HomeMy WebLinkAbout09-1408ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
V.
UNIFIED REAL ESTATE
HOLDINGS, LLC
871-B WEST DING STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- IyW CIVIL TERM
CIVIL ACTION-LAW
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 soj' 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 IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257,
Plaintiff, :
NO. 2009- / q6 8` CIVIL TERM
V.
CIVIL ACTION-LAW
UNIFIED READ, ESTATE :
HOLDINGS, LLC MORTGAGE FORECLOSURE
871-B WEST DING STREET
SHIPPENSBURG, PA 17257
Defendant
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:
The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a
place of businessl, located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania 172157.
2. The Defendant, Unified Real Estate Holdings, LLC ("Unified Real Estate"), is a
Pennsylvania Limited Liability Company with an address of 871-B West King Street,
Shippensburg, Franklin County, Pennsylvania 17257.
3. By Deed dated December 1, 2006, the Tax Claim Bureau of the County of
Cumberland, conveyed the premises described in Exhibit "A" attached hereto and made a part
hereof to Unified Real Estate, LLC. The premises are further described as being 216 West
Market Street, Enola, Cumberland County, Pennsylvania 17025.
4. By Deed dated December 1, 2006, the Tax Claim Bureau of the County of
Cumberland, conveyed the premises described in Exhibit "B" attached hereto and made a part
hereof to Unified Real Estate, LLC. The premises are further described as being 153 Lincoln
Street, Carlisle, Cumberland County, Pennsylvania 17013.
On or about February 8, 2007, Unified Real Estate, made, executed and delivered
a written Mortgage to Plaintiff as Mortgagee on the premises described on Exhibits "A" and "B."
This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on
at Cumberland' County Record Book 1981, Page 4503, et seq, all of which pages are attached
hereto as Exhibit "C" and incorporated herein by reference and made a part hereof.
6. Defendant has defaulted under the terms and conditions of the Mortgage by failing
to payoff the matured loan balance on February 8, 2008.
7. Defendant is the present record owner of the premises described in Exhibits "A"
and "B" and is the real owner of the premises.
8. No notice under Act 6 or Act 91 is required as the original principal balance was
in excess of $50;000.00 and the loan was not secured by the principal residence of the Defendant.
9. Under the terms of the Mortgage, if any payment of principal and interest is not
made when due or any other obligations of the Mortgage are not met, then the entire
indebtedness owing on the Mortgage obligation shall become due and payable immediately at the
declaration of Mortgagee.
10. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
11. The following amounts are presently due on the said Mortgage and Promissory
Note calculated to February 25, 2009:
Principal $6,519.84
Interest to 02/25/09 $ 5,160.81
(per diem of $0.77)
Other Charges $ 571.50
Reasonable Attorney fees 11,500.00
fixed by Plaintiff for
purposes of this Complaint
TOTAL: $14,752.15
WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of
$14,752.15 plus interest thereafter at the contract per diem from February 25, 2009, additional
late fees coming' due, actual attorney fees, costs and expenses against Defendant, Mortgagor and
real owner and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibits "A"
and "B."
Respectfully submitted,
EN, :ARIIC & SCHE
J
) ?l
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff,
Orrstown Bank
dab.dir/orrstown bank/fortney/com plaint. pld
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. This verification is signed by David A. Baric,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as
documents reviewed by the undersigned as attorney for Plaintiff. This verification will be
substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said verification. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unswom falsificat' s to authoritie
David A. Baric, Esquire
Dated: 3- to a I
X096 CSC 1 flm 9 29
UPSET PRICE SALE
lax Oflaim JIUMM lgrrb
Made this ......................1............... day of .............Ileaohee..ft6...,
betwden the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee,
GRA1#TOR, and .t?R PAS l1 F.4higt oldkla, I? olFntikHa.CautatDr, Panasylvaiia ...........................
...... ........................................................................................... Grantee
i+ that in consideration of $ ...... 7Li,QR ... in hand paid, receipt whereof is
hereby! acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, ...tea....
Eats PenacRT
heirs and assigns, the certain premises situate in ............. :........._ „„,,,,,,,,,,,,,..,,,
Cumberland County, Pennsylvania, as follows
tax pared M45-17-10443®7
see Appendix A for Legal Deserfptian
Owner 0 reputed owner as returned to said Bureau Tisaothy J. Bishop
216 Market Surat
West Fairview, PA 17025
the same having been sold by the Tax Claim Bureau to the said grantee, on the ............21.....,„....... day
of ...Navin.. ??m ............................... Anno Domini two thousand and ...........s'( K.................
after die advertisement according to law, the period of redemption for the payment of tax claims
g expired without the property having been redeemed, or any tax judgements heretofore having
been a tared against the described property having not been satisfied, or no agreement to stay the sale
of the ithfn described property having been entered into, or the within described real estate no longer
remaining in possession of a sequestrator, by Upset Price Sale.
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
?Alt Witness Xh9rt4 said Grantor has hereunto caused this Deed to be executed by its
Director the day and year first above written.
TAX CLAIM BUREAU OF
Signed, Sealed and Delivered CUMBERLAND COUNTY, PENNSYLVANIA,
to the presence of: RUSTE
A Al
................................................................................................ By ... (SEAL)
t
COMMONWEALTH OF PENNSYLVANIA
las:
COUNTY OF CUMBERLAND )) /?
,,??
On this. the ............... /?......................... day of ...... ...ae
FLLtl.l ................................,....., 20.DfP,
before robe, the Prothonotary of the County of Cumberland, the undersigned officer, personally appeared
Mellon F. Mixon
........... .............................................................................. Director of the Tax Claim Bureau of the County of
Cumber and. Commonwealth of Pennsylvania, known to me to be the person described in the foregoing
instrum nt and acknowledged that he executed the same in the capacity therein stated and for the pur-
poses t erein contained.
1L.• (Sss„ !(tEtOI, I have hereunto y hand an o cial seal._
>s010 eetttitttle t
"' - ;the precise residence of the grantee herein is as follows: ...............
ga, LLC; 871 B W. Man Street, Sbippaas`urg, PA 17257
..•......J " n '' .....„.......„ ............................. ...„.......„........?./.J.n//J?.......,..././.?....^....... ...................
