do all other acts. it addition to those acts set forth above in this section. which from the character and use of the property are reasonably necessary a protect and preserve the Property. TAXES AND LENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shag pay when due (and in ag events prier to dagrhquaney) elf axes, payroll taxes, nanguntsu. w ater charges and sewer service charges levied against or on account of the Property, and shall pay w tipedahen ne all gaI a for work endere priority over or serv done on or for ual to of under this rtgage. for ices tten Pitted o material fusnished ant a Property' Grantor shelf maintain the Property free of any gone having and except for the lion of taxes and assessments not due as funhorrpexcept eclfled in t the he R lees pad to In writing by Landes, bpht to Contest Paragraph. Right to Comm. Grantor may wh hhdd payment of any ax. sssesemenL or cWM In thotutaction with a good faith dlepua over the obligation to pay, so long as Lader's Interest in the Property Is not Jeopardized. If a lien whiss or Is filed as a rseuft of notparnem, Grantor shall within fifteen 1151 days afar the inn arises or, if a Ilan Is filed, within fifteen 1151 days afar Grannor has notice of do filing. secure the discharge of the Ion. or If requested by Larder. deposit with Lacer cash or • sufficient eorporaa surety bond or ther security satisfactory to Lender in an amount sufficiant to discharge the lion pus any coats and atamays' fees. or odor charges that could accrue an a result of a foreclosure or sale under the Nan. In any contest. Grantor shall defend Itself and Lender and shag satisfy any adverse judgment before enforcement against the Property. Grantor shag name Larder as an additional surety bond furnished In the contest proceedings. obpgee undo any Evklsnoe of Payment. Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes or esseasnams and shell authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and anessmems against the Property. N-9, of Censtruedon. Grantor shag notify Lender at Nast fifteen 115) days before any work Is commenced, any services are furnished. or any materials are suppled to Me Property. If any mechanic's lien, matedalmon's Pon, or other Non could be asserted on account of the work. services. Or materials. Grantor will upon request of Lender hrmish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cwt of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions rotating to insuring to Property we a part of dhle Mortgage: Maintenance of lneurenae. Grantor shag procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement bes4 for to full Isursble value covering all improvements on the Real Property In an omouam sufficient to oveld application of any coinsurance clause. and with a standard morgNse clause In favor of Lender. Grantor shag also procure and maintain comprehavelve general NoWNty insurance in such coverage amounts as Lender may request with Lender being nomad as additional Insureds In such Nobilty Insurance policies. Additionally. Oro am shell maintain such other Inausanes. inclelang but not limbed to hazard. business Interruption and bolter Insurance as Lender may require. Policies shelf be written by such Insurance companies and in such form as may be reasonably acceptable to Lads. Grantor shell deliver to Lander certifleaee of coverage from each Insurer containing a stipulation that coverage wall not be cancelled or dimtrNahed without a minimum of ten (101 dove' prior written nodoe to Lender and not containing env dlstdaknor of the InsurVe Namft for fakire to give such notice. Each Insurance policy also shall Include an endorsement providing that coverage In favor of Lender will not be Impaired In any way by any scL omission or default of Grantor or any other parson. Should the Reel Property be loco od In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Rood Insurance, It evadable, within 45 days after notice Is given by Lender that the Property Is located in a special flood hazard woo, for the full unpaid principal balance of the ban and any prior gone on the property securing the ben, up to to maximum under the National Flood Insurance Program, or as otherwise required by Under, and to maintain such insurance for the arm oofj the loan. Application of Proceeds. Grantor shall promptly noddy Larder of any lose or damage to the Property. Lender may make proof of ion if Grantor fob to do so within fifteen (15) days of the casualty. Whetter or not Lender's security Is Impaired. Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness. payment of any lion affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair. Grantor shag repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lander. Lander shag. upon satisfactory proof of such experdlte, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Gr antor is not In default under this Mortgage. Any proceeds which haw no been disbursed within 180 days after their receipt and which Lander under M erhas not committed to the repair or restoration of the Property shot be used first to pay any amount owing to Lander Indebtedness. tIf err holds any proceeds anti payment tiin full of the Indebtedness, such pNed the principal balance the Grantor's Interests may appear. proceeds shah be paid to Grantor as LENDER'S EXPENDITURES. If any action or proceeding Is commented that would materially affect Lender's Interest In the Property or If Grantor fails to comply with any provision of this Mortgage or any Related Documents. including discharge or pay when due any amounts Grantor Is required to discharge or pay under isle Mortgage or but n any not limited Related to Documents, failure an Grantor's behalf may (but shag not be obligated to) take any action that Lender deems icd to Lender ce to discharging or paying of tam, liens, security Interests. encumbrances and other dolma, at any time levied or placed on the Propeying all cats for Inuring, maintaining and preserving the Property. AN such expenditures Incurred at paid by Larder for such caa sty te oo and pa will ton bear interest at an rate charged under the Note from the date Incurred or paid by Lender to the date of re r. AN aeuc expenses will become a part of the Indebtedness and, at Lender's option, will (A) be able on (9) be added to the la of the Note and be apportioned among and be payable with any installment payments to become ddue during either (1the term of any applicable Insurance pokey: or (2) the remaining term of the Note; or ICI be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage Woo WIN secure payment of Own amounts. Such right shag be In addition to all other rights and remedies to which Lander may be entitled upon Default. Grantor's obligation to Lander for all such expenses shall survive the entry of cry mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a pat of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable tide of record to the Property In too simple, free and dear of all liens and encumbrances