Loading...
HomeMy WebLinkAbout09-4409 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ]PENNSYLVANIA NO. 2009- L/'/0 y 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. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants IN THE COURT OF COMM-ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- LI yO q 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, Thomas J. Ahrens, is an adult individual residing at 2112 Foxfire Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Defendant, Christine M. Ahrens, is an adult individual residing at 2112 Foxfire Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. By Deed dated March 23, 2004, KDR Services, LLC conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Thomas J. Ahrens and Christine M. Ahrens. This Deed was recorded in the Cumberland County Record Book 261, Page 4737, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On or about June 21, 2005, Thomas J. Ahrens and Christine M. Ahrens 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 June 23, 2005, at Cumberland County Record Book 1911, Page 150, 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 April, 2009, 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 $219,000.00 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 June 16, 2009: Principal $669,487.90 Interest to 06/16/09 $ 10,502.34 (per diem of $120.69) Late Charges $ 521.52 Other Charges $ 55.00 Attorney fees $ 33,474.39 (to sheriff's sale set by Plaintiff as 5% of principal debt for this Complaint) TOTAL: $714,041.15 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $714,041.15 plus interest thereafter at the contract per diem from June 16, 2009, 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, OT?IEN, BARIC & SCHEF 61Q? 1? 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/orrstownbank/ab rens/foreclosurecomplaint.pld 06/16/2009 12:52 7172495755 OBS PAGE 11 VEER ICATION The statements in the foregoing Complaint are based upon information that has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information that I have given to my counsel, they are true and correct to the best of my knowledge, information., and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsifications to authorities, DATE: - f "' Pn t( - '/P Alan, Patton Vice President-Orrstown. Bank ?S'E'%T F, ?IEv) LER c,. (1 ? 7 F DEll, l: r DEEDS CCU .j i i?3fl 3 RM 11 OG SPECIAL WARRANTY DEED Parcel No.: 42-27-1890-037 THIS DEED is made the 1 st day of March, 2004, between KDR SERVICES, LLC, a Pennsylvania limited liability company, party of the first part, hereinafter designated as the "Grantor," AND THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, party of the second part, hereinafter designated as the "Grantee." VVITNESSETH, that the Grantor, for and in consideration of the sum of one Hundred Thirty Thousand and 00/100 Dollars (S 130,000.00) and other good and valuable consideration, lawful money of the United States of America, well and truly paid by the Grantee to the Grantor, at or before the sealing and delivery of these presents, the sufficiency and receipt of which is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed and, by these presents, does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the Grantee, its successors and assigns forever: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the eastern line of Mayfield Road with the centerline of Gettysburg Pike; thence along the eastern line of Mayfield Road. North 26 degrees 00 minutes 41 seconds West 149.2 feet to a point; thence North 36 degrees 1 minutes 19 seconds East 10 feet to a point; thence along the Eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 67.93 feet to a point; thence North 36 degrees 1 minutes 19 seconds East 10 feet to a concrete monument; thence by same bearing North 36 degrees 1 minutes 19 seconds East 173.3 feet to a concrete monument; thence South 52 degrees 11 minutes 41 seconds East 128.1 feet to a concrete monument; thence South 40 degrees 8 minutes 41 seconds East 44.3 feet to a point; thence by same bearing, South 40 degrees 8 minutes 41 seconds East 25 feet to a point in the center of Gettysburg Pike; thence along the centerline of Gettysburg Pike South 37 degrees 9 minutes 1 second West 65.95 feet to a point; thence along said centerline South 36 degrees 38 minutes 29 seconds West 208.65 feet to a point at the intersection of the centerline of Gettysburg Pike and the eastern line of Mayfield Road, the place of BEGINNING. BEING THE SAME PREMISES which Dennis L. Burd, by deed dated February 25, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on February 27, 2003, in Record Book 255, Page 4452, granted and conveyed unto KDR Services, LLC, Grantor herein. 