$tephen.• . T11e......• ...a.....L.........?....?? ..................
EXh 1 b t0PbdW'County, A0wtWWAar3965
*Appendix 'A' Tax Parcel No 45-17-1044-307
Lepl Description
ALL that certain tract of land situate in East Pennsboro Twp. /West
wgh, Cumberland County, Pennsylvania, more particularly
bo ded and described as follows, to wit:
BBOI>R1 MO at the southeastern comer of Third and Market
Sheets in said Borough of West Fairview; near the line of the
Pennsylvania Railroad, formerly N.C.R.R.; thence by said Market Street
in an easterly direction sixty-seven (67) feet six (6) inches, more or less,
to the western line of a proposed highway constructed by the
Commonwealth of Pennsylvania, and known as Route No. 30; thence in a
southerly direction along the western line of said highway, forty-two (42)
feet five (5) inches, more or less, to land now or formerly of Donald L. &
Be -nice C. Barlup; thence in a westerly direction by same, thirty-nine
(3 ) feet more or less to a comer, thence. by same in a northerly direction,
thire (3) feet for a corner; thence continuing by same in a westerly
direction forty (40) feet to the aforementioned Third Street; thence in a
no-therly direction by said Third Street, thirty-nine (39) feet ten (10)
inches, more or less, to the place of BBGI>R MG.
EXCEPTING AND MIURVING, HOWDVZR, that portion of the
above described tract of ground as more fully set forth on the
D artment of Transportation `Schedule of Property Condemned'
(Dclaration of Taking) noted as Parcel No. 4, Claim No. 2103070, filed to
P t Plan Cabinet Drawer No. 1, Page 16, Sheet 12 of 14, and is more
y released and dedicated to the County of Cumberland by Nicola
G' i and Teresa M. Girardi, former owners, of that portion of the
a ve described tract, and as set forth more fully in released recorded
N ember 4, 1939 in Miscellaneous Book 72, Page 498.
RZNQ the same premises which Nicola Girardi, widower, by
Angelo Antonicelli, his attorney-in-fact, specially constituted by Power of
Attorney, by deed dated May 25, 1984 and recorded in the Office of the
Recorder of Deeds in and for the County of Cumberland, Pennsylvania in
Deed Book 30 R, Page 1112, granted and conveyed to Timothy J. Bishop.
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REALTY TRANSMR TAX
STATKIMENT Of VALUE
_RECORDER'S USE ONLY
Romrse 'for InNrnetions .»
wrapww each section o(Sd file m daplieate with Recorder of hee
t`71,ft eonsideratronor b gi _13 non ds wMn 1 tM furl volue%onrati in is not sein the dged, (2) when thdeed
1 faar Y • or ) o tax exemption. is dah"dA t of Valve is not required E tM transfor is
ano. if non is needed attadt additioeai :hest :. who?' ex? from tax
CORRES DENT - All inquiries- may bn Aacted Wtilts fopowi
SSa F. Mixell ' _ " mean:
240-6366
IL TR NSI<E R DATA
Arco Cede ( !
Carlisle PA Stage . 17013
Real Estate Holdings, LLC
216 Market Street
West Fairview, PA 11025
G 'PROPER LOCATION.
216 Market Street
Cumberland County
D VALUATI N DATA
? ?v.uu X
E . KXE JM001 DATA
871 B W. King Street
Shippensburg; PA 17257
id East Pennsboro/West Fairview
um
East Pennsbort? Area ox Pe
re ' 45-17-1044-307
" or $3,718.00
6. Fair a Va
1.14 s: $77;577.00
2. Chock APPmPwkft Bax Below for fxenrpfiaA Claimed
? Will-or intestate succession
? Transfer to Development Agency.
? Transfer to a trust. ',(Attach-complete copy of trust agreement identifying all beneficiaries.)
? Transfer between p ncipal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Ca rmonwealt the United
(if condemnation or in I(eu of States and Instrumentalities by gift, dedication, condemnation or in G
condom notion, attach copy of •resolution.) eu of condemnation.
? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number ------` Pa
? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.), ge Number
? Statutory corporate lconselidatioh, merger or division. (Attach copy of articles.)
? Other (Please explain exemption claimed, if other than listed above.)
and beNef, it a fie, ? ?h?ot (have examined
complete. this StatemenInd""
n aaempanying inf;ermotion, and to t6 best of my 6'Wiedge
er __
FAILtlR PLETE PROPERLY OR ATTACH APPLICABLE DOCUMEN i
TO RECORD THE DEED 6y
,
" UWLTEIN_TFi! R :ORDER'S REFUSAL
UPSET PRICE SALE IUGS C A(? 32
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??t ANW
eZhiS ;nUb Made this ..................... .... ........... day of ............ December 06 20.0.?,
between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee,
GRANTOR, and Unified Real Estate Holdings, LLC of Franklin County, Pennsylvania
......................................................... Grantee
Nifrles5eth, that in consideration of $......$3800.00
......... in hand paid, receipt whereof is
hereby acknowledged, the said Grantor does hereby grant and convey onto the said Grantee, ..their.....
heirs and assigns, the certain premises situate in Carlisle Borough
........................................
Cumberland County, Pennsylvania, as follows
tax parcel # 06-20.1798-247
see Appendix A for Legal Description
Owner or deputed owner as returned to said Bureau Marshall L. Washington
1660 Marley Avenue
Glen Burnie, MD 21060.6706
the same having been sold by the Tax Claim Bureau to the said grantee, on the ...........7.1..
............... day
of ..... Sd,ptember ,•,. ,.,
Anno Domini two thousand and ..... ym2e006of tax due advertisement according to law, the period of redemption for the paymenax claims
having expired without the property having been redeemed, or any tax judgements heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into, or the within described real estate no longer
remaining in possession of a sequestrator, by Upset Price Sale.
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
,?n Pitirie88 phereofr said Grantor has hereunto caused this Deed to be executed by its
Director the day and year first above written.