other than those sat forth In to Real Property description or in any tide Insureoe policy, title n title opinion Issued in favor of, and accepted by, Lender In connection with this Mortgage, and (b) Grantor has the fury ri ht, or final and authority to execute and deliver this Mortgage to Lender. g Power, Delon" of This. Subject to the exception in the paragraph above. Grantor warrants and will forever del" the title to the against the lawful claims of elf persons. In the event any action or proceeding Is commenced that questions Grantor's title or interest of Lender under this Mortgage, Grantor shag defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but ).ender shell be entitled to participate In the proceeding and to be represented in the proceeding by counsel of Lender's own deice, and Grantor WIN deliver, or cause to be delivered, to Lender such Instruments as Lander may request from time to tlna to permit such participation. Compliance Wish Laws. Grantor warrants that the Property and Grantor's the of the Property compiles with ON existing applicable laws, ordinances, and regulations of governments! authorities. Survival of Representations and Warranties. AN representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shag be continuing in nature, and shall remain In full force and effect until such time as Grantor's Indebtedness shall be paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: BH 1859FG 1958 MORTGAGE (Continued) Ptlp? 3 Pr« e• If w+ be in condemnation is filed Grantor take each slaps as may may be . shall prempgy notify Lander In writing, and Grantor shoo promptly but Lender shelf necessary to defend the action and obtain the award. Grantor may be the romlhal Party In such choprceba, amid onto will di be or ease ??te In tell PropadkV and to be represented in tell proceeding by oourrN of IV own Lender from tirna to time to delwred to Lender such Instruments and documentation as ma y to requested by 41111 Wnnit such participation. A Ptsceada. If all or env Part ifs Property 12 condemned by eminent dcmdn Proceedings or by any pnmxmdkq or purcha to the s lnd Or ON e In IOU Of sowdennnston, require that eo or all porton of the net repair or restoration of the Property. The net proceeds of the sward sholl WOC@Gft of award be applied mean the award }ter psymem of N actual test. expenses, and attorneys' to" incurred by Lender in connection with the cende entlon. IMPOSITION OF TAXES. FEES AND CHARON SY GOVERNMENTAL AUTHORITNS. The folowkg provisions nlatkg to governnent@I taxes, fees and cheep" are a part of this mortgage: Current To-% Pass arts Chors". Upon request by Lender, Grantor sham execute such documents In addition to " Mortgage and take whatever other action is requaaad by Lender to perfect and continue Lender's lien on the Reel Pr Lender for all taxes. as described below, together with all expenses Incurred in recording, pafeeheg at a Grantor ales ortga e, walmiulng Including whiteout gonkstlon all taxes. fees, documentary stamps. and other chary" for recording or registering this Mortgage. ? • Taxes. The following shag constitute taxes to which this section applies: (1) a specific ax upon this type of Mort" or upon d or any part of the Indebtedness secured by this Mortgage: 12) a specific tax on Grantor which Grantor is mrthorized or n wnlsd to deduct from Payments on the Indebtedness "cured by this type of Mortgage. f3) a ax on this type of Mortgage chargeable against the Lander or the holder of the Not; and (4) a sleclfic ax on all or any portion of the I interest made by Grantor. rndebtsdns» or on payments of principal and Subesgtrrtt Tape. If any tax to which this section applies is enacted subsequent to the date of this Mortgage. this event shag have the sane effect as an Event of Default, and Lender may epfClse any or ag of its ovallable remedies for on Event of Default as below Tspe ded and Lim unless and rantor et er (1) aye the tax be? iIIt becomes delinquent, or (2) contests the ax as provided above in the corporate SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating surety to ty thin bond or Mortgage odor as s aseect cxrriry ty s agreernsreemnt are Lendas. of this Mortgage: part Seeurky Agreement. This Instrument sham constitute a Security Agreement to the extant any of the Property constitutes fixtures, and Lender shelf flaw ee of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Seaartty blow - Upon request by Lander. Grantor shell take whatever action is requested by Lander to perfect and continue Larder's In the at aurillty ne Inand terest n wisher further a Personal Property. In addition to reconft this Mortgage in the real property records, Lender may, tine no authorization from Grantor, foe executed counterparts. copies or reproductions of this Mortgage as a hg statmanL Grantor shelf ralmburee Lander for all expenses Incurred In Perfecting or continuing this security interest. Upon default, Granter ON not remove. sever or detach the Personal Property from the Property. Upon detsult, GreMor shelf assemble any Personal Property not affixed to she Property In a rrnmer and at a place reasonably available to Lender within three (3) days after receipt of written demand from Lender to the to extent and Lender and malts it wmkW by applicable law. Address". The interest matting addresses of Grantor (debtor) and Lander (secured parry) from which Information concerning the security granted by dhb Mortgage may be obtained loath me required by the Uniform Commercial Codel are as stated on the Mat page of this Mortgage, FURTHER, ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional outhorlutlons area Pert of this Mortgage: Further Asetranoes. At any time, and from time to time. upon request of Lender, Grantor will make, execute and delver. or wig cause to be made. executed or delivered. to Lender or to Lender's designee, and when requested by Lender. cause to be feed, recorded, ref lod, or rerecorded, as the case may be, at such tines and In such offices and places as Lanier may chant appropriate, any and all such mortgages, doe* of dust, security deeds. security agreements, fimnclhg satemena, coed awdon statements, instruments of turdw a"Usenee, certificates, and oiler documents as may, in the sob opinion of Leader. be necessary or desk" In order to effectuate, complete, perfect. continue, or preserve (1) Grantor's obligations under the Not. this Mortgage. and the Related Documents, and 121 the germ and security interests created by this Mortgage me first and prior gem on the Property, whether now owned or hereafter sa Wred by Grantor. Unless prohibited by law or Lender sprees to the contrary in writing. Grantor shell reimburse Lender for all costs and oxpsmes incurred in connection with the matters referred to In this paragraph. Additional Authorkadom. If Grantor fails to do any of the things referred to in the pmcedkg paragraph. Lender may do ee for and in the name of Grantor and at Grantor's expense. For such purposes. Grantor