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HomeMy WebLinkAbout10-0895vl r ?.i ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010-f S CIVIL ACTION CIVIL ACTION-LAW - ti an NOTICE o? 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 9?. ? D Pa a?1 l? ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. NO. 2010- " S' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW COMPLAINT CIVIL ACTION NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendants are Dennis G. Deitch and Sharon L. Deitch, husband and wife, adult individuals who reside at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania. 3. By Deed acknowledged on September 26, 1972, Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Dennis G. Deitch and Sharon L. Deitch. This Deed was recorded in Cumberland County Deed Book "V", Volume 24, Page 253, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 136 Greason Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about June 1, 2006, Dennis G. Deitch and Sharon L. Deitch, as Mortgagors, made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on June 9, 2006, at Cumberland County Record Book 1954 Page 781, et seq., all of which pages are incorporated herein by reference and made a part hereof. 5. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 6. Defendants have defaulted under the terms and conditions of the Mortgage and Note by failing to make payments due November 6, 2009, December 6, 2009 and January 6, 2010. 7. Defendants are the present record owners of the premises described in Exhibit "A' and are the real owners of the premises. 8. Plaintiff served Notice of Plaintiff's Intention to Foreclose and Act 91 notice to the Defendants via certificate of mailing on or about December 9, 2009. 9. Attached hereto and marked Exhibit "D" are true and correct copies of the combined Notice of Intention to Foreclose and Act 91 Notice mailed to Defendants. 10. Attached hereto and marked Exhibit "E" is a true and correct copy of the certificate of mailing for the combined notice. 11. The original principal amount of the Mortgage was $132,800.00. N A- 12. Under the terms of the Mortgage and Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligation shall become due and payable immediately at the declaration of the Mortgagee. 13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 14. The following amounts are presently due on the said Mortgage and Note calculated to January 20, 2010: Principal $132,848.23 Interest to 01/20/10 $ 2,706.90 (per diem $25.82) Late Charge $ 1,490.76 Other Charges $ 6,131.22 Reasonable attorneys fees $ 6,642.41 fixed by Plaintiff for purposes of this Complaint (5% of principal debt) TOTAL: $149,819.52 WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $149,819.52, plus interest thereafter at the contract per diem rate from January 20, 2010, and costs and expenses against the Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A". Respectfully submitted, AUEN, & SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/deitch/2010/complaint. pld The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C_S. § 4904 relating to unworn falsifications to authorities. ' pq,E, I Z?6 --N Linda K. Mowen Assistant Vice President Loan Workout & Collection Manager Orrstown Bank <1 ,1 . . _ .. . ... yip-; u va a•; nra r+ : ; ..t. to oreks?v i MADS M ?. tey./ September to Ws r ! o/ osr 4rt sse Oioeseet sfss Aeetwt seventy-two (1972 ) BBlWUM USTSR GERALD THUMKA and GAYLE RUTH THUMMA, his rite, of III , R. D, 99 Carlisle, Cumberland County, Pennsylvania, hereinafter called , . Cnacor esd DENNIS 0. DEITCH and SHARON L. DEITCH, his wile& of R. D. 1, Shippensburg, Cumberland County, Pennsylvania,•hereinafter called • ero e$ a W12W= M, LW fa moUwaNse of Thirty-Nine Hundred And no/100------- --03, 900.00)----------------- Daasn is Asst PIK of MKW WAV W 4 "gig MUMM84 she am oust- s N Affray yres eft esseq opt" soft oraM i their heirs and assigns, as tenants by th entireties, ALL that certain tract or land situate in West Pennsborc Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNINO at an iron pin in the center line of L.R. 121034 leiding froa Plainfield to Greason, which pin is North 4 degrees ' 48 minutes East 210 feet from the center line or Township Road IT-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, '195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feat to a pin in the center line of L.R. 121034; thence by the center line-or said road, South 4 degrees 48 minutes West, 195 feet to the Place of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as a I part of this deed. r BEING subject to a building set back line which is 40 feat i West of the proposed right of way line of L.R. 121034, which latter line is 25 feet vast of the existing center line of said road. i IW4 24ta 253 Exhibit ' "A" 1 r B61NG part of Tract No. 1 in the deed of Carl Z. Shenk and Nary Lea Shenk to Lester Gerald and Gayle Ruth ?humma, dated August 31st, 1967, and recorded In the Mica or the Recorder or Deeds ror Cumberland County in Deed Book "N". Vol. 22, page 281, ? I 1% .. ?yo3j?C' yr? y I' ? of 1 t d." ??. e .. ?'? ?..... .,' M V 24ea 254 AND the aid Orealas Aemby deeaost and sera a" they, wi8 arsneat generally the 'rep- if Aereitr ors.eVOL R:'•? X44 v • S• t , Crab. Ce.. Pe. S60e1 b -h CWeb. Ce . R. ' is 110.1 GM... 1n do„1; fled Yn. ? yY?y/y..'1: UU:'AN..:(..7•..'.. Aid tY , DM, W. A461 N ? c..? C. ea., e.t .0j. IN Wf MWS WIISMEOP, osid Inafns Awe ArresaN Ott their holds sad mia #Ar or sad yew fare one srrcum • 1ifu1? 1nW ay, .r ?? eaaW M qr Ewen el ? utaa `?j? OA7?'S.it, Rtll?l` ' •.a "?' eeaa THUMNA Sid* Of PENNSYLVANIA COMV Of CUN8ERLAND fy Os wiR the elG ?r tp.1 L-Ptember .1072 . holm we. aadoroipad oAa?. aoF""h OPPmW Lester Gerald Thumma and Gayle 'Ruth Thumma, his rife, baeea, to me (or atbfeeferRtr fma) to M as pon mss WAea sssu s are subar" b the PofWa 1A Mnea$ a" edkaer ocow ad they esomfod Mae for of Par'wer 040WR % o??,:? • Yiv;*Yqj 8 Wmjrft I, I Aoraate +et asd asd o" +wt. fc'• F?? • e f steb l ? ????? . h' eaaaaa ttttsu oe? i nn 7'itb N OlAar ..._. I' Ashen" •h,°: ts•i:?? ?? • ? rr1uC , ai p Lets pat ed e[dnao o/ Ne w aim; mam" OraWm i:`?f pf i, _ pf rwioo(r?taetdsaee sd September t?d - ; 1i72 ilk - w? Atteniop for JImmtna, sciV 2450 255 DEC-04-2007 TUE 05:01 Fm OR, iffi KV3 Si a r l 15309304 001 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. Any item above containing "• "" hoe been omitted due to text length limitations. Borrower: Dennis 0 Deitch ISSN; 194.42-9752) Leader: ORRSTOWN BANK Sharon L Deitch (SSN: 176-40-6353) KING STREET OFFICE 136 (]reason Rd . 