Signed, Sealed and Delivered
in the presence of:
COMM.ON\VEALTH 01' PENNSYLVANIA
COUNTY OF CUfklBl-RLA\D
TAX CLAIM BUREAU OF
CUMBERLAND COUNTY, PENNSYLVANIA,
?TRUSTE
It ctor
?ss:
On this. the ...........?.5 ......................... day of ........rot.fV4.!..........................................., 20..c
before me. the Prothonotary of the County of Cumberland. the undersigned officer, personally appeared
Melissa F. Mixell
struma Director of the Tax Claim Bureau of the County of
Cumberl 'ncl. Commonwealth of Pennsylvania, known to me to be the person described in the foregoing
m ?t and acknowledged that he executed the same in the capacity therein stated and for the pur-
poses theirein contained.
hereof, I have hereunto t my hand ?nd official seal.
.., 1./.... &?JI ?
MY COMMI1iY1110lISE c
?R? 4, 2010 (Irrttfirate of Ireiarnrr
Iih° b'y crfa that t6 precise residence of the grantee herein is as follows: ................................
tI " fled Real Estate A6ldings, LLC; 871 B W. King Street, Shippensburg, PA 17257
.. a
27? PACE 3994 ................................................................ ..................................................................... .
.......................................................................
?o?K 7
Stephen D. Tiley
EXhi b 1 tc,gAMand County, Assistant Solicitor
Appendix "A" Tax Parcel No 06-20-1798-247
Legal Description
ALL that certain ground situate on the North side of Lincoln
Street, in the Borough of Carlisle, Cumberland County, Pennsylvania,
more and particularly bounded and described as follows:
ON the North by property now or formerly of Carlisle Opportunity
Hoj nes, Inc., on the East by property now or formerly of the Annabell Day
Estate, on the West by property now or formerly of Cumberland Valley
Habitat for Humanity, and on the South by Lincoln Street, having fifteen
(15) feet in front on Lincoln Street and extending in depth at an even
width a distance of fifty (50) feet to the property now or formerly of
Carlisle Opportunity Homes, Inc.
HAVING thereon erected a two story frame dwelling, known as 153
Lincoln Street, Carlisle, Pennsylvania.
BEING the same premises which David Pegues, Jr. and Romaine F.
Pegues by deed dated November 1, 1993 and recorded in the Office of the
Recorder of Deeds in and for the County of Cumberland, Pennsylvania in
Deed Book P36, Page 1054, granted and conveyed to Marshall L.
Washington.
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COMMONWfAM OF
OVAUARW of
I AECORM S USE ONLY I
REALTY TRANWIR TAX
STATtM ICOF YAWS
tt?ttttaewta, M nnoto? See Revere for Indrudiem -1
Complete conch seeNon and to in dupiioate with' Reoardei of Heeds when (1) the full voiueleeaadwation is not set forth in the deed, (2) when the deed
ii without oh?nsiderGti;I w , or 3) a tax exemption is diihined. A Statewent of Volue k not r"W"d M the transfer is wholly exempt from tax
based on: M. relati or (2 Public u4tv isasen ent. If more sixice is needed Gooch admonal sheets .
A CORRRS NT -'All Inquiries may be din to the fedwiss n:
Name Telspbmu Number.
Melissa F. once)) Am cod. ( 717 240-6366
-S;w Address City- Sidi* p o
One Courdum *UsM Carlisle PA 17013
L TRANSFER DATA Deft of Aemq*mmm •
of Onvjw?-
Marthall L. Wash Unified Real Estdo Holdings, LLC
S" *W Address treet A
$718 WJ909 Sb1W
city State p. Code Stele Zip Code
Glen M 21 706 &hWWMWM. PA 17257
16 PROPl1[TT
Carlisle
05-20-1798-247
D YAWAT10" DATA
1. Ad" COO w:.
+ n nn I _
X 1.14 1 :
E EXEMPTION DATA
2:, Cheek Appropriate Boil Below for Exemption Claimed
? Will or intestate succession
jnawe of veasMt) vele.p
? Transfer to lndustria? Development Agency,
i
? Transfer to a trust. ((4ttach complete copy of trust agreement identifying all benefidariev.)
? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Co monwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
{If condemnation or In lieu of condemnation, attach copy of. revolution.)
? Transfer from mortg?gor to a holder of a mortgage in default. Mortgage Boric Number , Page Number
? Corr"ve or confiirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
? Statutory corporate tonselidatioh, merger or division. (Attach copy of articles.)
? Other (Please explai? exemption daimed, if other than listed above.)
Under peaahies of low, I declons, that i have examined lids Statement, 64weline anieen+persybsg brfermGtien, end to" beet of ray l eewlodge
mW b WW,. It and comic oe. .
eoa( 2'' PACEoG
FAI URE TO TH OPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN TH RECORDER'S REFUSAL
TO RECORD THE DEED.
:, yes 7
C v')
Parcel Identification
Number:
RECORDATION
REQUESTED BY:
ORRSTOWN BANK
KING STREET OFFICE
77 EAST KING STREET
SHIPPENSBURG, PA
17257
WHEN RECORDED MAIL
TO:
ORRSTOWN BANK
77 EAST KING STREET
P.O. BOX 250
SHIPPENSBURG, PA
17257
ROBERT P. ZIEGLER
P,,ECORDEP, OF DEEDS
f ;??aFF'L^Is? COUt:
2002 FEB 8 RM 10 46
a?
(*4? f?;n,
s
VV
R q OR N Y
MORTGAGE
Amount Secured Hereby: $160,000.00
T"IS MORTGAGE dated February 8, 2007, is made and executed between Unified Real Estate
Holdings, LLC of Franklin County, Pennsylvania, whose address is 871 West King Street,
ShipPensburg, PA 17257 (referred to below as "Grantor") and ORRSTOWN BANK, whose
address is 77 EAST KING STREET, SHIPPENSBURG, PA 17257 (referred to below as
"Liender").
GRANT OF MORTGAGE. For valuable consideration Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
lim ation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland
Colunty, Commonwealth of Pennsylvania:
See attached
Thp Real Property or its address is commonly known as 49 Subdivision Road, Newville, PA
17!241, 153 Lincoln Street, Carlisle, PA 17013 and 216 Market Street, West Fairview, PA
17025.
CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus
inte?est thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender
against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or
unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect,
determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be
liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, 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, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interiest in the Personal Property and Rents.
THI MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PER ONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (a) PERFORMANCE OF
AN AND All OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRM1CIpAL AMOUNT OF $160,000.00, THE
REL TED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TER LL ?S--:
GRAry70R'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
law or any other law which may prevent Lender from bringing any action against Grantor, including a claim for
deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
or coknpletion of any foreclosure action, either judicially or by exercise of a power of sale.
GRAOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at
Borr war's request and not at the request of Lender; (b) Grantor has the full power, right; and authority to enter into
this ortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a
defy It under any agreement or other instrument binding upon Grantor and do not result in a violation of any law,
regul lion, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from
Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
PAY ENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to
Lend r all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all
Borro er's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's
posse lion and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
BK 198 1 PG 4 5'0 3 Exhibit tt c rt
MORTGAGE
(Continued)
Page 2
C With Environmerna Laws. Grantor toe
G ntor's ownership of the Pro PreaeAIls and warrants to Lender that: 11) During the period of
release or threatened release of eany Hezar ous Substsnce ??rmanyas ?' manufacture, storage, treatment, die
n erry
on, under, about or from the Property;
12 Grantor has no knowledge of, or reason to believe that there has bean. , u t as p
ac nowledged by Lender in writing, (a) any breach or violation of any Environmental Previously dialN sa nY use
ge ration, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
on under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
IN stened litigation or claims of any kid by any person relating to such matters; and 13) Except as previously
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
au horized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Su tance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
En 'ronmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
ins coons and tests, at Grantor's expense, as Le
r rty with this section of the Mo
P nder may deem appropriate to determine compliance of the
pu.1_ ses only and shall not be construed ttooacre a anyresponsibi tytor liab ety oon the part of Lelndeer toot antor or Lendr's
in ny other person, The representations and warranties contained herein are based on Grantor's due diligence in
inv stigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
a9 nst Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
an such laws; and (2) agrees to indemnity, defend, and hold harmless Lender against any and all claims, losses,
liab lies, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
a b ,each of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
die osal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether
or of the some was or should have been known to Grantor. The provisions of this section of the Mortgage,
incl ing the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in
the roperty, whether by foreclosure or otherwise.
ance, Waste. Grantor shall not case, conduct or permit any nuisance nor commit, permit, or suffer any
stri ping of or waste on or to the Property or any portion of the Property, without limiting the generality of the
for ing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
oil a gas), coal, clay, scoria, soil, grave( or rock products without Lender's prior written consent.
R val of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property consent Gra or to ender make prarrangemenior
sa sfactory to Lenderrto reto the removal of any Improvements, place such Improvements with Improvements of at least
equ value.
La is Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reas nable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
com liance with the terms and conditions of this Mortgage.
Com 4ance with Governmental Rsquirern•mts 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
Pro rty, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any
such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
so k ii Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety
bond, reasonably satisfactory to Lender, to protect Lender's interest. ther to
unatte
the
rty. aactss,, n addPt do to tthoseracttsaa t forth above inntdhis ect oen,awh ch from the character a druseoof hel Po all other
reaso ably necessary to protect and preserve the Property. P rty are
DUE ON S LE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
secured b this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, r any interest in the Real Property, A "sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright as e, deed, installment sale contract, lad contract, contract for deed, leasehold interest with a term greater
than three 3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holdi g title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any
Grantor is corporation, partnership or limited liability company, transfer also includes any change in ownership of more
than twent -five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the
case may , of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by
federal law or by Pennsylvania law.
TAXES AN LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payme rat. Grantor shall pay when due (ad in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assess ents, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims or work done on or or services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments
not d as further specified in he Right to Contest paragraph.
Right t Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest in he Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed,
within ifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
result a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall
satisfy tiny adverse judgment before enforcement against the Property. Grantor shalt name Lender as an additional
obligee nder any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or asset sments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
stateme it of the taxes and assessments against the Property.
Notice Construction. Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lie could be asserted on account of the work, services, or materials. Grantor will upon request of Lender
;
BK 198 1 PG45.04
MORTGAGE
(Continued) Page 3
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such
coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business
interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and
in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage
from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of
ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to
give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of
Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the
Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a
special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45
days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid
principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may
make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
',shall be used first to?pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the
remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after
payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on insurance, Upon request of Lender, however not more than once a year, Grantor shall furnish
to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks
insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such
property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon
request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost
of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in
the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but
not
th is linited to
gage or anyrRe Related Documents, Lender on Grantor's behalf may but shall notgberobligated to) discharge
any action
that antler deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring,
mainilaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then
bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
demahd; (B) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of
the N?te; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also ill secure payment, of these amounts. Such right shall be in addition to all other rights and remedies to which
Lend r may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any
mortg ge foreclosure judgment.
WARNTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortg ge:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple,
flee and clear of all liens and encumbrances other than those set forth in the Real Property description or in any
title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection
with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to
Lander.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
ti le to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
t at questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
pIrticipate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
G antor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
tol permit such participation.
?¢mpgance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
e)* . sting applicable laws, ordinances, and regulations of governmental authorities.
St'rvival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in
this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall
reilnain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Pr eedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
me the party
Gr ntor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
such
Proceed
Lender shall be entitled to red a en edinrthe inalproc eding by counsel, of is own choice, and Grantor will d1elvector cause t o be delivve to boa
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
pa ticipation.
on
1981 PG4505
MORTGAGE
(Continued)
Page 4
A?PMCatlon of Net Proceeds. If all or any part of the Property y proceeding or purchase in lieu of condemnation, Lender may at its en tion require that allaor any Portion or by
net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. proceeds of the award shall mean the award after any Portion , the
incurred by Lender in connection with the condemnation.
payment of all actual costs, expenses, and attorneys hefees
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENge:TAL AUTHORITIES. The following
to gov mmental taxes, fees and charges are a part of this Mortga
Current Taxes, Fees and C 9 Provisions relating
such documents in to
thi Mortgage and take whath ev9ees other action?IS requested eby den ? toapertectuand continue Lender's additionlien on the
Re I Property. Grantor shall reimburse Lender for all taxes, as described below, together with all ex
in urred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recordin or registering this Mortgage.