hereby irrevocably muthork» Lander to make, execute, deliver, fee. record and do all other things sa may be necessary or desirable. M lender's sob opinion, to in the preceding paragraph. It Is understood that nothing met forth herein shag require Lender to atoke a any spy such h the ns. FULL PERFORMANCE If Grantor pays all the Indebtedness when due, and otherwise all the upon Gr. under this Mortgage, Lender shag execute and deliver to Grantor a suitable sodstectbfof thk obligations Imposed upon enamor n.1 suitable statements of termination of any finenclhg statement on fib evidencing Lender's security interest In the Rams andMde Pnoand pay, if rmitted b eg Property. Grantor will Pe by applicable law, any reasonable termination tee as determined by Lender from time to terns. EVENTS OF DEFAULT. Each of the following, at Lenders option, shag constitute an Event of Default under this Mortgage: Payment Defeutt. Grantor fags to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the dme required by this Mortgage to make a, or any other payment necessary to prevent filing of or to effect discharge of nY Payment for taxes or Insurance, any lion. Other Defaults. Grantor fags to comply with or to perform any other term, obligation, covenant or condition contained In this Mortgage or In any of to Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf ceder this Mortgage or the Related Documents is false or misleading in any maternal respect, either now or at the time made or fumlmhed or becomes false or misleading at any time thereafter. Defective Cam. This Mortgage or any of the Related Documents pas" to be in full force and effect (Including failure of any collateral document to create a valid and perfected security interest or ganl at any time and for my reason. Death or Insolvency. The death of Grantor, the Insolvency of Grams, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency Iowa by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help repossession at any other method, by any creditor of Grantor or by any governments agency against any property securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts, Including deposit accounts. with Lander. However, We Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of to creditor or torfelture proceeding and If Grantor gives Lender written notice of the creditor or forfeiture Proceeding and deposits with Lander monies or a surety bond for the creditor or forfeiture proceeding. In an amount determined by Lander, in its solo discretion, as being an adequate reserve or bond for the dispute. Breach of Oder Agreement. Any breach by Grantor under the terms of a other remedied within army grace Period provided therein, Includin without Imitation ang agree agreement between concerninGrantor g ng any any and Larder that Is not indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation BK 1859FG i 959 MORTGAGE (Continued) Pap 4 party of any of the Indebtedness or any guarantor. endorser, surety, or soconanodetlon party Was or becomes incompetent, at revokes or disputes the validity of. or liability under, any Guaranty, of the Indebtedness. In the event of a death. Lander. at its option, ea y. bur shall not be required to. Permit the guarantor's estate 10 Mums cancendftmlly to obligations arising under the guaranty In satisfactory to Lander, and. In doing so, cure any Event of Default. Adverse Changes. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is Impaired. Insecurity. Lender In good faith believes itself Insecure. Right to Cure. If such a feNure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve 1121 months. it may be cured land no Event of Data* wN have oewmed R Grantor, alter Lander sends written notice demanding cure of such failure: (a) cures the failure within fifteen (151 days: or (b) N the an requires more than A tssn 111) dsy¦. Immediately initiates steps sufficient to cure the hMure and themater comk%m and completes so reasonable and necessary steps sufficient to produce compliance as soon so reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter. Lender, at Lender's option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provided by law: Aooshereta Indebtedness. Lender shelf have the right at its option, after giving such notices as required by applicable law. to declare the entire Indebtedness Immediately des and payable. UCC Remedies. With respect to an or any part of the Personal Property, Lender shall have ate the rights and remedies of a secured party under the Uniform Commercial Code. Casa Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rwft, Including amounts past due and unpaid, and apply the not proceeds, ova and above Lender's Costs. against the Indebtedness. In funhwanee of thh right. Lender may require any tenant or other user of the Property to make payments of rem or use tees directly to Lender. If the Rem are collected by Lender. than Grantor Irrevocably authorhee Lender to endorse Instruments received In payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by terrine or other users to Ler>der in response to Lender's demand shall satisfy the obligedons for which it* payments we niece, whether or net any proper grounds for the demand existed. Lender may exercise Its rights wrier this subparagraph eitixer In Parson, by agent. or through a receiver. AppelK Reselver. Lender shall have the right to haw a receiver appointed to take possession of all or any pert of the Property, with the power to protect and preserve the Property, to operate the Property Preceding foreclosure or sale. and to ,-sect the Rents bom the Property and apply the proceeds, over and above the cost of the receivership. against On Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not due apparent vale of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shay not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain s judicial decree foreclosing Grantor's Interest in all or any part of the Property. Possession of tin Property. For the purpose of procuring possession of the Property. Grantor hereby aWtortzes and empowsm any atom" of any court of record In the Commonwealth of Perdeylvenia or elsewhere, as attorney for Lander and as pars-rr claiming under or through Lender, to sign an agreement for wrtering In my oompetent cowt an amiable action In ejeatme t for possession of the Property and to appear for and eonfwe judgment against Grew. and agaket all Persons claiming under or through Grantor.' for tithe recovery by Lender of possession of the Property. without my stay of execution. for which this Mortgage, or a ,with of this Mortgage varMW by affWavlt, shall be a sufficient warrant; and thereupon a writ of possession may be hawd forthwith, without any prior writ or proceeding whatsoever. Nero dldal Sale. If perm fitted by applicable law, Lender may foreclose Grantor's interest In all or in any port of the Personal Property or tie Real Property by non-judicial as%. Oeflohnsy Judgmw*. Lender may obtain a Judgment for