77 EAST KING STREET Carlisle, PA 17013-9469 P 0 BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: 6132,800.00 Date of Note: June 1, 2006 Maturity Date: June 8, 2038 PROMISE TO PAY. I ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lander'), or order, in lawful money of the United States of America, the principal amount of One Hundred Thirty-two Thousand Eight Hundred & 001100 Dollars (6132,800.00), together with interest on the unpaid principal balance from June 6, 2006, until paid in full. PAYMENT. Subject to any payment changes resulting from changes In the Index, I will pay this loan in accordance with the following payment schedule: 84 monthly consecutive principal and Interest payments In the Initial amount of $905.93 each, beginning July 6, 2008, with Interest calculated on the unpaid principal balances at an tedtlel'discounted interest rate of 7.250% par annum; and- 278 monthly consecutive principal and Interest payments in the initial amount of $934.81 •oach, beginning July 8, 2013, with interest colculated•on the unpaid principal balances at an Interest rate based on the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year (currently 4.880%). Plus a margin of 2.750 percentage points. the sum rounded to the nearest 0.125, resulting in an initial interest rate of 7.825%. My final payment will be due on June 6, 2036 and 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 301360 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 Internet rata over a year of 360 days. multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days Is calculated on the heals of the actual days to the next full month and a 360-day year. I will pay Lender at Lender's address shown above or at such other place as Lander may designate In writing. VARIABLE INTEREST RATE. For the first 84 payments, the Interest rate on this loan will be 7.250%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the weekly average yield on US Treaeury Securities adjusted to a constant maturity of one year (the "Index'). The Index is not necessarily the lowest rate charged by Lander on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current Index rate upon my request. The Interest rate change will not occur more often then each year, I understand that Lender may make loans based on other rates as well. The Index currently Is 4.850% per annum. The interest rots or rates to be appilod to the unpaid principal balance during this Note will be the rate or raise 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 clrcumstancee will the interest rate on this Note be more then the lesser of 13.250% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum Increase or decrease In the Interest rate at any one time on this loan will not exceed 2.000 percentage points. Unless waived by Lender, any increase in the interest rate will Increase the amounts of my payments. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully so 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 8s 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. malted 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, 1 will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue Interest at the Interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If judgment is entered In connection with this Note, Interest will continue to accrue after the data of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest irate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will be in default under this Note If any of the following happen: Payment Default. I foil to make any payment when duo under this Note. Break Other Promlaea. I break any promise made to Lender or fall 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 loon l have with Lender. Files 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 mode or furnished. Death or Insolvency. Any Borrower dies or becomes Insolvent; a receiver Is appointed for any pan: 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, it 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 deteult provision will not apply. Defective Coaeteralizetion. This Note or any of the related documents ceases to be In full force and affect (Including failure of any collateral document %a create a valid and perfected security Interest or lien) at any time and for any reason. Exhibit "B" DEC-04-2007 TUE 05:01 PM ER N ST e^7175309304 .002 PROMISSORY NOTE Loan No: 1300005767 (Continued) Page 2 Collateral Damage or Loge. 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, Lander, at its option, may, but shell 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. Lander 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 (12) months, it may be eurad If I, after receiving written notice from Lender demanding cure of such default: 0) 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 under 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 also to help collect this Note if I do not pay. I will pay Lander 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), end 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. Lander and i hereby waive the right to any jury trial In any action, proceeding, or cti=erololm 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 Lander in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable low, 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, 1 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 June 1,_2005, 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 hairs, personal representatives, successors and assigns, and shall Inure to the benbilt of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Plasma notify us if we report any inaccurate Information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccurscy(iea) should be sent to us at the following address: ORRSTOWN BANK, KING STREET OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHiPPENSBURG, PA 17267. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not effect 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 pennon 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 wdting, no party who signs this Note, whether as maker, guarantor, accommodation maker or andomer, shall be released from liability. All Ruch parties agree that Lander may renew or extend (repeatedly and fo"r any length of time) this loan or release any pang 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 "1", "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, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I, AND EACH OF US. AGREE TO THE TERMS OF THE NOTE. 1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE 18 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Sharon Deitch N • ;ts$Small X'• .Seal) WNNr1 WR?.vy.;.1f.7Paa e.v.".n..e=...r., z. <?r.....e..n?. mce. rec."pw.w. .•?,";I,KKIOta41R.ftf7l N1.a1 an,?& 7 parcel Werldlioadon BY i• ; f:G;i' ORMTOINN BANK KM STRAW OPACE 77 SAV KOO SI EET P O SOX 250 iHrP¦UWRO, PA 17257 WHEN RECORDED MAIL TO: OMWOwN SANK 77 EAST KOO STREET P.O. SOX ago eHNI MfeWRG, PA 17257 G9ERT p MORTGAGE Amount Scoured Hereby: $132,800.00 THIS MORTGAGE dated June 1. 2004. Is made and exaouMd between Dennis 0 Dellch and SAeron L Deitch, whoes-address Is 130 Oneeon Rd. Cando. PA 17013-MN 4derfed to tldow se "Grantor") and ORRSTOWN DAM P tetrisoes address Is 77 EAST KMNO SIMMEEI P 0 SOX 280, SHIPPENWRG, PA 17257 (re1wred to below se "Leltdet"). GRANT OF MORf0A05. For vekrs" aorreNareearn. Orerdar ruff bwpku, sees, con.". sal", Wasters. nlasass ooMlrnw ant ewtgsgac m leader se of Grenwes r%t, 00% od Inbsoot In and so to fees w'" deserted roe prop,erty, mgadar whh d eeledng or asAssassarsMy erec ad or NOsed breeOnee, Renproverfuertls end lbsorss: se sveols. Isms, Nays, passeo. and ways M esesr sans, delft of way, d Neer". priv6ess. tertaerrtu, harodlaewnb, and spprtenegK" tip bWrrebt5 or artyerba mode sppusrbram hsroefwr, ad do reverslerw and renuknders whh rwpaat dwatol d water, wow r1shes. wsMeosrsss arld dlah rMlb Orsdsdssi steak In uMM n with dhtoA or Irrrigelon rWW; and d otter done. rcoold s, and poet ?to Im feel ?rovr?y, buohmene wlewut Crotifnty, Comfn .Vcgx.. leemsylvenlloodwroal matan. ilm "Reel rroperty") loos5ed In Cun*sdwW see aKeelle . The Mel Property or No sddrese Is commonly known ss 136 Gresson Rd. Cerlds. PA 17013.9W. Grantor presently acdgro to Lander el of Orernoes rlgllt, *W, and brouset In and a d presaK and Mors bases of the Property end d elms from do PropvW. In sddltbn, Grantor We- m Lander a thslhxm Corntnerold Coda sacuft bro~ in to Peracnsl Propww and fkmts. THIS MOkTGAGL NIMUOe10 THE ASMOI Er OF MI AND TIN SWJWV N MI W M TW RSMTS AND PNOW L PROPUM. IS WYBt TO $OCMIL W PAYM¦eT OF TIN ? Alb 0 PSR?NIN OF ANY AND ALL OKJQATK= MINI THE NOTE N TIW OIt 11011 l POWEMAL ARMN1T OF t112=,SOOAO. THE RO.ATSD DOCUMUM. AND THIS MORTOAGS. THIS MORTOAN N SI MI AND ACCWn f ON THE POLLOWNIG TOwSs PAYNSI AND PMMORMANCE. Exospt as odwwln pevldaA In gds Mortesea. Orener shel pay to Lender all am me secured by Vide Mortgoge se they become doss and OM errkW perk m d of Gn uftes ebeestbns under Oft mwtesee• POiSEi M AND MAKITRWM OF THE PROPORTY. Grantor egpse that Gremor's possession and We of the Property shell be governed by the fdowhq provisions: Pasesaelsn ad Les. Ume tb ooosxrsme of a Event of W&A Grenor may It) rormin In possession and rsormd of the Property; (2) use, opersts or f ump tlse Property; and (3) cosset the Rarer from tM Propeny. Duty lo Malfteln. 