Taxes. The following shell constitute taxes to which this section applies: (1) a specific tax upon this t
M rtgage or upon all or any part of the Indebtedness secured by this Mortgage; (2)) a specific tax on Borrower
wh ch Borrower is authorized or required to deduct from type of
Mo gage; (3) a tax on this type of Mortgage chargeable gainstnthe Lon the ender l or heeholder of the Note; alndty(4) oa
sp cific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Su?saquent Taxes. If any tax to which this section applies thin event shall have the some effect as an Event of Dfaultyand Lender may exeresehany ore all ofits a ailable
re edies for an Event of Default as provided below unless Grantor either (1) pay the tax before it becomes
deli quent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cas or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreeme t are a part of this Mortgage:
Sac t Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
con titutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as i ended from time to time.
Sec Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and ontinue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage
in t real property records, Lender may, at any time and without further authorization from Grantor, file executed
cou terparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
for I expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall ,
save or detach the Personal Property from the Property not remove
. Upon default, Grantor shall assemble any Personal
Pro rty not affixed to the property in a manner and at arplace reasonably, convenient to Grantor and Lender and
malt it available Lender within three (3) days afte receipt of written demand from Lender to the extent
perm tted it by applicable law.
Addy saes. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
conc ruing the security interest granted by this Mortgage may be obtained (each as required by the Uniform
Corn ercial Code) are as stated on the first page of this Mortgage.
FURTHER SSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional uthorizations are a part of this Mortgage:
Furth r Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
delive , or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lend e', cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and p aces as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agree ents, financing statements, continuation statements, instruments of further assurance, certificates, and
other ocuments as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfe , continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the
Relate Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on
the Pr party, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to
the co trary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the
matte referred to in this paragraph.
Additl will Authorizations. If Grantor fails to do any of the things referred to in the precedin
may d so for and in the name of Grantor and at Grantor's expense. For such g Paragraph, Lender
purposes , Grantor hereby
irrevoc bly authorizes Lender to make, execute, deliver, file, record and do all other things as may desira le, in Lender's sole opinion, to accomplish the matters referred to in the y necessary or
preceding
understood that nothing set forth herein shall require Lender to take any such actions. paragraph. It is
FULL PERFORMANCE. If Borrower and Grantor a all the Indebtedness when due, and Grantor otherwise
the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable
satisfaction of this Mortgage and suitable statements of termination of any financing statement on files evidencing
Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this
Mortgage:
Payma Default. Borrower fails to make any payment when due under the Indebtedness.
Default in Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
taxes o insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Other faults. Borrower or Grantor fails to comply with or to
conditio contained in this Mortgage or in any of the Related Documents oryto compl termy with orbt?o perfo covenant or
obligati , covenant or condition contained in any other agreement between Lender and Borrower porfGrantor. term,
False S ements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor
or on B rrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any
material respect, either now or at the time made or furnished or becomes false or misleading at any time
thereaftr.
Defecti CoNateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect
(includi failure of any collateral document to create a valid and perfected security interest or lien) at any time and
for any r ason.
9(1 1981PG4506
MORTGAGE
(Continued) Page 5
Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any
member withdraws from the limited liability company, or any other termination of Borrower's or Grantor's
existence as a going business or the death of any member, the insolvency of Borrower or Grantor, the appointment
of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type
of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
against Borrower or Grantor.
Creditor or Forfeitwe Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any
governmental agency against any property securing the Indebtedness. This includes a garnishment of any of
Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim
which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of
the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the
dispute.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between
Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without
limitation any agreement concerning any indebtedness or other obligation of Borrower or 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 parry of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the
guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
Lender, and, in doing so, cure any Event of Default.
Adverse Change. 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 any default, other than a default in payment is curable and if Grantor has not been given a notice
of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if
Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within
fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender
deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
WITS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
n dies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the
roperty and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and
bove Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or
ther user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by
ender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name
f Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in
esponse to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any
roper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,
y agent, or through a receiver.
ppoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
e Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
ale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
r ceivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right
t the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
J diciai Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
operty.
P session of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes
a d empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney
f r Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent
court an amicable action in ejectment for possession of the Property and to appear for and confess judgment
a ainst Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of
possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage
verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith,
w thout any prior writ or proceeding whatsoever.
N niudicial Sale. If parmitted by applicable law. Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by non-judicial sale.
ficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided in this section.
ronancy at Sufferance. If Grantor remains in possession of the Pro
ve or Lender otherwise becomes entitled to
possession of the Property perty aft upon after the default Property of Grantor, Grantor shall
e ome a tenant at sufferance of Lender or the purchaser of the Pro is said , provided
a a reasonable rental for the use of the Property, or 2 PertY and shall, at Lender's option, either (1)
e der. 1) vacate the Property immediately upon the demand of
t er Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available
aw or in equity.
BK'i 981 P64507
MORTGAGE
(Continued)
Page 6
Of the Property. To the extent permitted by applicable law, Borrower and Grantor h ereby waive any and all
61
rig t to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any
pa of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any portion of the Property.
Nok ill of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
Pr perty or of the time after which any private sale or other intended disposition of thegiven Personal at Pro leas least is
me Unless otherwise required by applicable law, reasonable notice shall mean notice
)
days before the time of the sale or disposition. Any sales the Personal Property y '
ten to (1 b 01
any( sale of the Real Property, may be made in conjunction with
Elm ion of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
an lection to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after
Gra tor's failure to Perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing
un r this Mortgage or otherwise shall be construed so as to limit or restrict the right and remedies available to
Le at following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed
dire tly against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to
pro sed against any other collateral directly or indirectly securing the Indebtedness.