any defldeney remaining In the Indebtedness due to Lender after application of all amounts received from the exercise of the fights provided In this section. Tenancy, at Sufferance. It Grantor remains In possession of the Property after the Property le sold as provided -bow or Lender otherwise becomes entitled to possession of the Property upon default of orator. Grantor shall beoomo a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (11 pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Lander shall have all other rights and remedies provided In this Mortgage or the Note or available at low or In equity. Sails of the Property. To the extent perniited by applicable law, Grantor hereby weiws any and all right to have the Property marshaled. In exercising its rights and remedies. Lender shall be has to seil all or any part of the Property together or separately, In one sale or by sepersts sales. Lender shag be entitled to bay at any public sale on ale or any portion of the Property. Nola of Sale. lender shall give Grantor reasonable notice of the dme and place of env pubic sale of the Personal Property or of the time after which any private sale or other Intended disposition of the Personal Property Is to be made. Unless otherwise required by applicable low, reasonable notice shall mean notice given at least ten 1101 days before the time of the eels or disposition. Any sale of the Personal Property may be made In conjunction with any soh of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make sxpendkume or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, dull not aflsot Lender's right to declare a default and exercise its remedles. Nothing under this Mort"" or otherwise aW be construed to as to In* or restrict the rights and remedies available to Lender following an Event of Default or In any way to hilt or restrict the rights and ability of Larder to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or Indirectly secwhg the irdebtednese. Attorneys' Fees: Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage. Lander shag be andded to recover such sum as the court may adjudge reason" as attorneys' fees at trial and upon any appeal. Whether or not any court action is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of Its rights shell become • pert of the Indebtedness payable on demand and shag bear interest at the Note rate from the date of the expendlture until repaid. Expenses covered by this paragraph Induce, without limitation, however subject to any limits under applicable low, Lender's attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (incckding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining tide reports (Including foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shelf be given In writing, and shah be *"active when actually delivered, when actually received by telefacskrdls (unless otherwise required by low). when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mall, as first class, certified or registered mall postage prepaid, directed to the addresses shown near the beginning of this Mortgage. AN copies of notices of foreclosure from the !elder of any lien which has priority over "a Mortgage shall be sent to Lender's address. as shown new the beginning of tide party may change Its address for notices under this Mortgage by giving formal written notice to the other Mortgage. that Any purpose of the notice In to change the party's address. For notice parties. ed rp tilt the purposes. Grantor agues to keep Lender Informed at er all times of Grantor's current address. Unless otherwise provided by applicable low. If there is mars than one Grantor, any notice given by Lander to any Grantor Is downed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Ameuk me. This Mortgage, together with any Related Doeanen% constitutes the entire undnstanding and agreement of the Pardee as to the matters set forth in this Mortgage. No alteration of or smsndmem to duh Mortgage shah be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 8K 1 859P61960 MORTGAGE (COngnued) Pam S. A"maal Reports. if the property Is used for Purposes other then Grantor's resitfence, Grantor she Larder shN meat of net operating Ineerne teedvsd from ft Property during Grrntor'a previous ?p nah to Lander. argon regrsK a connection wkh require Net operating Inepma' shall mean all cash receipts from the risr in such form and date a, Operation of the Property. Property Nua each expenditures made In the Provisions soro of this Caption Mortgagheadings eheadings in this Mortgage are for pro the convenience Purposes only and ter not to be used to Interpret or dNine Joint and low" LhablWty. All obligations of Grantor under this Mortgage mean each and every Grantor. This means that each Grantor o shall s be -at. o^e joint and u it 0 and all retonnM to f7rsneor,haN No Wahw by Lender. Npninbelow is ' for ell obligations In this Mortgage, Lander shall not be doomed to have walwd any rights under Chia MwWp it. writing and signed by Lender. No daisy or omission on the pert of Lander in a urdses su a tvalver N ghran such right or any other right. A weiwr by Lander of a provision at dit Mapape ehaNxitot µN1 tau as s ceder of such otherwise to demand strkt compliance with that Provision or any odher OrovNIon arm or Prior? awaiwver by by Laar nwew. nor NW r course of o a dealing between Lender and Grantor. shall constitute a wahnr of any of Lander Mortgage. to any future transactions. Whenever the consem of Lender le required under tide Awe or ny of such ore's e consent by Lan er in any instance Shall not consth ute continuing car-" to ?9s9a• the granting e u each of Lander consent may be granted or withheld In the sole discretion of Lest nde?rt Irahnae where logo corpses N required and In all cam Koch SawraM9ty. if a court of competent jurisdiction finds any provision of this Mortgage to be Wallet. Invalid, or unen person or circumstance, that finding shag not make the foroesbb peso any ofIflogM. or to circumstance. H ton", the offending Provision shall befi?q considerod m Provision ew so hared. cues WOW, valid as and any other person or able. If offending provision cannot be so modified . It shalt be oonslde that t age. U Unless legal, her sad r9WArW anforoeb l , the i?egality. Invalidity. or unenfeability of any provision of this Mortgage she not affectthhei l,p validity for e by law, the other provision of this Mortgage. Wdity or enforceability of any Manger. Then shall be no merger of the interest or estate crated by this Mortgage with any other interest or estate In the Property at any tine hold by or for the benefit of Lander In any capacity, without the written convent of Lender. Successor successors. . The terns of this Mortgage shall be binding upon Gnmor, &N upon Oramwes heirs, personal representatives. and assigns, and shall be enforceable by Lender and its successor and assigns. Time IS of the Essence. Time N of the oosence in the performance of this Mortgage, ,pacigfic NitNNS. T