0rsrntor " mebruln the Property In good oordtlon and prornpW prlorm al repsks, replecermnts, and room mace mosawy to preew w he veue. C. pOarrss Nedra 5mlrorarsMrlel Lows. Grantor represents and wanon ts Lender Ouic (1) Oudng the pelod of Grentar'e owrmeltip of do Properly. 1lwrs hse beano use. gsrrarstlas. nwafssere. etore@a. sno sett, dbpeael. releases or dvesaned resese of any Haverdous Substance by sny person on. render. about or from Use Property: (2) Orarnmr ha no knowMdea at, or reason to bdeve that Von hu bm% swept es prevbudy dboloesd to end aduawl deed by Lands N wdit. W any breach or vbWm of any EerIr-one new Lon, (b) any use, 5erwedw4 menubetue, sto ap. Vssamrit, dbpoasi, release or dresmrd pisses of wry Hawdtus Subsume on, ceder, about or from to rropaty by snr per owners or ow s I of to Property. or (c) awry aossal or *-Wed Idgedon or dsI of sny kind by any person raI " to aceh psrsaal and (3) Except es previously dledoeed to and acknowledged by Lender In wdrrr5, W ndltwr Gmmr nor ow tern- t. oenbsoor, seem or odw anrfwdsad Neer of ft Property ehd use. esererese. rrnerwhobea, sore, veer. dbpase of or release any Hesadsw Subsume on, under, about at from to Fropwty: and IN err such sllrlly shel be eoreluosed in serrrpeanoa with N appNo" tedep1. eau. ad lowl lew s. ragulaI'- end erararneee, knak+dlrne wMaR errnladen N Enwhon- Lowe. Granlr ardnocu s Lender and fts spans to ww worn Wes P epatty to meet such lemosa lone aid spa. at tlprrter'a aspens, es Lern I nay deers epprapleb is dearini a oanspesnas of the Pr"aty wkh this see... of du Mrepsgs. Any Nnepeseferna or tea ands by I - shag be for Lender's Pumas" ody end shel not be oaaYnwd is orvea wry respornelN - or Newer on the pert of Lernder ID Cheraw or to erns other peraw. The ppesersasdaw ad' werratdes oaeebrd hwd n we bond on Grrt * dew clipe ce in kNOWdeatlq the Property for Hew dour Subeanset. Grsmr hereby (1) release ad waves any eub" fakes egdnet Lender for Indennnky or Oocwt udon in on event tremor bseomes Noble for damp or other case under BK 1954PGO78 I Exhibit 11c,- MORTGAGE (Continued) Pia 2 any such bvve; old t2) apraas to =n and hold harutuleas Lander agaket any end sN alebns, loasea, NabYltles. dimipes, pentshite, ad'wdMeia whbh larder may directly o Nndkaath anftebn a susfhr rssulekq Nrorrn a Omasoh of tide section of the M WWP w a a conosgtwnce of any use. generation, rrundwuaa, eeoraga, dspassi. release or threatened msbsee oemmino prior to Grantor's ow met or ktwast In the Property. whether or not the same was or should have been Irnovm to Orwntor. The p owlelOma of this section of the MOregsgs, including the obNgatiern to indemnify, " survive the Mynant of the k dd tedmu and the "thbodon and tooofr4sym of the Non of On Mlortgege and shall not be of acted by Lander's acquisition of any Interest In the Property. whether by foreclosure or otherwise. Nuisance. Wash. Grantor ohd not cause, conduct or Permit any nuisance nor comnft permit or auffw any efrlpplllg of or waste an or to the Property or any portion of the Property. Without li itrtg the gwNraNly of the foregoing. Grantor will not remove. or grant to any other party the right to remove. any do Am. minorale lincluding ON and gas), coal, clay, soorls, soli, grevel or rook products without Lender's prior written co Bent. Raatovsl of Improvem m . Orsnmr "I not demolish or remove any Improvement@ from the Real Property wldout Lender's prlor written ooreem As a condition to the removal of any Improvemsme. Lander may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Imnprovaments of at best squat value. Landoes tY/At as inter. Lender and Lender's agents and rapra@wntetlws may enter upon the Rase Property at all reasonable tires to attend to Lander's knarom and to Inspect the Raid Property for purposes of Grantor's compliance with the terms and cons done of this Mortgage. DaaMganae with Gawnmentrl Requienwne. Grantor shale promptly oompiv with ale fewa, ordinances. and rogu ladons, now w hereefer in effect, of sN gownmenel sutleritlas applicable to tee use or oaoupa oy of tee Property. Grantor may oontest In good faith any euoh law, ordbnancs, or noWdedon and withhold oompNancs durkV any proceeding, kakrdMp appropriate appesle. so WV as Grantor has bad Larder In wftV prior to doMq so and so brag as, In Ladw'a tole apkion, Lender's keereste In the Property am not jasprdead. Lender may rM* Grantor to post oda rtfte security or a aunty bond, reasonably satisfhectory to Lander, to protect Lender's haw t. DWI to Pr~. Oranmr agrees neither to abandon or leave rretended the Property. creator sholl do all other sots. In "'A' ' to gum iscte sat forth above In Oft as0dan. which from the character and use of the property am raasemeil r necessary to proect and pn0wve the Property. DUE ON SALE . COMiDff BY LOWER. Lender may, at Larder's option. declare immediately due and payable all sums secured by this Mortgage upon the sale or tranafw, whhsut Lender's prior written consent. of all or any part of to Real Propa tV or any brtwwt In the had Property. A '"M or fratsW mrewe the oorw*M os of Rest Pnperty or any right, title a ktnreet In the tial Property; wlhodw legal, beneficial or egrrltablat whod w voluntary or Nwekreay: whether by outdg* sale, dead. Installi mot sele am troc land owntect. o, - for dead, wagethdol inagesm with a than ft- W) inane, leese4pllon 001>aaa t. W by Salesedge W or t MW of any barrlfoW ktneat In o?iny Wom lend tuft hating thb to the Real Property, or by any other nnsd of conveyance of on kntia in the Real Property. Howww, der option shelf not be exercised by Lender M such eresrdse is prWubled by federal low or by Psrreyh 4 taw. TAXES AND 1.1E1116. The following provisions relating to the tares wd Nee on this Property are pat of this Mortgage: Payment. Grantor shell pay when due land In all events prior to deWngwrneyl all taxes. psyrd tease, apeslel taxes. assessments, wane c hergas and - awAos dwgW levied against or on soccut of the Prspot ty. and dW pay when dui ale oladme for work done an or for serviose undo a'metwlal OXnW d tothe hopwty: Grar&t ahsN rridmai n the Property fie of any Nwe haft Waft over or equal to the ktsrm of Under tedw dob Mortoaga, er:eePt for date Nan, e-a- 50* sWeed to in wdd ng by Lender. and except for the seen of mm and assessments not der as Mher specified N the light to Contest paragraph. Mgt to Contest. Grantor may withhold payment of my tax, assessment, or dWn In correction with a good faith tll@ptAa over the obNgsllerr m pay, as long as Larder's knew in the PmpwW M not jsoperdhsdd. M a Ion wise or Is a" as • result of norpeymwrt, Grater aheN within fihawm (15) dap attar the Nan amleas or, if a seen it fpad, within 1= (15) deya after Orwom has nogce of to 1prq, secure the discharge of the Ion, or if raqufeted by lemrdsr, depook with Lander cash