A mays' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Len er shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upo any appeal. Whether or not any court action is involved, and to the extent not
prohibited reaa nable expenses Lender incurs that in Lender's opinion are necessa at an time for the
inte st or the enforcement of its right shall become a part of the Indebtedness payable on demand and shall Nbear
trite st at the Note rate from the date of the exs necessary any protection of its
l
covered ,
with ut limitation, however subject to any limit underrapplicablee w,E e?e$ attorneys'yfee1s and paragraphLender'sincludelegal
ex es, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruPtc y proceedings
colli ding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
cone hon services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
repo s, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any
cou 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 shall be
given in riting, and shall be effective when actually delivered, when actually received by telefecslmile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the Uni ed States mail, as first class, certified or registered mail
near the ginning of this Mortgage. All copies of notices of foreclose eafrom the prepaidholder ofeany lien whcrh has priority
over this Mortgage shall be sent to Lender's address, as shown near the beginning of his Mortgage. An
party change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying
the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Le der
informed t all times of Grantor's current address. Unless otherwise provided by applicable law, if there s more than
one Grant r, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLA EOUS PROVISIONS. The following
11 . This Mortgage, together with any Related Documents, constitutes he emigre, udersti ding and
agree
as to the matters set forth in his Mortgage. No alteration of or amendment to this
Mortgage shall be effective
agreement of the parties unless given in writing and signed by the party or parties sought to be charged or
bound by the alteration or amendment.
Anne Reports, If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to
Lender, upon request, a certified statement of net operating income received from the Property during Grantor's
previo is fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
receipts from the Property less all cash expenditures made in connection with the operation of the Property.
Capticie Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Joint arid Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,
and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each
and every Borrower. This means that each Grantor signing below is responsible
Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is
not necessary for Lender to inquire into the for all obligations in this Mortgage.
agents cting or purporting to act on the entity'sebehalf, and any b obligations directors,
created in a ance uponother
profess d exercise of such powers shall be guaranteed under this Mortgage.
he
No We! r by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such writing a
signed ha I or rate asia waiver ofnsuch r ghtt or arnyyeotheroright delay Arwa ver by Lon the part of Leer in ender of proviis on of this exercising gage shall
not prej ice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or
any oh r provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and
Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transact ons. Whenever the consent of Lender is required under this Mortgage, he granting of such consent by
Lender i any instance shall not constitute continuing consent to subsequent instances where such consent is
required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Severab ity, If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or
unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
that it comes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or
unenforc ability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other
provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in he Property at any time held by or for the benefit of Lender in any capacity, without the written consent
e Lender.
SSuccess oF Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
represent tives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is o1" the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
BK11981 PG4508
MORTGAGE
(Continued) Page 7
Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
m ney of the United States of America. Words and terms used in the singular shall include the plural, and the plural
shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall
ha? a the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Dennis A Fortney, Jr. and includes all co-signers and co-makers signing
the Note and all their successors and assigns.
Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the
events of default section of this Mortgage.
Grantor. The word "Grantor" means Unified Real Estate Holdings, LLC of Franklin County, Pennsylvania.
liI Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
petroleum by-products or any fraction thereof and asbestos.
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 under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without
limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision
of this Mortgage.
Lender. The word "Lender" 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 February 8, 2007, in the original principal
mount of $160,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications
f, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
he Note is February 8, 2008. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
ersonal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
roperty now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
gether with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
roperty; and together with all proceeds (including without limitation all insurance proceeds and refunds of
remiums) from any sale or other disposition of the Property.
roperty. The word "Property" means collectively the Real Property and the Personal Property.
sell Property. The words "Real Property" mean the real property, interests and rights, as further described in this
ortgage.
loelated Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
greements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
eeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
xisting, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
her benefits derived from the Property.
8K' 198 t P64 509
MORTGAGE
(Continued)
Page 8
GRAfMTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES
TO IT?g TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW,
GRANTOR:
UNIFY{D EAL T HOLDINGS LLC OF FRANKLIN COUNTY, PENNSYLVANIA
By:
^ Y. Jr. • of Unified Real Estate HSeaq
Frfnki vl el?ngs, LLC of
1 ; (Sad-d Real Estate Holdings, LLC of Franklin
ins sole
?7 k
ackfNl , amb o (Beall
arty, Penns yb •a sd ea Estate Holdings. LLC of
kdged m the presence of:
CERTIFICATE OF RESIDENCE
I hereby Icertify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows:
KING STREET OFFICE, 77 EAST KING STREET, SHIPPENSBURG, PA 17257
At omey r Agent for Mortgagee
uml l Itu LIABILITY COMPANY ACKNOWLEDGMENT
COMMOf}WEALTH OF PENNSYLVANIA
COUNTY OF L / ISS
p ????III 1
O t is, the p ?L day of / Q
Penns rL a"y , 20 ?, before me
ember; uben Moore, the undersigned Notary Pu lc, personally appeared
Member; Vkree
is Member of Unified Reel
who
, acknowledged themse m lves to be Stackfield, the members or designated Eesg lefts of U Mnifi•d M Dennis pw A FklorintneyCo ,h„
unty
LLC of County, ledge them se Linked Liab
3ing ility Company, and that they as such members to desiHolding , for
purposes thern co ned by signing the
the name of t e ei Limited Liability Company by themselvesgas members or?des* netgd agents.
In ' ass whereof, I hereunto set my hand and official seal,
C MONWEALTH OF PENNSYLVANIA
Notarial Seel -u? /'
Andrew H. Shaw p
CarYtle 6oro, Cu Ct>taMy Notary Public in and for the State of
C°m^lissp^ EWkres Oct. 24, 2010
Me r, Pennsylvania Asaociahon of Netari..
BK X198 1 PG 4 510
EXHIBIT A
ALL that certain tract of land situate in Upper Mifflin Township, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern right-of-way line of Township Road T-397, thence
along land now or formerly of Kenwood Losh, North 33 degrees 00 minutes West
575.98 feet to a point; thence by same, North 60 degrees 19 minutes 03 seconds
East 300.00 feet to a point; thence by land now or formerly of Victor e. Whitten, Jr.,
South 33 degrees 08 minutes 39 seconds East 584.95 feet to a point; thence along
the northern right-of-way line of Township Road T-397, South 62 degrees 00 minutes
West 302.12 feet to the place of BEGINNING.
CONTAINING 4.00 acres, more or less and being Lot No. 1 of Subdivision Plan for Victor
E. Whitten, Sr. and Victor E. Whitten, Jr. recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Plan Book 44, Page 136.