292934 EXHIBIT "A" f 6t,,, 261, I-) -- 7Z UNDER AND SUBJECT to such easements, covenants and restrictions as are set forth in prior instruments of record or apparent from the premises. TOGETHER with all and singular the improvements, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever, both in law and equity, of the Grantor, of, in, to or out of the premises herein described and every part and parcel thereof. TO HAVE AND TO HOLD the said piece or parcel of ground, with all and singular the herein described improvements together with the hereditaments and appurtenances herein described unto the Grantee, its successors and assigns, to and for the proper use and behoof of the Grantee, its successors and assigns, UNDER. AND SUBJECT AS AFORESAID. AND the Grantor does by these presents covenant that, except as may be herein set forth, it does and will forever WARRANT SPECIALLY and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of. Grantor: ita ss 1?z KDR SERVICES, LLC By: Kenneth D. Rigby, Sole nber ~ M Crf M ? ? A , - r R+ +e t-s ,,, e-s r*+ tt-rra1t ti-y rn mm ipu Ln C7 c r : +?.C+ -7ep 1 t 1 ^L•••• tY i y PC Mc la r.,. R'tCrt r7rn--.r? a w -y ?' ,". ? 4 et t 3=6 -4 r V » -'d r IC: 4 L i O z y T? M cY c+;, r•- - ?' v ro .. in Z C . ` . -'+-t trl rt + ' C ? rr7 N c i r.r. 1 U7 w CMi yrr ?n. P J R7 C?Cp t w, J Ot--? d O?C7 F+ ? pp •J?pK7GGI7o 00 Ln Git 0 0 0 ©ca a Q C7 t BOOK 261 PA-47 1 , 8 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF SS: On this, the 1 st day of March, 2004 before me, a notary public, the undersigned officer, personally appeared Kenneth D. Rigby, who acknowledged himself to be the sole member of KDR Services, LLC, a Pennsylvania limited liability company, and that he as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the company by himself as its sole member. WITNESS my hand and seal the day and year aforesaid. w' p otaryPublic (SEAL) I HEREBY CERTIFY that the precise address of the Grantee herein is: 562-1 4 !fX L! jE MFtNhr??Lt, -? P!Q 17fJ?D A mey or Agent for Grantee COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) SS: } Recorded on this day of A.D. 2004 in the Recorder's Office of the said County in Record Book P T Certify this to bed dr'd§a-----' Given IsYt?a0?dlQtsf the said Office, the date above written. Recorder Recorder of Deeds -3- 261 ?A.ru-t 739 F KUIVI1bSUKY NUT. Principal Loan Date R7tatt)rity Loan No Calf / CoIE ACCOIlr11 Officer ;I+1iti81S $70q.,U00.00 Ofi-23:200??.:: 1E 13©c AOQ!U rah M13W L References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " has been omitted due to text length limitations. Borrower: THOMAS J AHRENS (SSN: 150-72-6168) Lender: ORRSTOWN BANK CHRISTINE M AHRENS (SSN: 106-60-6717) SILVER SPRING OFFICE 2112 FOXFIRE DRIVE PO BOX 250 MECHANICSBURG, PA 17050-2419 SHIPPENSBURG, PA 17257 Principal Amount: $700,000.00 Initial Rate: 6.490% Date of Note: June 21, 2005 Maturity Date: June 21, 2026 PROMISE TO PAY. THOMAS J AHRENS and CHRISTINE M AHRENS ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Seven Hundred Thousand & 00/100 Dollars ($700,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, subject to any payment changes resulting from changes in the Index. Borrower will pay this loan in accordance with the following payment schedule: 12 monthly consecutive interest payments, beginning July 21, 2005, with interest calculated on the unpaid principal balances at an interest rate of 6.490% per annum; (Je monthly consecutive principal and interest payments in the initial amount of $5,215.23 each, beginning July 21, 2006, with interest calculated on the unpaid principal balances at an interest rate of 6.490% per annum; 203- monthly consecutive principal and interest payments in the initial amount of $5,218.87 each, beginning July 21, 2009, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 6.000%), plus a margin of 0.500 percentage points, resulting )in an initial interest rate of 6.500%; and one principal and interest payment of $5,219.54 on June 21, 2026, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 6.000%), plus a margin of 0.500 percentage points, resulting in an initial interest rate of 6.500%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year (366 during leap years)„ multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Prime (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 6.000% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending 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, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next four (4) years, the Borrower shall be assessed against the amount prepaid, a four percent (4.00%) prepayment penalty. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted from this assessment will be principal payments that are generated as a result of operation of the business for which the loan was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial institution. Except for the Foregoing, Borrower may pay all or a portion of the amount owed earlier than is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments 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 Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any cheek 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 SHIPF'ENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note by 3.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. EXHIBIT "B" PROMISSORY NOTE (Continued) Page 2 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 creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party 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 evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, 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. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated June 21, 2005, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs,. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged on this Note. OVERDRAFT PROTECTION. You may obtain credit advances under your Credit Line by writing a check on your checking account(s) with us in excess of the available collected balance in the account(s). . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to `.. us at the following address: ORRSTOWN BANK, SILVER SPRING OFFICE, PO BOX 250, SHIPPENSBURG, PA 17257. a GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender 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, Leander may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for or other terms of an ='` payment y indebtedness, including increases and PROMISSORY NOTE (Continued) Page 3 decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail 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 sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) 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, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT Ell-HER 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 SIGNING 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: X :?? (Seal) THOMAS J A ENS X (Seal) RISTINE M AHRE S LASER PRO Lending, Var. 5.26.00.005 Cop,. H.,lsnd Pinaneiel Solution,, Inc. 1997. 2005. All Rights Reserved. PA OACRUPL10201C 11.10418 11.1 l?P1 t^!C) Parcel Identification Number: 42-27-1890-037 r C. RECORDATION , REQUESTED BY: )F V ` •= _• - ORRSTOWN BANK 0,-, SILVER SPRING OFFICE PD BOX 250 SHIPPE PENSBU BURG, PA 2005 JUN 23 Ali 8 y8 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 OPEN - END CONSTRUCTION MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES Amount Secured Hereby: $700,000.00 THIS MORTGAGE dated June 21, 2005, is made and executed between THOMAS J AHRENS and CHRISTINE M AHRENS, whose address is 2112 FOXFIRE DRIVE, MECHANICSBURG, PA 17050-2419 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is PO BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and 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 limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in CUMBERLAND County, Commonwealth of Pennsylvania: DEED DATED 3-1-04, RECORDED IN BOOK 261 PAGE 4737 The Real Property or its address is commonly known as 52 GETTYSBURG PIKE, MECHANICSBURG, PA 17055. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or 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 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 interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $700,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. CONSTRUCTION MORTGAGE. This Mortgage is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the Commonwealth of Pennsylvania. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Preperty, in tonentab!e condition and promptly perform all repairs. replacements, and maintenance necessary to preserve its value. Compliance With Environmental 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, (a) any breach or violation of any Environmental Laws, (b) any use, generation, 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 threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous EXHIBIT "C" BK191111ru' 15 O MORTGAGE (Continued) Page 2 Substance 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 Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental 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 Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (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 of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement ofthe taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: 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 8K19! 1 F G L 151 MORTGAGE (Continued) Page 3 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 00) 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. 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 limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and IN Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival 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 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: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit. such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a BK 19 1 1 FG !: 15 2 MORTGAGE (Continued) Page 4 specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file 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: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property sac:;ring the indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender 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 Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party 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 BK 19 1 1 PG4 153 MORTGAGE (Continued) Page 5 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 0 2) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 0 5) days; or (2) if the cure requires more than fifteen (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. 