HomeMy WebLinkAbout09-5987ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
MELVIN E. MOHR and
JUDITH R. MOHR
8 CHESTNUT RIDGE ROAD
GARDNERS, PA 17324
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-S'15-- 7 CIVIL TERM
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.
MELVIN E. MOHR and
JUDITH R. MOHR
8 CHESTNUT RIDGE ROAD
GARDNERS, PA 17324
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- CIVIL TERM
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 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, Melvin E. Mohr, is an adult individual residing at 8 Chestnut
Ridge Road, Gardners, Cumberland County, Pennsylvania 17324.
3. The Defendant, Judith R. Mohr, is an adult individual residing at 8 Chestnut
Ridge Road, Gardners, Cumberland County, Pennsylvania 17324.
4. On or about March 25, 2005, Melvin E. Mohr and Judith R. Mohr, made,
executed and delivered the same day a written Promissory Note ("Promissory Note 1 ") to
Orrstown.
5. A true and correct copy of Promissory Note 1 is attached hereto as Exhibit "A"
and is incorporated by reference.
6. On or about April 24, 2006, Melvin E. Mohr and Judith R. Mohr, executed and
delivered the same day a written Promissory Note ("Promissory Note 2") to Orrstown.
7. A true and correct copy of the Promissory Note 2 is attached hereto as Exhibit "B"
and is incorporated herein by reference.
8. Defendants have defaulted under the terms and conditions of the Promissory
Notes by failing to make payment of principal and interest due.
9. Under the terms of the Promissory Notes, if any monthly payment of principal
and interest is not made when due or any other obligation of the Promissory Notes are not met,
then the entire indebtedness owing on Promissory Notes shall become due and payable
immediately at the declaration of Orrstown.
10. Orrstown has exercised its option and declared the entire indebtedness due and
owing under the Promissory Notes.
11. The following amounts are presently due on Promissory Note 1 calculated to
August 12, 2009:
Principal $71,826.20
Interest to 08/12/09
(per diem of $14.32) $ 1,973.88
Late charges $ 96.66
Other charges and fees $ 55.00
Attorney fees $ 3,591.31
(calculated at 5% of original debt)
TOTAL: $77,543.05
12. The following amounts are presently due on Promissory Note 2 calculated to
July 23, 2009:
Principal
Interest to 07/23/09
(per diem of $4.20)
Late charges
Other charges
Attorney fees
(calculated at 10% of
principal debt)
$18,042.67
$ 441.18
$ 27.60
$ 55.00
$ 1,804.26
TOTAL: $20,370.71
COUNTI
BREACH OF CONTRACT
ORRSTOWN BANK v. MELVIN E. MOHR AND JUDITH R. MOHR
13. Plaintiff incorporates by reference paragraphs one through twelve as though set
forth at length.
14. Melvin E. Mohr and Judith R. Mohr have breached the terms of the Promissory
Notes by failing and refusing to pay the amounts due thereunder.
15. All conditions precedent to recovery have been fulfilled.
16. As a direct and proximate result of the breach by Melvin E. Mohr and Judith R.
Mohr, Orrstown has incurred the loss of $97,913.76 and these damages will continue to accrue.
17. The Promissory Notes provide for the recovery of attorney fees and costs incurred
by Orrstown in an action to recover on the obligations.
WHEREFORE, Plaintiff requests judgment in its favor and against the Defendants for the
sum of $97,913.76 plus additional interest, costs, expenses and attorney fees all in amount in
excess of the limits requiring compulsory arbitration.
Respectfully submitted,
O N, BARIC C
i
L
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/orrstownbank/mohr/notes/complaint.pld
VE F ON
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. 1
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
DA
unsworn falsifications to authorities
Assistant Vice President
Loan Workout & Collection Manager
Orrstown Bank
PROMISSORY NOTE
ACCouM r - Ini ate..,.;
:.:,::,.:.:
4FAW.wbo i-as. --b-51.40m 2-0
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: MELVIN E MOHR (SSN: 329-44-0643) Lender: ORRSTOWN BANK
JUDITH R MOHR (SSN: 230-52-4435) NORTH MIDDLETON OFFICE
8 CHESTNUT RIDGE ROAD PO BOX 250
GARDNERS. PA 17324 SHIPPENSBURG, PA 17257
Principal Amount: $80,000.00 Interest Rate: 7.500% Date of Note: March 25, 2005
Maturity Date: March 30, 2025
PROMISE TO PAY. I ("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 Eighty Thousand & 00/100 Dollars ($80,000.00). together with interest at the rate of 7.500% per
annum on the unpaid principal balance from Mach 30, 2005, until paid in full.
PAYMENT. 1 will pay this loan in 240 payments of $844.47 each payment. My first payment is due April 30, 2005, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on March 30, 2025, and will be for all principal and
all accrued interest not yet paid. Payments include principal and interest. 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 30/360 simple interest basis; that is, with the exception of odd days in the first payment period, monthly interest is
calculated by applying the ratio of the annual kttwest raft over a yea of 360 days, multipKed by the outstanding principal balance, multiplied by
a month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. I win pay
Lender at Lender's address shown above or at such other place as Lender may designate in writing.
PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to
me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay
without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due
and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar
language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to
pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment
instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or
limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA
17257.
LATE CHARGE. It a payment is 16 days or more late, I will be charged 5.000% of the regulaly scheduled payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from
the date of acceleration or maturity at the interest rate on this Note. 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 existing interest rate
provided for in this Note.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my 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.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Colleteralization. This Note 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.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage or destruction is not covered by insurance.
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.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same
provision of this Note within the preceding twelve 0 2) months, it may be cured if I, after receiving written notice from Lender demanding
cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately
initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete 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 I will pay that amount.
ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount.
EXHIBIT "A"
PROMISSORY NOTE
Loan No: 8420005620 (Continued) Page 2
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, I also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me
against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the
Commonwedth of Pennsylvana.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts 1 hold jointly with someone else and all accounts I 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. I authorize
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. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage
dated March 25, 2005, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania.
PROPERTY INSURANCE. 1 understand that I am 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.
SUCCESSOR INTERESTS. The terms of this Npte shall be binding upon me, and upon my 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, NORTH MIDDLETON OFFICE, PO BOX 250, SHIPPENSBURG, PA 17257.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I 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. 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. This means that the words "I",
"me", and "my" mean each and all of the persons signing below.
PRIOR TO SIGNING THIS NOTE. 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I, AND EACH OF US,
AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE 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)
MELVI E MOHR
X (Seal)
J R OHR
,ASeR M -9. - 5-- C- M- rw.n:i -- r,.. I— - u wa,,. - . FA a:knurt,om.et n....1
PROMISSORY NOTE
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Anv item above containing """"" has been omitted due to text length limitations.
Borrower: Melvin E Mohr (SSN: 329-44-0643) Lender: ORRSTOWN BANK
Judith R Mohr (SSN: 230-52-4435) NORTH MIDDLETON OFFICE
8 Chestnut Ridge Rd 77 EAST KING STREET
Gardners, PA 17324-9064 P 0 BOX 250
SHIPPENSBURG, PA 17257
Principal Amount: $20,000.00 Interest Rate: 8.500% Date of Note: April 24, 2006
Maturity Date: May 10, 2021
PROMISE TO PAY. I ("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 Twenty Thousand & 00/100 Dollars ($20,000.00), together with interest at the rate of 8.500% per
annum on the unpaid principal balance from April 28, 2006, until paid in full.
PAYMENT. 1 will pay this loan in 180 payments of $197.60 each payment. My first payment is due June 10, 2006, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on May 10, 2021, and will be for all principal and all
accrued interest not yet paid. Payments include principal and interest. 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,
multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at
Lender's address shown above or at such other place as Lender may designate in writing.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to
by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce
the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without
recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will
remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or
other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING
STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257.
LATE CHARGE. If a payment is 16 days or more late, I will be charged $2.50.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from
the date of acceleration or maturity at the interest rate on this Note. 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 existing interest rate
provided for in this Note.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my 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.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collateralization. This Note 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.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage or destruction is not covered by insurance.
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.
Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same
provision of this Note within the preceding twelve 0 2) months, it may be cured if 1, after receiving written notice from Lender demanding
cure of such default: (1) cure the default within fifteen 05) days; or (2) if the cure requires more than fifteen (15) days, immediately
initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete 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 I will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I 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, I also will pay any court costs, in addition to all other sums provided by law.
EXHIBIT "B"
PROMISSORY NOTE
Loan No: 430033249 (Continued) Page 2
JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me
against the other.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I 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. I authorize
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. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage
dated April 24, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
PROPERTY INSURANCE. I understand that I am 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.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my 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, NORTH MIDDLETON OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA
17257.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them. I 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. 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. This means that the words "I", "me", and "my" mean each and all of the
persons signing below.
PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 1, AND EACH OF US,
AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE 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.
BORR R:
X.. (Seal)
(Seal)
X
Melvin 5 r ith R Mohr
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Sheriff
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Ronny R Anderson
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Civil Process Sergeant ~er~c~ ~r T~ ~ ` ~ ~~~~~~
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Orrstown Bank
vs.
Melvin E. Mohr
Case Number
2009-5987
SHERIFF'S RETURN OF SERVICE
09/03/2009 07:44 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
September 3, 2009 at 1938 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Melvin E. Mohr, by making known unto Judith Mohr, wife of defendant at
16 W. Pomfret Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
09/03/2009 07:38 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
September 3, 2009 at 1938 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Judith R. Mohr, by making known unto herself personally, at 16 W.
Pomfret Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $49.84
SO ANSWERS,
~.
September 04, 2009 R THOMAS KLINE, SHERIFF
~'
De ty Sheriff