UK1981PG45I I
Tax Parcel No 06-20-1798-247
Lepl Description
ALL th it certain ground situate on the North side of Lincoln
Street, in the Borough of Carlisle, Cumberland County, Pennsylvania,
more and part, cularly bounded and described as follows:
ON the orth by property now or formerly of Carlisle Opportunity
Homes, Inc., o the East by property now or formerly of the Annabell Day
Estate, on the West by property now or formerly of Cumberland Valley
Habitat for Humanity, and on the South by Lincoln.Street, (15) feet in front on Lincoln Street and extending in depth at an even
width a dis ce of fifty (50) feet to the property now or formerly of
Carlisle Oppo ity Homes, Inc.
HAVING (thereon erected a two story frame dwelling, known as 153
Lincoln Street, Carlisle, Pennsylvania.
BEING the same premises which David Pegues, Jr. and Romaine F.
Pegues by deed dated November 1, 1993 and recorded in the Office of the
Recorder of Deeds in and for the County of Cumberland, Pennsylvania in
Deed Book P35, Page 1054, granted and conveyed to Marshall L.
Washington.
Dy 198 A1'5
Tax Parcel No 45-17-1044-307
LOW Description
ALL that i certain tract of land situate in East Pennsboro Twp. / West
Cumberland County, Pennsylvania, more particularly
bounded and d Tscribed as follows, to wit:
BEG
Streets in sal G at the southeastern corner of Third and Market
Borough of West Fairview, new th
li
f
Pennsylvania R e
ne o
the
ailroad, formerly N.C.R.R.; thence by said Market Street
in an easterly ection sixty-seven (67) feet six (6) inches, more or less
to the wester,
Commonwealth ,
line of a proposed highway constructed by the
of Pennsylvania, and known as Route No. 30; thence in a
southerly direc on along the western line of said highway, forty-two (42)
feet five (5) inch es, more or less, to land now or formerly of Donald L
&
Bernice C. Bark .
p; thence in a westerly direction by same, thirty-nine
(39) feet more o less to a corner; thence. by same in a northerly direction
three (3) feet f
direction forty ( ,
r a corner; thence continuing by same in a westerly
0) feet to the aforementioned Thi
d S
northerly direc ' r
treet; thence in a
on by said Third Street, thirty-nine (39) feet ten (10)
inches, more or ess, to the place of BXGEff* NG.
EXCE
above described G AND RESERVING, > 0VZV1W that portion of the
tract of ground as
f
Department of more
ully set forth on the
Transportation "Schedule of Property Condemned"
(Declaration of T
Plat Plan Cabine g) noted as Parcel No. 4, Claim No. 2103070, filed to
t Drawer No. 1
Page 16
Sheet 12
f 14
fully released ,
,
o
, and is more
d dedicated to the County of Cumberland by Nicola
Girardi and Ter sa M. Girardi, former owners, of that portion of the
above described act, and as set forth more fully in released recorded
November 4, .193 in Miscellaneous Book 72, Page 498.
BEING th
Angelo Antonicel same premises which Nicola Girardi, widower, by
, his attorney-in-fact, speciall
c
tit
Attorney, by dee y
ons
uted by Power of
dated May 25, 1984 and recorded in the Office of the
Recorder of Deed in and for the County of Cumberland, Pennsylvania in
Deed Book 30 R, age 1112, granted and conveyed to Timothy J. Bishop.
I Certify this to be recorded
In Cumberland County PA
?{S 3 rtV
0V 198 ` t o aj ?} r..,
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S" C
i
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
V.
UNIFIED REAL ESTATE
HOLDINGS, LLC
871-B WEST KING STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 1408 CIVIL TERM
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Complaint filed in this matter on
March 6, 2009.
Date: March 17, 2009
Respectfully submitted,
O'BRIEN, BARIC & SCHE R
If' David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
YMO ATION
I, Linda Mowen, verify that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to
Date: z I 706-?
Assistant Vice President
Loan Workout & Collection Manager
Orrstown Bank
r"
r-?
G .,mss _..t
p. w
Sheriffs Office of Cumberland County
R Thomas Kline otrur,p?f?? Edward L Schorpp
Sheriff'' Solicitor
r?
Jody S Smith
Ronny R Anderson "E :-Ee 4 Civil Process Sergeant
Chief Deputy SHERIFF'S RETURN OF SERVICE
03/13/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Unified Real Estate Holdings, LLC, but was unable to Iocat(
them in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within
Complaint In Mortgage Foreclosure according to law.
04/03/2009 02:50 PM - Franklin County Return: And now April 3, 2009 at 1450 hours I, Dane Anthony, Sheriff of
Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complain
in Mortgage Foreclosure, upon the within named defendant, to wit: Unified Real Estate Holdings LLC by
making known unto Rueben Moore, adult in charge at 871-B West King Street, Shippensburg, Franklin
County, 17257 its contents and at the same time handing to him personally the said true and correct copy
of the same -
SHERIFF COST: $37.44
May 11, 2009
2009-1408
Orrstown Bank v Unified Real Estate Holdings
n n
1
r? ?'
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
NO. 2009- 1408 CIVIL TERM
V.
UNIFIED REAL ESTATE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
HOLDINGS, LLC MORTGAGE FORECLOSURE
871-B WEST KING STREET
SHIPPENSBURG, PA 17257
Defendant
PRAECIPE TO ENTER DEFAULT JUDGMENT
PURSUANT TO Pa.R.C.P.1037
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendant,
Unified Real Estate Holdings, LLC, for failure to file an answer to the Complaint of Plaintiff.
A true and correct copy of the Notice of Default is appended hereto as Exhibit "A."
A true and correct copy of the Certificate of Mailing for the Notice of Default is 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 $14,752.15 as set forth in the Complaint
together with interest of $53.13 to May 5, 2009 with a per diem of $0.77 for a total of
$14,805.28.
Respectfully submitted,
j,?JO'BRIEN, RIC ERER
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
V.