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: 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 Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for 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 against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted 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. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 110) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Eloction of Reme,'das. Elution by Lander to pursue any remedy shall not. exclude. pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, 9K191 iP --u 14 154 MORTGAGE (Continued) Page 6 without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title 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 tie given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender 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. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this 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 the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means THOMAS J AHRENS and CHRISTINE M AHRENS and includes all co-signers and co-makers signing the Note. 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. 1"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, et 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 THOMAS J AHRENS and CHRISTINE M AHRENS. 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 SK 191 1 Pr!} 155 MORTGAGE (Continued) Page 7 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. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of 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 June 21, 2005, in the original principal amount of $700,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is June 21, 2026. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and 'other articles of personal property now or hereafter awned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Relnted Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS 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: X i '77 - (Seal) THOMAS J I ENS ",r A3,? _???.(l .fl/1t-i (Seal) CHRISTINE M AHRE S Signed, acknowledged and defvere 'ff1the pr a ?e of: X /Z?, WRKpfs X ?- Witne s CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: SILVER SPRING OFFICE, PO BOX 250, SHIPPENSBURG, PA ll? 257_., n Attorney or Agent for Mortgagee N1911PG1,156 MORTGAGE (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA I )SS COUNTY OF `V YLf ?evt L Yl yyn? I r7 On this, the L Jr day of V A,-,e_ 200S, before me JV,\D M. NRF i 1 the undersigned Notary Public, personally appeared THOMAS J AHRENS and CHRISTINE M AHRENS, known to me for satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof. I hereunto set my hand and ffia'al seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Not y Public in and for the State of toe-A, VZ-V797v) 14 JUDD M. AHRENS, Notary Public Mechanicsburg Boro., Cumberland Counfy M Commission Expires May 23, 2009 LASER VM0 1AA-1, V... 5.29. W- C,„. -1- --l U-1., ,,..1951. mos. An A'— A...-1. 1A 01-1-1-FC T9 109.9 M I BK1911PG!t157 Exhibit "A" ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the eastern line of Mayfield Road with the centerline of Gettysburg Pike; thence along the eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 149.2 feet to a point; thence North 36 degrees 1 minutes 19 seconds East 10 feet to a point; thence along the Eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 67.93 feet to a point; thence North 36 degrees 1 minutes 19 seconds East 10 feet to a concrete monument; thence by same bearing North 36 degrees 1 minutes 19 seconds East 173.3 feet to a concrete monument; thence South 52 degrees 11 minutes 41 seconds East 128.1 feet to a concrete monument; thence South 40 degrees 8 minutes 41 seconds East 44.3 feet to a point; thence by same bearing, South 40 degrees 8 minutes 41 seconds East 25 feet to a point in the center of Gettysburg Pike; thence along the centerline of Gettysburg Pike South 37 degrees 9 minutes 1 second West 65.95 feet to a point; thence along said centerline South 36 degrees 38 minutes 29 seconds West 208.65 feet to a point at the intersection of the centerline of Gettysburg Pike and the eastern line of Mayfield Road, the place of BEGINNING. I c; if; 0 is be recd cd ti Couinty s e' 292934 nit ` - C. . tt 'J Ter Sheriffs Office of Cu#berland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Orrstown Bank vs. Thomas J. Ahrens SHERIFF'S RETU 07/13/2009 07/13/2009 FILED' . # 2009 ,1' .. 17 Vii: 19.4 2 ^I , OFF€iCE Cc -M$ 51 EaIFF 05:55 PM - R. Thomas Kline, Sheriff, who being duly diligent search and inquiry for the within named defer locate him in his bailiwick. He therefore returns the v found as to the defendant Thomas J. Ahrens. Kriste PA 17050 residence stated the Ahren's moved to Dil available. 