or a aAfiolsnt oomporete aniety bond or ode seourlty eadsfaamry to Leader in an annou?t auMoleM m discharge the Non pie any ooete end attorneys' fees, or other degas that could scorer as a result of a toncbsuxa or asls urnds the Ilen. In any comae. Grantor aMN defend baslf cod Lender cod shall astbty wry adverse Judgment bobme aMorasmwm agakrt tie Property. Grantor shed rams Lander as an additional aM IW under any surety bond Ar ishad In the ouxnteat proceedings. Ewfderrae of Papnsnt. Grantor @11611 upon demand fui ish to Lander satisfactory evidence of payment of the taxes Of asaasersemte end chef aWwft the WRIP11043 govemMntsl official to deliver to Lender at any lino a written atatenent of Ute texas cod mossasnemts agaia the Property. N des of Coseemodw . Grantor chase notify Larder at least Mean (IS) days before any work Is owmrsrosd, cry aMVloee an fiadehsd. or any meteflals we supplied to the Property. R any mocim ic's gen. m ewlekren'a Nan, or COW Net Could be asserted on soowxm of the work. serviose. or materials. Grantor we upon request of Under hadah to Under advance aawnrase satisfactory to Lander that Grantor ten and will pay the out of such bnprovemente. PROPMfY DAMAGE MURANCL The following provisions releting to Insuring the property are a part of this Mortgage: lhkftmemae of betaamaa. Grantor shit procure and maintain potion of sera inaurance with standard extended eewrege 9-kim nemnte on a repleosnnsm 116910 for tee full kww" Yoko covering ale ImprmoneM@ on the Real Property In an MOM eufNOlent to avoid application of any eebet/arnos clause, and with a stand" mertgapae ola In favor of Lender. Pokke chase be written by such bneuamas Cempwia0 and In such form an may be rieeanably eeoeptrble to Lends. 0 urm shell deliver to Larder cwtWAnN at coverage from each lrmnr cod not oom@iip any dlwie' of the You ies lsb' mfor inimum minimum of en ve days' tiler w nolbe to lender a Sash Irnetranae pokey sled Mute kakds an endrreer renrt aiMae to gee such notice. IN tlet eeYerega in favor of Lernder wY not be krpalrsd In any way?ya ?- is91an d dt ^ of Oningtor or wW other WeWL Should the Real Property be 111oesadtianarse Enrmoaoy Manaoweernt Agency as a special flood hasard wit. Goo am sorest to obtain end maintain PedwW Pleod insurance, if eva6ble, wkhlm se deve after notice is obwr by Lwdw that the PrOartY ls located h e sped91 Rood hesard ens, forthe hi unpoW ptndpal balwnoa of the lean and any prior liens on the property aeftni g the ban, up to the maxlemm polby smb set Yrdw the Netiallalle food bteuranoe Program. Of as otherwise reoull by Lander, ad to maintain such insurance for the term Of 00 AppEeation of Preeasds. Grantor chase W*FnMfY WHY Lander of any to" or d@mags to the property. Lander may 8K 19S4 PG0 782 MORTGAGE (Continued) Pop 3 rises proof of loan if Grantor fills to do so within fifteen (151 drys of the asaueltY. W hW. or nsr Ledeea $*&A* N MV*ed.. L*Wor may.' at Under's election, reselw and ne101 the peaaada of W.W kme-nas and "* t w'PMGO de to the.reduction of the Inhdeblsdrheae, WYnem of arty port 01 -H q erns Propwty. or the rsstoretlon and repair of the Properly.,. If Lupdor iNcis to apply due pmamade w -M do I and repair' .Gunner am repok or replace the damped or destroyed lmprovemmu In a mercer sedsfsobmy to Lardw. Lander shsN, upon satisfactory proof of each worpedlbure, ply or reknbnroo Grantor from the pnoeaede IN to researile oat of repair or natontion if Grerar in not In default under this me tg gm. Any poaaeA which have not bass dM6urnd wMM 190 dew after thek nicelPt and which Lander has not committed to the shelf be used first to pay any amount owing to Lander tender this 11, g gg than Property an w pmV accrued Interest, and to rweekedsr. M any, sleep be applied to the pdtw*d balance of the IhdabtaAnw.. M Lmndw Melds any proossds after paymsm in fun of the Indebtedness, such proceeds shop be paid to Grantor as Grantor's bvmsm may Ipper. L1NIDglt't WOOM Uri S. If Grantor fops W to keep the n P y tfree he of all taxes, of to RWO • nvJ*Y a e? snoun&anoas, and other claims, (S) to provide any required Inimmrance on Property than tender may do so. If any action or promoding is co awned that would materleRV affect Candor's Interests In the property. than Lander on Grantor's behalf may. but Is not required to, take any motion that Lander believes to be appropriate to protect Urxises Interests. AN expenses iovred or paid by Lender for such purposes will than bar Interest at the raw otwrged under the Now from the data keured or paid by Under to the date of repronent by Grantor. AN much expsrwes will boo" a part of tie lodobted mu and. at Lanidkr'a option, will lA1 be psi Al on dwn@rK% (5) be added to pe a to eeo I me due du the N belonce of the Now (1 i do un h of any a y be appo 11, applicable I n. and o1ies pwbe pow We . or (2) do whwrdno term f tie Now: at (C) be womtad as a balloon to yntant which will be due and I I l at the M Mea ffww tai. The Mortgage also YA rove IwYmenit of time orttmm. The nigh provided for In this it ii Of shd be In addition to any cow boa pwrd arornedles to s ou" do d which iimit io ? as to ? bbe I'd on Mccunt er Lander front any of i eft WW dekWL U It ottwwYbewm -14 by had. Lander shelf rot Grantees obligodon to Louder for all such expenses eheN sunlw the entry of cry nergaga laaoleu n Judgment. WARRANTY; DlWNiE OF TITU. The %Nowkg provision rslatkq to ownership of the Property am a part of this Mortgage: TNia. Omnwr wamnta then (a) Grantor holds good and makstNuM title of record to the Acpsrty In in simple. tras and door of all liars and encumbrances odor than dome on fortih In thi Mal Ptopi* description a in any ON Insurance policy, title .sport, or final title opinion Mooed In favor of. and accepted by, Lwde In aaieetlon with this Mortgage, and (b) Grantor has the full right, power, end authority to astute and deNwr this Mortgps to Lades. Doom of This. Su*ct to the examodon in the peagnaph above, Grantor warrants and will forever I I the We to the Property against the WwtW claims cell peaore Inthewent any natter or preaesditg N oo m om eed to questions Onntoes tilt or the Interest of Under under tide Mortgage. Grantor chap ;Q the aadon at Grantor's expense. Grantor may be the nominal party N such proceeding, but Larder shol be entitild to pwdcpete In to proossOM and to be represented In the proce A if by counsel of Lnder's own claim, and Grantor will deliver, or amuse to be delivered, to Lefler such losowwu as Lardw may request from ON to time to permit such participation. Candi6rw WNh Laws. Groton warrants that the property and Granwr'a uee of tits Property complies with cep oxfodng applicable laws. ordinances. and reghletione of govorn entai ou t horhiu. Survival of Pmn w& Al..promhse. agreements. srd sun m ants Grantor hoe mods In tie MwWp shed survive time execution and delivery of this Mongolia. shop be milkluW4 In nature and shelf remain In full fora and affect had such time me Grantor's Indebtedness N pail In full. COIMMATION. The following provisions relating to condemnation proceedings are a pert of this Morwp: IN- -h @ . If any proceeding In condemnation M fled, Grantor shelf promptly nobly Lander in writing. and Grow did promptly take such stops as may be nacessany to dated to aotlan and obtain the sward. Grantor may be the nominal party In such proceeding. but Lander shag be en I'd to Wddpow in the prooooig and to be represented In the proceeding by counsel of its own ahdom, and Graim will deliver or apse to be deNvamd to Lander such I wine. ento and documentation N may be requested by Levier from time to tiro to parnit such