tee oil o ingg capitalized word$ and terms shall have the following meanings when used In this M all references do4w Words and terms wad In the si gular shelf InGunde the pl ral. end the pl mom amount in lawful money of the United Stmortgage. Unless t of America. as context . and terms not otherwise defined in this Mortgage shah have the mean pis at a mflhaN Include the s In singular, the tha rm Co may ag d Words Borrower. The ? attributed to such terms In fM Uniform Commercial Code: Note. word 'Borrower' means Jerry L. Gilbert and Jody L Gilbert and includes erg co egners and cc-makers slpnkg the Default. The word 'Default" means the Default set forth in this Mortgage in the sectim tided 'Default'. Environmental Laws. The words 'Environmental Laws' mean any and all auto. federal and local statutes, regulations and ordinances relating to the protection of unman health or the emriroraent, In Response, Compensation, and Debility Act of 1980, as amended, 42 ding C. without ImItatlan Section 9801atdt Comprehensive Amendments and Resudhorizatkn Act of 1988, Pub. L. No. 99.499 ("SARA"), the Hazardous Materials Tr CERCLAry, ps?j 1 49 Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Seaton 8901, at seq•, or older nsother a npPNAct,cable a U.B.C. federal laws, rules, or regulations adopted pursuant thereto. state or Event of DNerrlt• The words 'Event of Default' mean any of the events of default set forth In this Mortgage In the events of default section of this Mortgage. Orwrior. The word "Grantor' means Jerry L. GNbert and Jody L. Gilbert. Ouannty. The word "Guaranty' means the guaranty from guarantor, endorser. surety, or accommodation party to Lender, inckKft without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances' mean msteriais that. bemuse of their quantity, concentration or physical, chemical or Infectious characteristics. may caws or pose a present or potential hazard to human health or the environment when improperly wed, treated. stand, disposed of, generated, manufactured. transported or Otherwise handled. The words Substances" we used in their wry broadest sense and Include without Wmhation any and all hazardous or toxic substances, msterlels or waste as defined by or listed under the Environmental Laws. The tern 'Nezardous Substances' also includes, without limitation, petroleum and Petroleum byproducts or any traction thereof and sebestce, Improvements. The word "Improvements' means all existing and future Improvements. buildings. structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property, Indebtedness. The word "Indebtedness" means all principal. Interest. and other amounts, costs and expenses payable udder the Note or Related Docum ants, together with all renewals of, extensions of, modifications of, oonsolldatkna of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's expenses Lender to enforce Grantor's obligations under this Mortgage, together with Interest on such amounts aallone or Provided In this Ih Mrtgp ongo by Specifically, without limitation, Indebtedness Includes all amounts that may be Indirectly secured In olla• provision of this Mortgage. by the Crosa•CclletsreNZStbn Lender, The word 'Lander" means ORRSTOWN BANK, its successors and assigns, Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender. Note. The word 'Note' means the promissory note dated April 1, 2004, in the from Grantor to Lander, together with all renewals of, extensions of, modifications of, refinancings afof, co of $60 ons of, . and substitutions for the promissory note or agreement. The maturity date of the Note Is April 1, 20NOTICE TO GRANTANTOR: and NOTE CONTAINS A VARIABLE INTEREST RATE. GRANTOR: THE Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Reel Property; together with all accessions, parts, and additions to, of replacements of, and all substitutions for, any of such property: and together with all proceeds (Including without fimitatlon all Insurance proceeds and refunds of premkrmsl from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words 'Reel Property" mean the real property, interests and rights, as further described in this Mortgage, Related Docurnimu. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trwt, security deeds, collateral mortgages, and ON other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rants. The word "Rents" means all present and future rents, revenues, Income, issues, royol e*. profits, and other benefits derived from the Property. OK 1859PG 1961 MORTGAGE (Continwd) pop 8 EACH GRANTOR ACKNOWLEDGEB HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND EACH GRANTOR AGREES TO RS TEM. THIS MORTGAGE N GIVIIII UNDER SEAL AND T M INTENDED THAT THIS MORTGAGE M AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED MsSMUMHBT ACCORDING TO LAW. GRANTOR: IMall and delivered In do Presence of. CERTIFICATE OF RESIDENCE I hereby certify. that the Precise address of ft norfgagae, ORRSTOWN RANK, herein is as follow: STONEHEDGE OFFICE, PO BOX 250, OMPENSBIRIG, PA 17257 Attorney or Agent apse INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF__ M3C-,t( Anv I On this. the day of L th a urwkrelSned Notwy Publ me for safia Iy Proven) to be the parson whose names are to the the Imm for the Purposes tMrein contained. - hand and oH1eW sW NOTA IAL.SEAL HAROLD S.011MM . NI, NOTARY PUBLIC CAAISLE #vmmWm 2044 before am 4 nrad ,l W. Gilbert and! y L. ML in Instrument, and acknowledged that they -VIWJUWN Notary Public in and for the State of RAT COMMISS10N 01 1fE3 OCTOBER 2Z 2W6 BK 1859PG 1962 TRACT NO, 1: ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet; South of the southem building line of Main Street; thence by other lands now or formerly of jGerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Heim, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42:81 feet to a point; thence along the centerilne of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the Place of BEGINNING. TRACT 140.2: r ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastem right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of ,-Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Ailey; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. EXHIBIT6AYI 859PG 1963 00 4G? (!?? r `' r: rn w CASE NO: 2008-06527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS GILBERT JERRY L ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GILBERT JERRY L the DEFENDANT , at 1902:00 HOURS, on the 7th day of November-, 2008 at 26 CHESTNUT STREET NEWVILLE, PA 17241 JERRY GILBERT was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge ?} Irk jD9 SHERIFF'S RETURN - REGULAR 18.00 12.00 .59 10.00 .00 ? 40.59 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 11/12/2008 OBRIEN BARIC SCHER BY : A. D. eputy Sheri SHERIFF'S RETURN - REGULAR ¦ 40 CASE NO: 2008-06527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS GILBERT JERRY L ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GILBERT JODY L the DEFENDANT at 1902:00 HOURS, on the 7th day of November 2008 at 26 CHESTNUT STREET NEWVILLE, PA 17241 by handing to JERRY GILBERT, HUSBAND 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Klin 011 P?o ? ?., .00 ? 