05:55 PM - R. Thomas Kline, Sheriff, who being duly diligent search and inquiry for the within named defer locate her in his bailiwick. He therefore returns the m as to the defendant Christine M. Ahrens. Kristen Hui 17050 residence stated the Ahren's moved to Dillsbu available. SHERIFF COST: $63.44 July 14, 2009 Case Number 2009-4409 OF SERVICE worn according to law, states that he made a lant to wit: Thomas J. Ahrens, but was unable to thin Complaint in Mortgage Foreclosure as not Hunt, owner of 2112 Foxfire Drive Mechanicsburg, burg, PA two years ago. An exact address is not vorn according to law, states that he made a ant to wit: Christine M. Ahrens, but was unable to iin Complaint in Mortgage Foreclosure as not fount owner of 2112 Foxfire Drive Mechanicsburg, PA PA two years ago. An exact address is not SO ANSWERS, c 4 f .?bG 0OP.-R THOMAS INE, SHERIFF ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2009- 4409 CIVIL TERM THOMAS J. AHRENS and CHRISTINE M. AHRENS, MORTGAGE FORECLOSURE husband and wife, Defendants TO THE PROTHONOTARY: PRAECIPE TO REINSTATE Please reinstate the Complaint filed in the above matter. Respectfully submitted, Date: July 28, 2009 'BJUEN, B C ERER V David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 RIC P,= InxA?Y 2Qfl4 J8L 28 Pi's 2: 25 r jq E C a- 5 ?? Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor of ,titr of ICI[Mbrtf OF lj,E('f r',E S.?ERIFF FILE. OF THE Vi= =n; 7/'-PY 2009 SE - I 1:`4 9: 41 CVN! uiL 3 tj Orrstown Bank vs. Thomas J. Ahrens Case Number 2009-4409 SHERIFF'S RETURN OF SERVICE 08/13/2009 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: Christine M. Ahrens, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Christine M. Ahrens. Defendant advised Deputy's on the phone her current address is 35 Central View Road Dillsburg, PA 17109. 08/13/2009 01:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1315 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas J. Ahrens, by making known unto himself personally, defendant at 52 Gettysburg Pike Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/14/2009 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: Christine M. Ahrens, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In MortgagE Foreclosure according to law. 08/21/2009 York County Return: And now August 21, 2009 at 1747 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christine M. Ahrens, by making known unto herself personally, at 35 Central View Drive Dillsburg, PA 17019 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $80.94 SO ANSWERS August 28, 2009 R THOMAS KLINE, SHERIFF By Depu y Sheriff ' COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-4601 SHERIFF SERVICE 94STRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ ORRSTOWN BANK 2 COURT NUMBER 2009-4409 3. DEFENDANTISIFHOMAS J. AHRENS & CHRISTINE M. AHRENS COMPLAINT IN MORTGAG )ill ?' CIMF FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD CHRISTINE M. AHRENS 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. UVP. STATE AND P CODE) AT 606 PA 17019 /.719 dV/Z?jSS 7. INDICATE SERVICE' U PERSONAL LT PERSON IN CHARGE DEPUTIZE , CERT MAIL L3 1 ST CLASS MAIL U POSTED -I OTHER NOW A1121ST 14 2009 _ I, SHE COUNTY, PA, do hereby deputize the sheriff of YORK COUNTY to execute thi ce return the of cording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF CO CUMBERLAND ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE P 0. TELEPHONE NUMBER 11 DATE FILED DAVID A. BARIC 17-259-6873 7/28/2009 In T.TC+cm CnrrTV CMI)VT"T rAPT.TCT.F' _ PA 1701 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is lobe mailed) CUMBERLAND COUNTY SHERIFFS OFFICE 1 COURTHOUSE SQUARE, ROOM 303 CARLISLE, PA 17013 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SEERFF - DO NOT 1AWMTE 8MOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Exoiralion/Heahng Date or complaint as indicated above. MJ MCGILL YCSO 18-17-09 18-27-09 16. HOW SERVED: PERSONAL ( SIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FO D because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. ante 09s ? e 20 Ti of e 16 < t s ` l Miles 21. A MPTS T Int. ate Time Mil Int Date Time Miles Int Date Time Miles Int. Date Time Mi es Int. Dale Time Miles Int. 22. REMARKS:, If ' ` 60 /Ywr ?? 23. Advance Costs 24 rvice Costs 25 N/F Mileage 26 127. Postage 28. Sub hTo?tal 29. Pound 30?1 ota 31 Surchg. 32. Td. Costs 33 Costs D efund Check No $100.00 1 1, ©? 01c.l c . . 6 ro L)n U. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 3f Mile ge/NotFound 39 Total Costs P40 Costs Due or Refund r r ANSMfE 41. AFFIRMED and subscribed to loaf a me tt4s 44. Signature of w 1 ./y S 42 day of ATIG .20 -0943. Dep. Sheriff COMMONVIII. TH 0 Y 46. Signature of Y NOTARIAL SEAL County Sheri " NOTARY PUBLIC T?ORP6 TEA RICHARD P IF - - , LISA L. CITY CF YORK, YORK COUNTY 48 Signature of Foreign 49 DATE p:•11eg.nNEX°!RESAUG•12,2013 County Sheriff 50. 