perticipedon. Applood n of No P.ooeeds. If see or any part of the Propmrty Is condemned by eminent domain prooaa I a or by shy proaupng or purchase in Neu of condemnation, Lender my at ft eteotion retire that all or any portion of the net proceeds of tit award be applied to the IrdabtWnees or tin repel of issmodon of the Property. The rat proceeds of the award shell mean. the awed sfwr payment of ell actual cow. =q wnses, and sttowwp- was Incurred by Lefler In oon action with the cotdemmstlon. MNPownw of TA n. NSr AM CNAf M SY GOYOIfMWffAL AUTNONI M. The following provisions releft to governmental teas, foss and *ww are a part of Oda Mortgage: Ourrort Tease. Few aid Chortles. Upon request by Undo. Grantor shell exawte such documents in addition to thM Mortgage and take whatever odor action M requested by Lander w perfect and , - 11 ,ue Undoes Non on the ft el Property. Grantor shall reimburse Lander for all taxes, an deserted below, together with ail expenses kncxred in -dknp. perteoft or owdruuig We Motgags. kwkdno wittwu t lm udon all toes. fees. docmenary romps, and other charges for a= ng ar mgMtwrkg this Mortgage. Tames. The folowh shell constitute taxes to which this esction apples: (11 a W"flo tax upon this typo of Mortgoga or upon ON or any pat of the Idebtednaes seared by tMe Mentggs; (2) a apes Or tax an Grantor which Grantor Is sufhsrlted or required to deduct from p@Wmm on go kdnboodrwe seared by this two of Mortgage: (3) a tax on tide type of Mortgage c argwAm against the Lander or the holder of the Now: and (4) s apeepic tax on see or any portion of the Indebtedness or on tsymerta of prkhclpal and Intareit made by Grantor. $4960" Taos. M any tax to which this section applies M enacted mrbwequemt to the data of ties Mortgage, this event shelf have the moms ailoc as an Event of Default, and Lender may a ercimw cry or all of b mkbM rommd es for an Event of Defalt me provided below uriess Grantor aithsr (11 preys the tax before it becomes dslnquuart. or (2) contew the tats me provided above In the TUN and Usns section and deposits with Under eeaih or a sufficient cwpcm suety bond or otter escurhy eetiefac" to Lander. g[CLWfy A?f: PMANCING STATBNSITS. The followkg prov(elons mlatkq to this Mortgage me s security ow" M am a part of this Mongape: Gostrlty Agreement. ThIM Instrument " constitute s Security Agmansnt to the extent any of to Property taetlWW tcurm, and Lander Nall haw all of the rights of a secured party under the Uniform Commercial Code as amended from dins to tide. geaurlty Interest. Upon request by Under. Grantor shall take whatever action M requested by Lander to pored 9K 1954PGO783 MORTGAGE (COfltIMNd) P"s 4 and Continue Lander's a#aft, interest in tie Par=W. @roMW- In additlsru m NeardlIng *4 Mortgage in the real ramoorde, 'may- at any *no rd WWWA had. -WAV tlo *OWI re101011 fib "M ante r repoduotlone of this Mwww as e for M tomes mound in Ps!aaelk or Continuing tide samrhy -I I Upon fade, Orator ohs not remove, •svr or datall t the Pvaortal f OWW from the Propoty. Upon default. &.*or stud ase.nbb any Pourer Propetty net ~ 0100 Property In a many and at a plea means* owwani@M to Orantor andto Ltheandaer Waft It 01"I" to Landes w1Wn elves (3) days after reoelpt of written demand from Lender xtannd at Psm ttsd by applicable low. Adiauw. The mWro addresses of Grantor (debtor) and LaMar (wrasd party) from which Information NIng the -=fly interest granted by this MwWp may be obtetsd (esoh as required by the Uniform Camvn"I Co" are w ata11W on the first paps of this Mortgage. fl MM AIVJRWM. ADDITWM AUTNOMATWO. The following pro" m rs rdrtg to frdtr ~,,a and additlond eudaAntlom are a part of this Mertpspe: Panther Asrvionw. At any time, and from tMa to tits, upon npwat of Lander. Gmnaor will make. execute and deliver, or wo Caere 10 be made, axaotrsad or delivered, m Lander or to Lando'a deapgnes. and when repaesad by Lander, ones to be NW, reoordad, retMd, or rerecorded, as dw on may be. at such dwag and in tuoh ofik:w and Otiose a Lender miry deem WropAna, any and el such mortgages, deeds of trust, somil y dart, aeoufty agntner MI f M"V wtenm,te, continued- ate)--M. rubtrnsrtte of hrthar saau nWW oarWANK, and odes doawsnte w may, in the sofa opInlcrt of Larder, be tsossury or dnrsbb In order Io effectuate, complete. perleot, aontlrsw, r Praaarw (1) Grantor's oblg iderw under the Note, tier Mor qW. and w Rdow D"GameM. and W end guns and security Interests seated by do Mroaga sa lket and prior Rene on the ROWty, wlati+r now owned or Itammmler st pked by Grantor. Union pneludmd by raw or LoWN "pew to tie contrary In arnitky, armour alert rslnmtbu"e Lender for all costa and atpnsas Incurred In oon necdon With the mstten referred to In tine paragraph. AdditW ArtlarYaror. If Grantor fags to do any 01 tfe 2*0 referred to in tee preceding paragraph, Lower may do ea for anti in the norm of Grantor and a Glutton's opsme. For WA Purposes. Orartar hereby ime"Olbiy" WIM Under 10 nab, aeaante, delver. 00, Mond and do all odor digs as may be dselrobI In iaridu's sole oPktiort, to "oodnplfah the natter refrnd m in tlM Or nownay it is U"dretaad that mathlmlg set foM hrain Owl reprin Under to tab any such sadispreceding pWWWh. h is im L 111001111100CL If ? Wys ON the IMtbtednw" when due. and Winer a pnrfonm ag de obligations Mortgage. Lender aw exewa red delver 10 Grantor • suitable satisfaction of this upon Grantor Mortgage and in se asultsbis hstatements of nmulnetlan of any fknnroIng 11011111 M OR file evldanakug LwWor's sootahy interest time will Pay. If pemdtbd by applwbla low, any reaaoeuable tarmmtkalbn fa as doom nbwd by Lndr from *no to . EMVB M OF OWAULT. At Under's option. Grantor wig be In default wudar this Moreg igs N any of the following OF : Paymwt DafodL Grantor 141111 1110 make any payment when due under the kwobtedraae. DefYdt an Dguer P"yaaelete, Fak" of Grantor wldlin the time MP*W by this Mregage W make any payment for Imes or insurance. or any other payment noosawry to prevent )ping of or 01 affect discharge of any Non. Bra* Olbu Pramtioes. Orentr breaks any promise made to LoWr or tale to perform promptly at tla time and strictly In the manner provided In this Mortgage or M any agnrtsnt -bred to this Mortgepa. Pa len It IMMl I . Any reFreaartodon or abtemont made or funWsd to Lander by Gramm or on Grantor's behalf under d6 Of fin Related Documents Is false or misleading in any nwwrlel respect, ehtw now or at the tins made rf lunilded. Ddudve DaEMsmil"o t. This Mortgage or any of the Role ted Dornnente ossess to be In full fora and effect W for &W dlitdng? of any 001 ! document to create a valid and perfaalW security Inbre 11t or pen) at any time and G WWI bwaivwtoy. The death of Orarar, the hwolvotCy of Grantor. tM appointment of a reoMwr for rry put of POP". OW assignment for the benafit of reylon, any type of creditor workout. or the am ensemer of any I ", Ing under any bankruptcy or Insolvency lows by or against Grantor.- a vital Is TWft to hoWly Any erupt" or govens meal agency ulna to tab any of the property or any otlw? of properly in whsh Under has a gen. Thin Mak+dw futile of, g• nWft of of lewyko on Orentor's aawwt1101 Witlt Lander.. Noweva. M Otantr disputes In good fsM whWw do ursine on wtdoh the teft of fin PeopsrW is based b velid or reesonsbis, and If Grantor glue Under written nodes of the OWnt and hrtdshes Lander with moM"s or a mrmty bond saWfactory to Lander to setisfy the claim. then Was defadt provision will not apply. Its" of Dow Any b of not misdad breach by Grantor under da earl of any otter agreement between Grantor and ca" n der O any 4tdebtsdrsw or wNdn any otla grew Period provided 11101111n, inakdYq wkftotrt Nanhada any agreement obligation of Grantor to Under, whedwr @**Ig now or low. Evers Aft eft Guarantor. Any of the preoedko events oooue with respect 10 any or s oon+? pry of ry at ties Indebtedness or any guarantor. ndonear, a, ty?or , qty. Party ent of or or NOW indebtednan. in go ev dead% i.nder, at IN optim. vat , of, under. any Guaranty of the M OW not gutreracr'a 011100110 none unogeildrygy On obNpedas Whaft Under guaranty in be reaulred to. a manner tatlei?ieaaio Lander, and. In doing ea, an any Event of Default. Y• Under In good faith believes itself Insecure. 