16.00 11/12/2008 OBRIEN BARIC SCHER R Sworn and Subscibed to By: before me this day eputy riff of A.D. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM JODY L. GILBERT, MORTGAGE FORECLOSURE husband and wife, Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.ILC.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank nd against the Defendants, Jerry L. Gilbert and Jody L. Gilbert, for failure to file an answer to the Complaint of Plaintiff. A true and correct copies of the Notices of Default are appended hereto as Exhibit "A." A true and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $64,793.85 with interest calculated to December 15, 2008 and at the per diem rate of $10.39 thereafter. Respectfully submitted, RIEN, B C & S RER David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 K ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM MORTGAGE FORECLOSURE TO: Jerry L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Date of Notice: December 1, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAMED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 O' , B RER David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants TO: Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Date of Notice: December 1, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 70TLP4EN, ;BAR I AND ERER David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: C2 o ? o a N One piece of ordinary mail addressed to: o m n c ?? G5l n1k? S o?'? -.1 wmo(A N 9 rn m N?wu11?ti ??o"?'? O 00 PS Form 3817, January 2D01 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER cerv Frofn: ? YIF:YI ?QYIC?°? S(,y1PX?•r i's oU+? S Eet 1D 3 0 iece of ordinary mail addressed to: A6 Gn -nub-.S?r ' I?wu?u?• ? ? na?-? PS Form 3511, January 2001 O i o 0 CD a N 0 CD o r7 C n P to P off' ce wm° ? -i - ZZ 00 N a ?i M EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on December 16, 2008, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jerry L. Gilbert Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 David A. Baric, Esquire --? y c T1 CO 7 tb ?1` 44 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2008- 6527 CIVIL TERM JERRY L. GILBERT and JODY L. GILBERT, MORTGAGE FORECLOSURE husband and wife, Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Jerry L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothonotary yn Date: ??2,cc,?. ?C 1 .666 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Notice is hereby given to you of entry of a judgment against you in the above matter. /C Prothonotary Date: IDZa' j? /? ? 00 1 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Principal debt Interest to 01/28/09 (per diem $10.39) $64,232.79 $ 425.99 TOTAL: $64,658.78 Date: Da ` O' N, ZBARIC & SCH David A. Baric, Esquire Pa I.D. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff e -% CERTIFICATE OF SERVICE I hereby certify that on February 4, 2009, 1, 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 parties listed below, as follows: Jerry L. Gilbert Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 t David A. Baric, Esquire 0 0 G ? r- QIN _ U Ca rTs C Cf? a1, C7 G n s, t n g? Z-5 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2008- 6527 CIVIL TERM JERRY L. GILBERT and JODY L. GILBERT, MORTGAGE FORECLOSURE husband and wife, Defendants 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 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. Names and addresses of owner or reputed owners: Jerry L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 2. Names and addresses of defendants in the judgment: Jerry L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 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 Street Shippensburg, PA 17257 Hometown Development Corporation 114 North Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Hometown Development Corporation 114 North Hanover Street Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Orrstown Bank Hometown Development Corporation Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU Department of Transportation 77 East King Street Shippensburg, PA 17257 114 North Hanover Street Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69112 Harrisburg, PA 17106 David Markowitz, Esquire Office of Chief Counsel 1101 South Front Street, Third Floor Harrisburg, PA 17104 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 r 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 falsifications to aut ities. l 1 Date: O 0410 p David A. Baric, Esquire Attorney for Plaintiff TRACT 1 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B EXHIBIT "A" ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which is the subject of this action and Notice of Sale is located at 7, 9 and 11 South High Street, Newville, Cumberland County, Pennsylvania, with a parcel number 27-20-1756-025A AND 025B and described as follows: TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriff s Sale is Wednesday, June 10, 2009 at 10:00 a.m., in the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being held on Judgment entered in Orrstown Bank v. Jerry L. Gilbert and Jody L. Gilbert, docketed to 2008-6527 in the Court of Common Pleas of Cumberland County. 5) The name of the owners or reputed owners are Jerry L. Gilbert and Jody L. Gilbert. NOTICE OF SCHEDULING 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 Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, a O' N, BARI S f David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 d (717) 249-6873 DATE: 0 ? ? ? l LEGAL DESCRIPTION TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania; in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008- 6527 CIVIL TERM 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 Jerry L. Gilbert and Jody L. Gilbert. Orrstown Bank Cumberland County Tax Claim Bureau Hometown Development Corporation Cumberland County Domestic Relations PA SCDU Department of Transportation 77 East King Street Shippensburg, Pennsylvania 17257 One Courthouse Square Carlisle, Pennsylvania 17013 114 North Hanover Street Carlisle, Pennsylvania 17013 13 North Hanover Street Carlisle, Pennsylvania 17013 P.O. Box 69112 Harrisburg, Pennsylvania 17106 David Markowitz, Esquire Office Of Chief Counsel 1101 South Front Street, Third Floor Harrisburg, Pennsylvania 17104 You are hereby notified that on June 10, 2009, at 10:00 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 v. Jerry L. Gilbert and Jody L. Gilbert, No. 2008-6527, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, real estate of Jerry L. Gilbert and Jody L. Gilbert, known and numbered 7, 9 and 11 South High Street, Newville, Cumberland County, Pennsylvania, with a parcel number 27-20-1756-025A AND 025B. Descriptions of said real estate are 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 pr ect your interest, if any, b eing notified of said Sheriffs Sale. DATE: Dq David A. Baric, Esquire I.