UNIFIED REAL ESTATE
HOLDINGS, LLC
871-B WEST KING STREET
SHIPPENSBURG, PA 17257
Defendant
TO: Unified Real Estate Holdings, LLC
871-B West King Street
Shippensburg, PA 17257
Date of Notice: April 23, 2009
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 1408 CIVIL TERM
CIVIL ACTION-LAW
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
B C A RER
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
(717) 249-6873
EXHIBIT "A"
N ?O?.POSTA?E
N
O 1 1
I
M
C7 a
O
POSTAUA 291304
EXHIBIT B
3
4,
CERTIFICATE OF SERVICE
I hereby certify that on May 19, 2009, 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 party listed below, as follows:
Unified Real Estate Holdings, LLC
871-B West King Street
Shippensburg, Pennsylvania 17257
David A. Baric, Esquire
R LE 1"11C
r. _,
00 d a<<
ti?4;< < /. ,a ) r e- I
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
V.
UNIFIED REAL ESTATE
HOLDINGS, LLC
871-B WEST KING STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 1408 CIVIL TERM
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Unified Real Estate Holdings, LLC
871-B West King Street
Shippensburg, Pennsylvania 17257
Notice is hereby given to you of entry of a judgment against you in the above matter.
S/ a"t X. 0&1
Prothonotary 77
Date: ? ? 02.0 a(? j ?/
ii
'f
.~.
i
ORRSTOWN BANK 1N THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257,
Plaintiff,
NO.2009- 1408 CIVIL TERM
V.
c-,
r ^,
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'
__
CIVIL ACTION-LAW -..
,=
'
-~
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UNIFIED REAL ESTATE _
`= " ~ ~ ~"~~
~~
HOLDINGS, LLC MORTGAGE FORECLOSURE ~ ~'
871-B WEST KING STREET
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SHIPPENSBURG, PA 17257
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Defendant „
~ `~ `~`'
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PRAECIPE TO REASSESS DAMAGES
TO THE PROTHONOTARY:
Please reassess Plaintiff's damages in the above-captioned matter as follows:
Principal $ 7,856.19
Interest to 02/08/08 $ 5,460.46
(per diem of $0.92)
Attorney fees $ 5,930.75
TOTAL: $19,247.40
Respectfully submitted,
B SCHERER
v
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
~ I'F. ob Pp ATN
~~ I S'109
RTC x37819
~~~~ ~
.~i.~
CERTIFICATE OF SERVICE
I hereby certify that on February 18, 2010, I, David A. Baric, Esquire of Baric Scherer, did
serve a copy of the Praecipe To Reassess Damages, by first class U.S. mail, postage prepaid, to the
party listed below, as follows:
Unified Real Estate Holdings, LLC
224 Gettle Road
Shippensburg, Pennsylvania 17257
David A. Baric, Esquire
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson Fly !"D-'~`~ ~r
Sheriff ~ {~~ T~;'-' r' .. +~TARY
~~
z ~~'p .~( ~ izt~~r ~
Jody S Smith ~?~'° .y.
Chief Deputy v Z~ i0 ~a.~Z ~2 pf-1 `~ 4 6
Edward L Schorpp
Solicitor
~,~. _:
C U J r c ~ i e,
Orrstown Bank
vs.
Unified Real Estate Holdings LLC
Case Number
2009-1408
SHERIFF'S RETURN OF SERVICE
10/02/2009 02:55 PM -Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on 10/2/09 at
1453 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 Unified Real Estate Holdings, LLC, located at, 153 Lincoln
Street, Carlisle, Cumberland County, Pennsylvania according to law.
10/06/2009 04:50 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10/6/09 a1
1745 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 Unified Real Estate Holdings, LLC, located at, 216 Market
Street, West Fairview, Cumberland County, Pennsylvania according to law.
11/16/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Unified Real Estate Holdings, LLC, but was unable to
locate them in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve
the within Real Estate Writ, Notice of Sale and Description according to law.
11/16/2009 Franklin County Return and now the, 10th day of November, 2009, was unable to serve the within Real
Estate Writ, Notice of Sale and Description upon unified Real Estate Holdings, LLC, the defendant, is no
longer in business at address provided, did not leave a forwarding address with the post office. So
Answers: Randy D. Stroble, Deputy Sheriff of Franklin, County, Pennsylvania.
12/07/2009 Property sale postponed to 3/3/2010.
12/11/2009 Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 12/07/09 at 1331
hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled
action, upon the within named defendant, to wit: Unified Real Estate Holdings, LLC, by making known
unto, Vincent Stackfield, President, personally, at, 224 Gettle Road, Shippensburg, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
03/03/2010 Real Estate Sale for: 216 Market Street, West Fairview, continued to 4/7/10 per announcement made by
Attorney David Baric at the March 3, 2010 sale.
03/03/2010 Ronny R. Anderson, 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, 153 Lincoln Street, Carlisle,
PA 17013 at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on
March 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $22,510.00 to Horizon Residential
Loan Servicing, LLC, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $
24.078.44.
03/11/2010 Property sale postponed to 4/7/2010.
04/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, in reference to 216 Market Street, West Fairview, PA, per letter of instruction from Attorney
David Baric on 4/1/10, however property located at 153 Lincoln Street, Carlisle, PA still remains active on
writ.
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SHERIFF COST:' $1,809.30
April 13, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
V.
UNIFIED REAL ESTATE s
HOLDINGS, LLC
871-B WEST KING STREET
SHIPPENSBURG, PA 17257
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 1408 CIVIL TERM
CIVIL ACTION-LAW -- !.,
om'
MORTGAGE FORECLOSURE t
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PRAECIPE TO VACATE
Kindly mark the judgment entered in the above matter on May 20, 2009 as vacated
without prejudice.
Respectfully submitted,
BARIC SCHERER
AA
Date: March 30, 2011
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
C?I'ka .'eo PA a ll-
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CERTIFICATE OF SERVICE
I hereby certify that on March 30, 2011, I, David A. Baric, Esquire of Baric Scherer, did
serve a copy of the Praecipe To Vacate, by first class U.S. mail, postage prepaid, to the party
listed below, as follows:
Unified Real Estate Holdings, LLC
871-B West King Street
Shippensburg, Pennsylvania 17257
d&ZI, i I
David A. Baric, Esquire