1 ACKNO HERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Isswng Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office bd V)W 33ta3H5 3Nl 30 301"0 a3hRoa 1 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2009- 4409 CIVIL TERM THOMAS J. AHRENS and CHRISTINE M. AHRENS, MORTGAGE FORECLOSURE husband and wife, Defendants 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 Defendants, Thomas J. Ahrens and Christine M. Ahrens, for failure to file an answer to the Complaint of Plaintiff. True and correct copies of the Notices of Default are appended hereto as Exhibit "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 Notices of Default were given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $728,403.26 with interest calculated to October 13, 2009 and at the per diem rate of $120.69 thereafter. Respectfully submitted, O'BRIEN, RIC HERER L r 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. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants TO: Thomas J. Ahrens IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4409 CIVIL TERM MORTGAGE FORECLOSURE 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 Date of Notice: September 30, 2009 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 O' N, BARI AND 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. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4409 CIVIL TERM MORTGAGE FORECLOSURE TO: Christine M. Ahrens 35 Central View Drive Dillsburg, Pennsylvania 17019 Date of Notice: September 30, 2009 1 ;013 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 O'B , BARIC AND SC R 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: a ll? ?Ifl'1 ? ?Qnf??l- Sch?X? 7 19 Wts+ 60A si res bd is b FR 1-1013 One piece of ordinary mail addressed to: '(horn as J . Rhruis ?bA G u P Kt, M Fzw u , M 1,7060 L v. PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: 0'66m, Baric,4+ Schw,r Iq Wtsk SOU+h Sirm.+ rl9f, PA 1 013 One piece of ordinary mail addressed to: rjl6s-hnf, M- AhMIS 35 C9*41 VIEW 01ly& Di llsbu R 1?O1q PS Form 3817. Mar_ 1989 EXHIBIT- "Brr Z; lt -1 N 1e c C Qof C,?..TI L? m o III z o 0o m c _ ~r 'I ?GJR1 ?? Lrl C3 CERTIFICATE OF SERVICE I hereby certify that on October 13, 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 parties listed below, as follows: Thomas J. Ahrens 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 Christine M. Ahrens 35 Central View Drive Dillsburg, Pennsylvania 7019 David A. Baric, Esquire FILED- FFICE OF THE PRO t ! ,-NOTARY 2009 OCT 15 PH 4: 20 PLh ?U'Y+- ! /?f OIJ?I. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4409 CIVIL TERM MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Thomas J. Ahrens 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 Notice is hereby given to you of entry of a judgment against you in the above matter. it Prothonotary Date: eel - 1s', 'v2?'v' • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Ar'wderson ~_- T r `; ; . ; ,,:~ Sheriff _ .. . , Jody S Smlth ~~t~~tit~ aC ~nir+t;r~~tra ~~ ., ~ ~ c~l~ ~ ~ ~ F~ti , ~~ Chief Deputy - Richard W Stewart ~~„•~'_ _ - _ _ ; V ~ '~' Solicitor _ =~:~F~ t ~ . ,. ~~ '' Orrstown Bank I vs. Thomas J. Ahrens (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2009-4409 12/21/2009 03:17 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1517 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 Thomas J. Ahrens & Christine M. Ahrens, located at, 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania according to law. 12/21/2009 03:17 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 1517 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Thomas J. Arhens, by making known unto, Thomas J. Ahrens, personally, at, 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 02/22/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Christine M. Ahrens, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return and now the, 8th day of January, 2010, served the within Real Estate Writ, Notice of Sale and Description upon Christine M. Ahrens, the defendant, by making known unto Judd Ahrens, father in law, at 35 Central View Drive, Dillsburg, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Terry Drawbaugh, Deputy Sheriff of York County, Pennsylvania. 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 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 $1.00 to Attorney David Baric, on behalf of Orrstown Bank, 77 East King Street, Shippensburg, PA 17257, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 05/18/2010 Order of Court to Open Sheriffs Sale filed by Attorney David Baric on 4/7/10. 05/18/2010 Property sale postponed to 6/2/2010. 06/10/2010 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 at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David A. Baric, on behalf of Orrstown Bank, 77 East King Street, Shippensburg, PA 17257, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1,044.61 SHERIFF COST: $1,044.61 June 30, 2010 (c) GountySuite Shenft. ielcr,„oft. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF ~ u ~ ~o - ~~Sa9G ~~ ~' ' ~, , .. 