100 M Cm- If any defoulL odor than a dshuit in psynsm is cm* end if Grrer has not been given a notice of a Wasah of the same "Adrt of tide Mange" width des precagag twelve (12) month. it may be grad if Grampn, after re"" wrMn nadoe horn Under damartdro are of soh default: (11 cures the dofadt within RMen (151 do": r 12) If We wire requires more then fifteen (I a) days, hat-- Inldnn sops which Under darns In p utdrs seb discretion Is be sufficient to sew the default and tlw 4o er OwWrareo and oompbtee all reasonable and moasery .saps sufficient to produce compliance a non w room"* orewdoal. IrOMS AND ROOM ON DWAULT. Upon tM occurrence of an Event of Default and at any dime dwreafsar. Lander, awake any one or more of ds following dgh10 end nnteA . M addition to any other rW a or FOVNW by low: app5oeble bwum ' 10 declare the re mmdPta". Lands end t shell a vas t Immediately at its option, after 044 such rtadwes as requred by des and payabb. ONI954PG0784 MORTGAGE Papa 5 tcondnwd) UCC. IMwero. 1NNh:rispiat'to an or any Pat of to ftw". Propety, Undelr star 11sva .r da righa and rm.dNi of s ..erased PatY uride 1M. UnRorm CorstefdN Coda. and Doom Rota. Undrar.hear have Via ftM. wMaut nedoe to Grantor, 0 sate Poaae of ?. 10 P? PnopertY " corset de Rom, k4Wq .rndana pest des and tsipald. ad aPPh 1M flee prooesda. WdWs In ttefnsrafnaa of tli. fkm, lards my r.gtdra wry tenet or odor uww of tM aaaf?, agm ft ?• M oaftWAd by Lender, thM PraMty to nub Payments of ram or use fees d reaft to Larder. M h dPe Iberia Viol PA dwood in to tnatts of Grantor Grew IMVMW wt-i a Larder to otndoraa krttrnerMS UrdM 00M and to fupoWa des same slid ooract tM proom ?w p&Vm ? in ds whGdW net NOV Miles WCUto L for one os idees L? may es ib rWm -4er We vA w@PM N ~ in Parson. by Nwrt• or ifrough • recelver, ten of ter or any part of Appebmt Reedy r. Ueda .ter lfaOt fife right to stnsProperty. w ? ? ?OP?y Pear ? a or da Property. with the Power to praat andPrMe M 4P* adg. ~ ad dmm to am of ft "Is, and to 0~ tM.Raids from the Prop" and eP 0 Press bond If Pamltiasd by tow. Undoes fight feeNverNiP. Napes tie cdv rase. The -Ww may ve without exceed. dn. to the ep0oknment of • M receiver char exbt winadur or ow 4e the s00aa l Vekw of do Prowty kwabadnew by . mhgt.nW anaam. Employment by Loader attar not digterh a PMO^ from gory" w • resolver. Judidd Fasedesaa. Lender may obtain a Jud1eW defies foredosinp Grantors Interest in all or ary Part Of de PMPWW. NW*xftyf Sd,. If p m"W by spppesels lava, Lendw may foreclose Grantor's Interest In NI Of In ary Pat of tie Personal Property or de Red Progeny by oan•Nxrold Vale- film to Derolafay Judg rent. Larder may obtdnt . Judr? for any deftionry ramNNno in the Indebtedness Lodw after application of .r .mains received from 1M exerds. of the 400 provhlad In tees section. TW,MW K 3ufhnnw. M Granter remake in Ps«sadon of de Property .flW tM ftWW h eold as Provided pay y a n of de.PfoWW upon dahtdt of Orwmr. G fi) stow a Landes at ri ere boaaaes dw wvdm w a pnh@W of tit PMWW end dtSN, at Latdses option. alder a a e reason" a tenant renal for r ft ds ixe sulhf Lo Len of d t010 ar property. property. 2) vacate ft Progeny knnedat* upon the do w of p Lendw. 0lh.r Renrsdise. Lwow sin have ter other rights ad rerredbs provWd in tiie L"op or Na Note or .1rar.We at tow or M equity. MN of the IN "a 1. To ds exam Pamlttad by aPP1006 law, Greater hereby welves ley and ON dohs to here ds Preporw mardisiled. in lye In in one "is ge OWNS OW lves. Undo shad entitled to bid at any public We ees praPatY tog-do, or eep.nap f• one or by up e on am or any portion of de PmP*rtY• Ned" at sea. Lade will gin Grantor reasonable tense of tM d ma aid place of any pubic ads of tM `911" a. Unless tie gyre efts w ow pOhAW lord ee? qhd now of .0 ? K bw Is to be m tan tt0) do" made. balm the time of ell of d des NOW . W tad or dbybapOpotitiapple" Any sae of tM Posenal Roperty may be made in cordanadon with n tl any ages of to Rest Propatw. Mos ion of Re sass. AN of Lades rioha aid ranedl- wit be -Whdve and may be exeteWd alas or togetim. An election by Lender to diom any ore ranedy wlr not bar Lade from uskV any odw rer nady. It Larder deoldos to sPad merely of fa fpm any of Grantees obrr der ender this MWWW. afar Orator's falhre to do se, dw decision by Undw will not .fact Lender's rgM all dsobrs Grantor In dahtdt and to -raise Lender's ranedles. ANSnne"' Fees. Eepores. M Loeser Inedt nes any auk or action to onf rte any of Ow twins of tits Mortpspe. Ladar sham be v Pill d W raoover such own as the court may SdWp ratsenable es soon"' ties at VW and upon any appeal. VAwt? r or not any court Satan IS involved, and to dw scant not prAl+blad by law. all raseoroba expanses Ladw In, a- that in Laderes 00 10' are rnso.taary K say Wm s for ft proactbn of its Interest or 1M enlorcaroint of Its dgha IW bacons a Pat of the kndobtsdrees pw vW on danand &W *W bear Inaraat at the Noe rate from the dew of tho aipendkae hod repaid. EWnwe covered by this paragraph Inoliada, wldeut rrnkatlon, however subplot" any melts ands apple" taw. Lenders attomor", foes ad Untde s INN axpusss, whedw or not Mare N a lowsuk. Itchaft etooWV I few and expenses for befduttpoy Pools" Onclu +r effota tonwft ar vacate any atft M@ft lW w.k*atatianl. and any wddpaad poa+ firm mu oorootah MViws, tie oust of esadflq record.. obtaining this dam Orallift fafedaerse reporeN. ataveyora' reports, ocen In iddla el s all dt enkWWWWW. s provided to bey 4x Psmdtad by apple" low. Grantor also will Wy orri NOTICES. Unless odmwbe Provided by'appro.W low• any notloa mlliked to be gkvn under this Morro p shall be given in wrftino..nd ter be affective wMn eettdy ddirarad, whop seamy fecal i bV tlratacekda brd- odterwao roqudrod by law), win delosI WO • nadasrlr racoon 9d owmn<phe aside, or, It mNNd, win deposited in ft Urdtad states nee, as fleet does. muted or nratwed mar postage Prepaid. directed to ft addresses allown fear ft bsIII * p of iha Mortgage. M aopiw of fwdm of foradesae from the hall of ww ran wlioh hes prWW over fide f+Wtgave oW be cam to Undoes address. w Hawn new the b.gl I of Ws MorIll Ie. Any parson may drernge his or her address for nodca cedar dds Mengso by ghAng to i written rncdoo to tie other parson or Oases, spsolfyktg 1hK the purpose of to notice is to dump do person's ad&"*. For mdse Purposes, Grantor agree a bop Lwdw krionasd at sr Wren of arm toes current address. Udw agm w pow bV avPlisable sow, R dens to more dun toe Grantor. any soft given by Ulrdsr to ow Grantor Is deemed to be given Grantors. It will be Oren @ rasporebMw to ter de odors of the notice from Landes. AWNTAKE RATE ROM. An uhrtlt, titled "ADJUSTABLE RATE RIDEV is sdeded to the Mortgage and by tide reference Is made a part of finis Mortgage Net a it all On provisions. toms and oonddo a of tM Exhlblt had been fully set froth M doh morWaga. MIBCILLANUM PR0y11110142. The following mleoallaeous provhbns as • pan of this Mortgage: Amiondmanes. VNet Is written in die Mortgage and in du Related ef> r+? ow dianips or amersiment a mwdnMls Lender cancer" Its matters covered by Oft MwWage• To be Mertoage must be In wdit and trust be signed by whoever will be bound or obligated by fife longs or erner?dnunt. Cgale n Hadnge. Caption Msdhnge M die Mortgage era for convenience purPaeaa orgy and are not to be Used to Interpret or dofsfe the provhlons of this Mertpepa. BK 1954PGO785 y MORTGAGE (Contlnwd) Pops 6 Gehwntbq Law.. TNS Nlatlpos will be 9 byfederal Iaw egM6is to Lander and, to the satrnt not PeuuuMed by fed" Mw. the laws of is Caaanawr - d Prlna "Omn tel9raent =.b M a dsttlEase of low Pravlslee. This Mer"W has been accepted fat Lerhda In oho CarrauharwesM d Pw. Jelst sad 9sverd LS@M ty. AN obligations of Orsmr under this 11, igsoe rlhel be I** ad several. and on IN low to Groton shoo NNW esoh all ovary Grantor. This means that each Mwtor sgmhp below Is neOorWbls for d obligations In We Mortppe. lw Wdwr by Lender. 