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff LEGAL DESCRIPTION TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B OR.RSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendants, Jerry L. Gilbert and Jody L. Gilbert is 26 Chestnut Street, Newville, Pennsylvania and that the Defendants are the owner of the mortgaged property. O'BRIEN, BARIC & S ER r David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS A4 DAY OF , 2009. Not u li COMMONWEALTH OF PENNSYLVANIA Notaft Seal Jennifer S. Lindsay, Notary Public Carlisle Boro, Curnberland County Cor mission Ems Nov. 29, 2011 Member, Psrw*Fvinia Assoolatlon of Notarles TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6527 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From JERRY L. GILBERT AND JODY L. GILBERT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 64,232.79 Interest $425.99 Atty's Comm % Atty Paid $ 175.59 Plaintiff Paid Date: February 11, 2009 L.L.$.50 Due Prothy $2.00 Other Costs C s R. Lo onot (Seal) REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: 19 WEST SOUTH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 By: Deputy ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM 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, ' EN, EBA A&R David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER tt 4 Received From: ' i ?aric?°I- $hfrf? ° . m r ? rn rhi lr. PA VID13 0; Ate One piece of ordinary mail addressed to: o -n C'1 c Orrs? to wn anK ca M 9 ? ?a7 ?? tin ut 00. O0• 00 ONJ?-+D CdOV1?r17 m°t°!1 --j FA 11901 NO c' f0 D Cl) I PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MANJNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 6w n' 0;4-Sc "-w C -11 W 'South ?Swset arlisl& r'A 11013 One piece of ordinary mail addressed to: Curnkrlar? Coanfia'rx Uairn 90 MIA On CoUVAOUS& .SAwm C.At(IISI? ? Qft 1'113 PS Form 3517, Jimmy 2001 R c CO `? > o DW rn A~? ON-J-3> 00• CA°Q)--v oooo?r Z. -WT°N NO O C, -4 D O m U.S. POSTAL SERVICE CERTIFICATE OF MANJW MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 0 Received From: ° °t U?s1' S ugh r? s ?,??? °° T n C One piece of ordinary mail addressed to: mo o'd'} aa z in ??-- oN bum and Cou 'C., hn-q °0' CAorry..? 13 North Nnr?oy 5 ,- Ln''--' Z--Wm N© Co a 3> CyA Slf- I M 1'lDl3 m PS Forth 3817, Jarwwy 2001 j U.S. POSTAL SERVICE CERTIFICATE OF NAILING 3 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER m: Received Fro F C? WES+ 3 So u4h Vts Le r4S(b/ ('_arlisl?, PA l'1013 _ '? ol? T cl C One piece of ordinary mail addressed to: CD VT pM : N }{?o m?ti(wyn O?y??lto?C}orlyora?ti an co -ho I V-00 co v n D m PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MARS46 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT t PROVIDE FOR INSURANCE-POSTMASTER (? g Q Received From: r) N V r • ? D 3 66? C" One piece of ordinary mail addressed to: T n C U W d?'r 1>00 OD. lr-,? °N- C - 0 7V (A 118 N°~-.0 ° lot u oWm°N • • /? C r O ?arr ?sburq, PIA l't l0? N X> M m PS Form 3817, January 2001 C wns?i1 01 Sou?ln ?t St ird oar •ta C COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ORRSTOWN BANK is the grantee the same having been sold to said grantee on the 10TH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 11TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6527, at the suit of ORRSTOWN BANK against JERRY L GILBERT & JODY L is duly recorded as Instrument Number 200924542. IN TESTIMONY WHEREOF, I have hereuWto set my hand seal of said office this , --?- day of I Lai A.D. D2 of Deeds Ada, Cu "Urkd County. CalUle, PA My Cdfv"w E)09$ the First Monday of Jan. 2010 i r In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6527 Civil Term Orrstown Bank VS Jerry L. Gilbert and Jody L. Gilbert Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2009 at 1850 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit Jerry L. Gilbert and Jody L. Gilbert, by making known unto Jody L. Gilbert, personally, at, 26 Chestnut Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 9 2009 at 1840 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jerry L. Gilbert and Jody L. Gilbert, located at, 7 South High Street, 9 South High Street, and 11 South High Street, Newville, Cumberland County Pennsylvania, according to law. 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: Jerry L. Gilbert and Jody L. Gilbert, by regular mail to their last known address of, 26 Chestnut Street, Newville, PA 17241. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office 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 June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David Baric, on behalf of Orrstown Bank of 77 East King Street, Shippensburg, PA 17257 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,436.98. Sheriff's Costs: Docketing 30.00 Poundage 28.18 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary Milage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed So Answers, ?00-1a.4aac A,--,'A*- R. Thomas Kline, eriff By ''.. Real Estate Coordinator 2.00 21.60 30.00 30.00 617.00 469.77 15.43 25.00 49.50 1,436.98 ? 71151,1 ¢ (), y ? w g ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2008- 6527 CIVIL TERM JERRY L. GILBERT and JODY L. GILBERT, MORTGAGE FORECLOSURE husband and wife, Defendants 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 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. Names and addresses of owner or reputed owners: Jerry L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 2. Names and addresses of defendants in the judgment: Jerry L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 Jody L. Gilbert 26 Chestnut Street Newville, Pennsylvania 17241 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 Street Shippensburg, PA 17257 Hometown Development Corporation 114 North Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Hometown Development Corporation 114 North Hanover Street Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Hometown Development Corporation 114 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU Department of Transportation One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69112 Harrisburg, PA 17106 David Markowitz, Esquire Office of Chief Counsel 1101 South Front Street, Third Floor Harrisburg, PA 17104 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 falsifications to aut ities. ? Date: OA 104 OR ' David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B EXHIBIT "A" L ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JERRY L. GILBERT and JODY L. GILBERT, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 6527 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which is the subject of this action and Notice of Sale is located at 7, 9 and 11 South High Street, Newville, Cumberland County, Pennsylvania, with a parcel number 27-20-1756-025A AND 025B and described as follows: TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is Wednesday, June 10, 2009 at 10:00 a.m.; in the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being held on Judgment entered in Orrstown Bank v. Jerry L. Gilbert and Jody L. Gilbert, docketed to 2008-6527 in the Court of Common Pleas of Cumberland County. 