'd ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants Names and addresses of owners or reputed owners: 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. Thomas J. Ahrens Christine M. Ahrens 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- 4409 CIVIL TERM MORTGAGE FORECLOSURE 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 35 Central View Drive Dillsburg, Pennsylvania 17019 Names and addresses of the defendants in the judgment: Thomas J. Ahrens 52 Gettysburg Pike Mechanicsburg, Pennsylvania 17050 Christine M. Ahrens 35 Central View Drive Dillsburg, Pennsylvania 17019 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, Pennsylvania 17257 .. Cumberland County Tax Claim Bureau Cumberland County Domestic Relations PA SCDU One Courthouse Square Carlisle, Pennsylvania 17013 13 North Hanover Street Carlisle, Pennsylvania 17013 P.O. Box 69110 Harrisburg, Pennsylvania 17106 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, Pennsylvania 17013 PA SCDU P.O. Box 69110 Harrisburg, Pennsylvania 17106 Carolyn Madeira Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, Pennsylvania 17013 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 au rities. 0 Date: ~~ r"$" ~~ David A. Baric, Esquire Attorney for Plaintiff ORRSTOWN BANK , 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff v. THOMAS J. AHRENS and CHRISTINE M. AHRENS, husband and wife, Defendants MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subject of this action and Notice of Sale is located at 52 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, with a parcel number of 42-27-1890-037 and described as follows: ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the eastern line of Mayfield Road with the centerline of Gettysburg Pike; thence along the eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 149.2 feet to a point; thence North 36 degrees 1 minute 19 seconds East 10 feet to a point; thence along the Eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 67.93 feet to a point; thence North 36 degrees 1 minute 19 seconds East 10 feet to a concrete monument; thence by same bearing North 36 degrees 1 minutes 19 seconds East 173.3 feet to a concrete monument; thence South 40 degrees 8 minutes 41 seconds East 128.1 feet to a concrete monument; thence South 40 degrees 8 minutes 41 seconds East 44.3 feet to a point; thence by same bearing, South 40 degrees 8 minutes 41 seconds East 25 feet to a point in the center of Gettysburg Pike; thence along the centerline of Gettysburg Pike South 37 degrees 9 minutes 1 second West 65.95 feet to a point; thence along said centerline South 36 degrees 38 minutes 29 seconds West 208.65 feet to a point at the intersection of the centerline of Gettysburg Pike and the eastern line of Mayfield Road, the place of BEGINNING. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- 4409 CIVIL TERM BEING THE SAME,PREMISES which KDR Services, LLC by deed dated March 1, 2004 and recorded in the Office of the Recorder of Deeds in and or Cumberland County, Pennsylvania on March 3, 2004 in Record Book 261, Page 4737 granted and conveyed unto Thomas J. Ahrens and Christine M. Ahrens, husband and wife, Grantors herein. PARCEL NO.42-27-1890-037 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, March 3, 2010 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. Thomas J. Ahrens and Christine M. Ahrens docketed to 2009-4409 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Thomas J. Ahrens and Christine M. Ahrens. 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, O'BRIEN, BARIC & SC R l U l a David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the eastern line of Mayfield Road with the centerline of Gettysburg Pike; thence along the eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 149.2 feet to a point; thence North 36 degrees 1 minute 19 seconds East 10 feet to a point; thence along the Eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 67.93 feet to a point; thence North 36 degrees 1 minute 19 seconds East 10 feet to a concrete monument; thence by same bearing North 36 degrees 1 minutes 19 seconds East 173.3 feet to a concrete monument; thence South 40 degrees 8 minutes 41 seconds East 128.1 feet to a concrete monument; thence South 40 degrees 8 minutes 41 seconds East 44.3 feet to a point; thence by same bearing, South 40 degrees 8 minutes 41 seconds East 25 feet to a point in the center of Gettysburg Pike; thence along the centerline of Gettysburg Pike South 37 degrees 9 minutes 1 second West 65.95 feet to a point; thence along said centerline South 36 degrees 38 minutes 29 seconds West 208.65 feet to a point at the intersection of the centerline of Gettysburg Pike and the eastern line of Mayfield Road, the place of BEGINNING. BEING THE SAME PREMISES which KDR Services, LLC by deed dated March 1, 2004 and recorded in the Office of the Recorder of Deeds in and or Cumberland County, Pennsylvania on March 3, 2004 in Record Book 261, Page 4737 granted and conveyed unto Thomas J. Ahrens and Christine M. Ahrens, husband and wife, Grantors herein. PARCEL N0.42-27-1890-037 WRIT OF EXECUTION and/or ATTACHMENT • t ' COMMONWEALTH OF PENNSYLVANIA) N02009-4409 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank 77 East King Street Shippensburg, PA 17257 Plaintiff (s) From Thomas J. Ahrens and Christine M. Ahrens, husband and wife (t) 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 $714,041.15 Interest to 10/29/09 (per diem $120.69) Atty's Comm Atty Paid $273.38 Plaintiff Paid. Date: November 19, 2009 (Seal) REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No. 44853 L.L.