0 onbr understands Lander will not gkv up any of Lw4or's rlgfms under trio Mortppe mess Lender does so In writing. The fact that Lander dsloys or omits to exercise arty Apht will not amen that Lahr hoe pion up Mat defm. M Lender does apes in with w gin up oat of Ladr's ripMa. Ow does not mean Grantor will not hove to oompty with the other wovielra of Of Alw4w. Grantor aiee undws de Mat If . . does consent to • request, to does not mesa that Gromor will not haw to list Leah I Is consent again if der doustion happens mosin Onntor ft~ utdwstatds that just beostw Lander eemesrats to era or more of Grantor's requests. Mat does not moor Lander will be required a consent w any of Grantor's ka n requests. Grantor walls presentment. deunad for psymsnt, proverb and notice of dishonor. 9eeesbfEly. M • court finds that aw Powlelm of trio Mergepe to not vdd or should not be Mforood, that fact by Itself will not moan that to rest of aids Metppe will not be vdd or erafanad. Therefore, a court will wft the rest of to provisions of this Morpepo awn If e provision of this Mw%W may be found to be bru or usnfOrCIP N. Merpr. Thos shall be no merger of to Interest or outs crested by this Mongolic with any other Interest or emu In the Property at any On hold by or for the benefit of Linder In any apechy, without the written consent of Larder. Ouseessr Interests. The toms of ads Mortgooe sell be 11 h1 - upon Grantor, and upon Granter's heirs. personal spnsetaft , successors, and seelpr, and Md be adorce" by Lander and its successors and ses%na. Than is of the Eaena. Time Is of do seesnos In ds performance of Oft Mortilop. D111F9/1 KXW. The fopowinp words ehd has the fabwbhp nwahirhps Wien used In thle Morpps: Ismail. The word 'tllorrowee new Dante G Deitch and Sheron L Deitch end Includes all coAnora and oeatdon slgnlrq to Note and d dab successors all aeaipns. DrAm imseeal Low. The words 'Emrtraamntel Lows' neon any and d state. federal and local statutes. eComp ohou" bwironrein On p - olk of human health or Ow ww1runmeriL Including without the tsl Reepwwt, Conlpataeten. wd UsbOV . n anfllded .42 U.S.C. o atlon SWI, at asq. p'C91CLA1, do >lupwlwW Aeendmae t and Rsoutherkedon Act of 19ES. Pub. L. No. 96 499 ('9ARA•). the Hazardous Materials Transportation Act. 49 U.S.C. pootbn 1901, at seq., the Resource Calastlletltun and Resovary Act, 42 U.B.C. Section 9001. at seq.. or other tI 11, W state or fad" laws, ndes, or r gul d, r adopted pueuent thereto. Eves of Odadb The words 'Event of Defeuh• mean any of the events of default set forth In this Morgape In the watts d default good, of dds Mortpps. Gueuaer. Ter word 'Grantor' means Dennis 0 Deitch and Sharon L Dahch. Guaranty. The word 'OuwwW mew to guaranty from guarantor, endorser, aunty, or accommodation Party to Loafer, I ncl uiing without limitation s guaranty ofd or part of the Notts. N.s.relww 9tabsovsse. The words 'Ha Wdws Sdbawnces' mean materials dual. because of their WWAY. arwattaIt, or P, I '. L dneurdoel or bdaodow doreaserlst, , may cause or pea a poem r p"- d I heard to htsrwt haeltlt or the erwbonne nt when irnPopefiv used, treswd, stortd. disposed of. owruuwd. manufactured. trwhnparwd or o0wwles henrMd. The wei 'Hesodots Substances` she used In heir vary broadest saw all btobde without Imfatdon any and d ha wdotw or todc abstences, metedole or westi as defbad by or Ined under the Environmentid Laws. The tam 'Hsrardow Substances" also Includes, without INdtston, pavolem and poveleum byproducts or any fraction thereof all sebastos. iru*rMnsess. The word 'Improhwnents' maws d edatnp and future improvements. buWw, structures, ntobEs hones affted an the Real Property, teM' . addition, replacements and other construction on do Real I'MWty. bndebledtses. The word 'In obtednowl maw all principal, Interest. wd other amounts. oats ed eaperses PuhlwMs under the Now or Related Doeunana. us~ with d ra wwels of, extensions of, modiRadere of, cetlssEO a. of and abetltudone for do Hove at Releved Doeunehw all any arnolfKa apa+ded or advanced by Lander to deelnstoe Grantor's 'In I or epesee Insured by Lender to trine Gr~e obligations under thls MorWp, topotar with Intueet on such amounts as provided in this Montifte. Lentil. The word 'Leda' maw ORRSTOVM SANK, he successors and aeeWo. The words 'su ceseers or n*ns' moon cry porson or oompamy tot scquirw cry I to t In do Note. Mrraps. The wrd'Mortgaps' maw tide Mortgpe between Grams end Larder. Nees. The word 'Now' maw the promissory rove dated Jtns 1. 2005. kl OW of hW PfkM*d lfellotint Of 013&M.00 from Oramsor to LaMar, tog I'm with d renewals of, etctasiar of, nedRoedome of, nIrsnsir a of, eoreoldelora of. all wMtlWtlas for the promdMerY note or eprasnram. The mstahy data of ds Now Is June S. 2030. NOTICE TO GRAXTORt THE NOTE COIfTAM A VARIAKE WrWA T MTS. Former Property. The words 'PorateW Rope ty' mean all squlsnwnl. fosse, and titer articles; of pwm* Pope1V now or hwo~ owned by Granter. all now or hereafter Mochad or alfbod to the Red PmpwW. augur whit d accessions. Parts, all additions ve, all nplasen- W of. all all subeltudo ne for. any of such puowtV. all topotsr with d proonds Iirhdudbhg without Imitation all Insurance Peroesde all shads of pr ender al from a w sale or other deposition of to Prope or. PtepwaV. The word 'P opoW means abctively the Reel Property and ft personal Property. Rea Fro"IV. The words 'Reel Property' meant the real Property, Interests and rlohts. as further descelbad In this ltesawd DeetaanrKs. The words 'Related Documents' meth all promissory notes, credit -- M, loan pnemenw, smAronmasKel apeanwnts, puwnntes. security spuso vents, mortpepae, deeds of toot, sourly deeft ooEsMrd mersoagas, ell all other Instruments. agreements all documents. whollm now or hereafter sdedn& sseculed In connection with the Indebtedness. Rsave. The word 'Rents' mesa all peasant and future hems, revenues. Income, Issues. royahlae, profits. and ether burflta derived from tie Roper. O K I 954PG0786 MORTGAGE P"s 7 (Continued) EACH GRANTOR ACKNo1Numm HAVWO f1EAo ALL Tm FROVNIORS OF Two MORTGAGE AND KACH GKAKM AGKMM TO RR TN . TM lFFESI OF A M WAM s 6 Am rr a ACCORD6fG TO no MORTGAGE M AND !MALL COWTMm AND HAVE LAW CERTIFICATE OF MSWRM 1 Irreby anlfy, fMt she Wooks eddm$ of she mo VWO, OMWOWN 6ANII. Mrwn b a fobws: KM MW OFRCE. 77 EAST K6i0 ST11ER. !• 0 SOX 260. SfelF Re. M 17267 sWW ar owx or orMe6a INDIVIDUAL ACKN-OWUDOMM COMMONWEALTH OF FEIMMVAMA I 1q .1 OF Cumbefr land t On shb, ti,e a.y of p- I LVdWk Or?