5) Gilbert. 6) The name of the owners or reputed owners are Jerry L. Gilbert and Jody L. NOTICE OF SCHEDULING OF DISTRIBUTION 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 Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, aN, BARI S r David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 a (717) 249-6873 DATE: LEGAL DESCRIPTION TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a distance of 30 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walkway and along other lands now or formerly of Margaret H. Shetron, M. Thomas Sheaffer and Cindy L. Sheaffer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 minutes 20 seconds East a distance of 42.77 feet to a point, the place of BEGINNING. BEING Lot No. 1 of the Final Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO.2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the centerline of a concrete walkway and along lands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of Chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of Church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivision Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6527 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From JERRY L. GILBERT AND JODY L. GILBERT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 64,232.79 Interest $425.99 Atty's Comm % Atty Paid $ 175.59 Plaintiff Paid Date: February 11, 2009 (Seal) REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: 19 WEST SOUTH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 L.L.$.50 Due Prothy $2.00 Other Costs C gisR. t ono ry By: Deputy Real Estate Sale # 49 On February 20, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Newville, Cumberland County, PA Known and numbered as 7,9 and 11 South High Street Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 20, 2009 By: 4The' Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 before me THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 Sworn to Notary'Public c2?e atriotwNew s Now you know 2 ? May, 2009 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Manisburq, Dauphin Courtly My Carirninbri Expires Nov. 26, 2011 Msrnber, Pennsylvania Assodaoon of Noterles PUBLICATION COPY so 41", Ask Wl1MIo. 1lrlrllM flit VS' .6"Lt3 Md.- , JaftL 464t' . -;? AtRDrrtsrlr IMVM A: 61i 4II?ZAL. DE8CROTIOM Ali i.'[ K CBICI'AI N lot of gtomd sitsitte ip !e Et to of N wvlk 0966010d 0011011iii boarded end daeatbed re NOW et a:Poim art the eriptas.ei?t of tear od,111A I?tt Seat wititdr Rohl ie '?ot 600 ft sott?t bn %c of Oil* tlire/t; limes by other lam now a dale sf ttrddt L Dopett Bondi ill delirm-OQ taWO e Aititace of 30 feet to a' poi* the o atobg lands stow or fonsetly of C Www E. Helm, h, 56 m ftep 20 smp& west adlaftte o(42.&4 fed to a.pp}nh dnm along die o of a :oepctote walkway rind alobg bther lode how or lbrmerly' Of, ltltdganrt H. rheum M. luomas 5heaffer and Cindy L' der North 80 defines 55 minuw28 words Wet adistance of 3afeet to a Pekin 40 memo 'I?t af, of Hii# 001; 000 A" lirftA 2%: noN'ft drweae 9ti,r+ii" 20 00006 Bog a dam of 42:17 fNr b a point, 681 of 1111101111111114 No. a 4f the fti stibilivi" lie i0wr iei. Shelton teal toewiled 4p4he as" of the Recede` of. D066 ,ilk and fef um A 7Ap?,nd r+ in the (1111111111ett 66 IMattelsr of Ae«? ? ? ? hatari, in R?rd Hooit 2ti2, + 'ai°vI fro dm . 40%,211-Z t3ilhriit and kidy L. (3MW4 hsabtmd04!wtfe; Gassiu hasia. TxAG1'f?1 AL 1W 00W Wi d beret *at in * Hmw*,41 Nwvik Cmbo W County, POWY OK Uvm6d ad Owsibed m fob: B @ ot,.# pqW an *s asMseaf*ot.of wej of Soo met S* W*b p* b 181,,5 feet Soudt of the 16 of StrIC them alo% South High Skv4 None 8 deg = 56 tYtlaYss 20 jeopp& EW c &*me 4f x49.48 fret to s Foist; tbeaae >e ?lllplr a[..wa? tact ? ? ?omc, tes ? ?} Ll t +d • tr art BRRJU. die asbe pnesaesi hometown Aeeelo "W Ompotptm by,Dwd fisted Mach 26, .A_m,=#d in'* bfFa of the 3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as tetime, place and character of publication are true. REAL ESTATE SALE NO. 49 Writ No. 2008-6527 Civil Orrstown Bank vs. Jerry L. Gilbert and Jody L. Gilbert Atty.: David A. Baric LEGAL DESCRIPTION TRACT 1 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 90 feet South of the southern building line of Main Street; thence by other lands now or formerly of Gerald L. Dupert South 81 degrees 00 minutes East a dis- tance of 30 feet to a point; thence along lands now or formerly of Chal- mer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 42.81 feet to a point; thence along the centerline of a concrete walk- way and along other lands now or formerly of Margaret H. Shetron, M. ie Coyne, SWORN TO AND SUBSCRIBED before me this 15 day of Mqy. 2009 Thomas Sheaffer and Cindy L. Sheaf- Notary fer North 80 degrees 55 minutes 28 seconds West a distance of 30 feet to a point along the eastern right of way of South High Street; thence along South High Street north 8 degrees 56 NOTARIAL SEAL minutes 20 seconds East a distance DEBORAH A COLLINS of 42.77 feet to a point, the place of Notary Public BEGINNING. CARLISLE BORO, CUMBERLAND COUNTY BEING Lot No. 1 of the Final MY Commission Expires Apr 28, 2010 Subdivision Plan for Margaret M. Shetron et al recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 52, Page 87. BEING the same premises which the Hometown Development Corpora- tion by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, in Record Book 262, Page 1682, granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. TRACT NO. 2 ALL THAT CERTAIN lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern right of way of South High Street which point is 182.25 feet South of the southern building line of Main Street; thence along South High Street North 8 degrees 56 minutes 20 seconds East a distance of 49.48 feet to a point; thence along the center- line of a concrete walkway and along iands now or formerly of Gerald L. Dupert South 80 degrees 55 minutes 28 seconds East a distance of 30.00 feet to a point; thence along lands now or formerly of chalmer E. Helm, Jr., South 8 degrees 56 minutes 20 seconds West a distance of 49.44 feet to a point on the northern right of way of church Alley; thence along Church Alley North 81 degrees 00 minutes West a distance of 30.00 feet to a point, the place of BEGINNING. BEING Lot 2 of the Final Subdivi- sion Plan for Margaret M. Shetron, et al. recorded in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, in Plan Book 52, Page 87, and having erected thereon a two-story frame building known and numbered as 9 and 11 South High Street. BEING the same premises which Hometown Development Corporation by Deed dated March 26, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 262, Page 1682 granted and conveyed unto Jerry L. Gilbert and Jody L. Gilbert, husband and wife, Grantors herein. PARCEL NO. 27-20-1756-025A AND 025B.