$.50 $16,293.15 Due Prothy $2.00 Other Costs Curtis R. Long, Prothonotary By: ''~ift L-L f°'- , -V'''im '~'.;~` Deputy In Testimony ~„';~ ~T ~, ~'-~ and the seal o;: ~~ a _ ~' hand / ~' ThfS ~ ~ ~~ -`3. .....::../...... day of ~~ ... ~~~ .....................`~.~~i~:....~.. `. ' ~~ .....~ Prothonotary On November 24, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered 52 Gettysburg Pike, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 24, 2009 By: R sate Coordinator `~, Q~ ~ ~; '~ ~ , `Y ~ L~`~ ` ~' _ ~~ ^~ , _ C.:.~i-~ ~~ 'l~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22 January 29 and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ,---- isa Mane Coyne, itor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 //^ ~ ` GEC Notary NO7ARlAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ ifo. 2009-4409 Civil Orrstown Bank vs. Thomas J. Ahrens Christine M. Ahrens Atty: David A. Baric ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point at the intersection of the eastern line of Mayfield Road with the centerline of Gettysburg Pike; thence along the eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 149.2 feet to a point; thence North 36 degrees 1 minute 19 seconds East 10 feet to a point; thence along the Eastern line of Mayfield Road North 26 degrees 00 minutes 41 seconds West 67.93 feet to a point; thence North 36 degrees 1 minute 19 seconds East 10 feet to a concrete monument; thence by same bearing North 36 degrees 1 minutes 19 seconds East 173.3 feet to a con- crete monument; thence South 40 degrees 8 minutes 41 seconds East 128.1 feet to a concrete monument; thence South 40 degrees 8 minutes 41 seconds East 44.3 feet to a point; thence by same bearing, South 40 degrees 8 minutes 41 seconds East 25 feet to a point in the center of Gettysburg Pike; thence along the centerline of Gettysburg Pike South 37 degrees 9 minutes 1 second West 65.95 feet to a point; thence along said centerline South 36 degrees 38 minutes 29 seconds West 208.65 feet to a point at the intersection of the centerline of Gettysburg Pike and the eastern line of Mayfield Road, the place of beginning. BEING THE SAME PREMISES which KDR Services, LLC by deed dated March 1, 2004 and recorded in the Office of the Recorder of Deeds in and or Cumberland County, Penn- sylvania on March 3, 2004 in Record Book 261, Page 4737 granted and conveyed unto Thomas J. Ahrens and Christine M. Ahrens, husband and wife, Grantors herein. PARCEL NO. 42-27-1890-037. PROPERTY ADDRESS: 52 Get- tysburg Pike, Mechanicsburg, PA 17050. ~" •r-The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~11e~lahiot News Now you know CARLISLE PA 17013 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: ~' ~ 01 /22/10 01 /29/10 ~/ ~ ,. 02/05/10 Sworn to an~ scribed befor m s 4 y of February, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Sherrie L. Kisner, Notary Public ~ Har*islwnJ~ Cauphin Courtly ~ C~rNsaion E~ires Nov. 26, 2011 Member, pennsYlvanla Association of Notaries ~ -4 I~ A ~ ~~ r ~(~+~~j~f.~~ `~y~~~Q, AtI.1~AT CFdLTAIN tract of parcel of laud andlaa; ~a,'9Y~ ~ 8 iut' tGe Township of ,Upper A~iat. in the County of Peauaylv~nia, nPOe~4~, bounded and deacsr uP,_.... g~4~1~ ~ the. iptaaa#i~ of the eaeOem line of Mayfield Road ,with , ttie ca~dr~gwk,of:GnttyabstQ p9~e; ice along the eaatefi line of ~Y$4~Read;~th 26 degrees 00 miua>Aea 41 a~ndrlkat W91 fled;.to a point; thence 1V~' 36' d4tS~' .1 minute 19 secaeds Fist ~1i-faet b,a poid; tbo,~s aloisg the. F.aerap lies dE Mayfield Road North Zb dew 00 f 41 s Wast'67.93 feet to a pa~af; ~thOaoe Nanh 36 degtne8 1 minute 19 saoo>tds Past 10 feet to a conaete montmx~; thdice~: by s~ie beati¢g Math, 96 dag~ies i utat~ea i9 aecaada 8aef 173.E fat to a aoaade thence South 40;degr~ 8 minutes 41, ec4oatla Beet 125.1 f@~, to p ca~tete mom; tha-de Soup 40 dpgl{De8 8 ~ttutos 41 13eait 44.3 fee to a pout; themx by saole'bippieg, South 40 degires $ minurea 41 soponda'&at 2b foet to a p1ul~,in-the of Gouyabmg tom; tlx~ce alon~~s'~ptp~Oe of t3ggyabd+g Pure. South 37 degrees 9 ntieutes 1. secad War6S.9$ fi~'fo a poets t[bence alaug said~onteaJine South d~~tee~ ~B minarea ~9 secgDds Weal. 20$.55 .few so a ppint et ;the intetaectibm of the ceataliAe of Ge[tyabrHg pike. and the eaatun lame of Mayfield Reed, dte of beaa+m~„ HPdPIG T#lE SAIr~ ~ which KDR Services, ld.C hydtaptl ~Iqd Mmh' . 1, zog4 aotl tecvtffed in tiae° Ofiite of th+e' Rawedar of Dedds. in aad or Ci~btizvnd' Co-mty, Pta~yfw~a oa Mascti 3, '~I~d4. ip Record 9oolc 26i. 437 gmgied aad coavpyed aaw llamas J. Al>irans earl ~tri~we M. Awe. hasb~od and wife (~si~t>+ bad:. PARK. M(?.~42.27-1 SA0-037 PIROPIS(f!"i' ~ ~ M.~$l-17~ltlA. 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 Sheriffls Deed in which ORRSTOWN BANK is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 19TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4409, at the suit of ORRSTOWN BANK against THOMAS J AHRENS & CHRISTINE M is duly recorded as Instrument Number 201018170. IN TESTIMONY WHEREOF, I have hereunto set my hand an~c.~eal of said office this ~ ~ day of A.D. Recorder of Deeds E~btbHrlt