*r nle WAlebe pleyell Maw whew Ilenw n Md@Olbed to tlse WWI hmpu to w, lUlM 10 W;06" p*vW end ecknowbftW dw they enct d she ewm for"PwF ffiwele oensa - n In wmb WIMlleOf. I herw" no RW how wd efMW C' Um OF PEMYLVAMA 'd Rw L Coy. Ndwy Pubk Noah, Fubft U wd for she SUW of P M?nler, FwrMMwee Aeelel/an d Ndrlr BK 1954PGO787 ADJUSTABLE RATE RIDER se Jun 1. This AMSTAM MTE RI Is atma+.a m and b tide r.kr.nw. o mods . sm acrd 2 ? an Ddd onsous end AnnL connesdon Datleh.? s loan er other 1 w YnneW eannodaMaM of "== la Thor sdJrstettb rate rider wNi asaun to"awer's A?d?wv Rats ot tft •) t O O BANK (1M •LWWW*1 of tM soma data and coverUit the WoWtV Inevurnord wW Waged at THE MOTE CONTANB PIIOYIf10118 L M ROIL p1AMBd N THE N TMW HATE AND THE MONTHLY AM THIII M MTE?TNE? A M HWE PBOWKW A ,B ?T MTE CAN CHAPM AT ANY OW TW ADDRIONAL OOVNtA re. to adman to the sevarw i and arownwms esde in the soav.M boar eent. awe w and Lander !name Coverage and alrae a taboo: A. Wf WMT RATE AND MONTHLY PAYMENT CHANOEB M rw broerset rate wd the nwrrdy The now pw4k%o for an b*W tote of 7.28%. The Note p ov for thieves peylrrarrlt. as too, ... : IT panto Oemm The Yaaremt rats 1 vrM pay may an *4 lot day of .hrs, and an dot day ever y tweM mamhis) dwadNr. clralte Eesk daison wldd+ my btawvet nm ooW shags M odod a 'Clops Date: Nil The bum _ Bgbakp no the fr.t change Dap, my I He rats ?wig be based on an I des. The 'b?dse b the 900-0--y- wataM MOM of I V401161. an WAVIIIS wAS" by 10 Room Boyd. The non roams Wax ftwe avddiN as?e dam 48 drys !okra moh C1ope Done cobd 1he .C- Indm, t What In ne lager avWkbb. the Lender wN choose a now Index whlah M based upon oonrpmrdb do ve w . TIO Ndw wd *n me rglbe of thb ohdos. (C) Caladdw of Chrrpse Wm Bash Chrpe Dam, tM Lauder wig eebdam aw new kremeet ram by oddbp 2.7E pnenMaM pebM m 1M pba MUM Bthiest m rests Wim staged In fseren W bdsw hie rmwd?id amgaart ems? t ?awdw po waM be edEmlma m ram tM WOW p 4 - em I aw egeowdi duet at ft ? 011100 M tl~ia On now VIND aeaof dam at or maw rawest ram In aftwi ON, now p" 1 aw ararrddy ps rowtt. (Dl Lbobs on krewsa Nam Chwpss The bon" no flat IM ro* kad m Pay as the be pops Dam wN net be peow than two pweaaklfe Pdo {2 OM) war tls er-Nkd kmrset rap. Thweafiw. my bewwt ram vA never be btaaand er daa.ased M say ebMa Chwpa Dose by laws *an 1we PwMMP Parise gel W%1 boar to aids of know 1 bvo boat Peft *A pssatftrt lasbra WARMS). MY kmaraa rte wN "WIN M F9WW 11011 ab pmrewaats Pane LBAOO%) war the altYral tntarast tae. Ht Wharvs Dom of popes new inind e wwd ft .oer.+t of rah, and a., pep sod M?jI I an the first i x If Iv Paw 6" after thChonp e chm .?O.tl b rpop of pwmas The I I wig datFw or m W ms a nabs awry Mopes M my Migrant nee and the erasure of my amid paynwat Mtne the efkervs dote of any ettn I . The nabs vA holuds bdwoodar fo*ded by law m be then m rid and do do ran and tslmpltare ran, of a parson who wN smaw any pasrkn t nay haver so irk the aabe. B. TRANSM OF THE PROPMTY OR A NNOWAL NTWAST N BOMOWNt UrMwm canning 17 of do BaorakY YtAralraett Y attwtdad m read ter fotlovrs Transfer of ro Paperty or a WraNda Meuse h Mrowar. N d or say part of *A Prgarty or may harm In k In wbbwa Lamtlr"s priory ii la n senses. Lander wAy at IN q0m lapis Mwodow papaNa in Ai of of wawa ss by rda fearaky Manwawa. However, this qd m mlyd rat be aawabod by Lenndw N Ywelaa b PraiMM by kiwd 116 be net spordes low as of *A sobaddmed a Lei I I I, alabn required bb L In ovdain ns i f Mw . . r HA iwlw ? is W. N)s sw rrbban sense bdgsj mods is the tnawfwset mid (b) Lardw rseemdly dawoios rot Laude's nrAY wig not he kapabed by go bon aawwgslwt and the the risk of a brooch of an osvarrrrt or veremont b tldm teaaky bstrtaneve In saeopWa to Late estwa pwmkad by epp&x" bw. Lmdw may dwp m mmn@W fm • s oondMon m L.rt I Is Caoeat of ro ban anstampren. L older may d w require on trorsfarmm sedp an ssawaprar gresmpa drat b eaepttib m mW In Ow Now said In Oft III 6000M L No OWN VAN eeedrrrs to be d pftd wdw ro M140 and rds SGWAWbokvnwrt udsse Lower Welding tleaowa M vwkkp. M Larder ntaealmsa the eplon to regdo Irwasdk.m penaranm in %L Larder and Iko tlarov er noose of apelarerert. The nabs rind provide • PwW d mat Ise than 30 drys bamr ro dMm tb rams b ddvaal w floated vdMlm whisk Berra' si awn pay r Nola ms - - by ode $gawky baawoooL E twrowr fdb N pis roes swam poor m Via awte/Nr of thk palod. Lads may klvdW any ranuiass perm 1- by thin BoarmRY blarw an - wham ftrrra manse or derrwd an Donowm. INDNMAL ACKNOWLN)OMENT Commorrwsdth of Panneyh1orrb 2 tt county of CwnbwtwW aria. Lday of Y1 t 200(x, bskre n OpeA t, r --,r,dsrapwT Nagy PubBa, paoa+r i tome m s Io aaa Raton Y pwa a as id the psraant loans ' m that tr w mis easerad rr seem for to pwnase tltasbt aerrsabod. In vAness wltwoof, l ttsrortm ma nw hand and oMad rowvITFI OF PENN Room & CAM No" p we Sam a jum2L Modes. Panaltrerie Aredaaen d ttewrlee of 1954PG0788. ADJUSTABLE RATE RIDER (Condmnd) Pop Z TNN ADJUVAKE RATE ENS 0 DaMM ON JUNE 1. M& OMNM: EI E? ;twl ww ?w w. ew. wrr wwr •rrrr ryrw?wa •r BK 1954PGO789 WGM f "A" ALL dw COtfaat leant of laid sluft in Wirt Pewstam Town&% Cumbalmd Cooaty, ?. w bounded wad desuibed st follm: B rO st as iron pia is the oen line OMIL # 21034 Iaad4 from pbb" m Or MV4 pin is Nor1b 4 dgpew 4S miauea Bast 210 ftBom the caaaac Hw ofTowa ft ROM # T-446; twoe by odtoc land of Imw Owdd 1Uawama and w* North =3 &0w 12 wiMa Wort 210 Ebel b a Oft t w o$ by dw Nme, Nadt 4 dip 49n 6wn Bet,193 feet to a stt; thauoe by firs same, South t5 dspaw 12 miwtes ENA210 fbat to a pin is the oomoc flm of LR. 0 21034; demos by ft oaaoar lies of aid road, too& 4 dtVas 4S mjMww wewy 195 tbet `o the Ptaoe Of • C*Md ft 40,950 wpm #M aadbaiaR dapuftad aoootdtag to a survey tbaaof by Nod B. SmW R.S:, d" SMUmber 5, IM a copy ofa" is aKadted bom as pert of thts dead. BMNG aabjeat to a bafldiae set back tint wbM b 40 Sat Wat of the proposed of way line of LL 0 21034, Nlttcb latter Do is 23 hK Watt of the eldift owiW Va of sdd road. BEM the swine peantaea which 1A*w OaNd 7U MM ad Oak Ruth T6ttmma, tmwband 09 vvlSe? by &* lead dated Sspt nbw 26, IM In dW Cunbalmd Conaq? ReWWW of Dad: OW= in Deed Book "V", Vohmme 24, PW 253, Braata a Ad Conveyed 900 Danis 0. Deltoh ad Shwon L DoWk husbead and v* Gee AOl hwiAL PARCEL NO.46.07-W7$*M ?,er«ty utiz) w be recorded in Cumberland County PA Recorder of Deeds 8WI954PG0790 464?11? ODDSTOWN ININ BANK A Tradition of Excellence December 9, 2009 Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pa. 17013-9469 Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT "D" 700 ??G goys Oy?? ?y'?a i3 000o S9(, 7 P.O. Box 250 • Shippensburg, PA 17257 9 717.530.3530 9 717.532.4143 fax LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCT. NO.: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pa. 17013-9469 1300005767 ORIGINAL LENDER: ORRSTOWN BANK CURRENT .LENDER/SERVICER: ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 136 Greason Road Carlisle Pa. 17013-9469 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 6th $ 905 93, November 6th--$ 905.93 and December 6th--$ 905.93. Other charges (explain/itemize): LATE CHARGES--$ 1,445.46 TOTAL AMOUNT PAST DUE: 4163.25 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4.163.25 PLUS ANY MORTGAGE PAYMENTS AND LATE CCHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NIA IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. i IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: P.O. Box 250, 77 East King Street Shippensburn, PA 17257 Phone Number: (717) 709-3029 Fax Number: (717) 709-3091 Contact Person: Betsy J. Smith E-Mail Address: bsmithC?orrstown.com. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 of Capital Region Loveship, Inc. 2320 North 5th Street Harrisburg, Pa. 17110 717-232-2207 Marantha 31 West 3?d Street Waynesboro, PA 17268 (717) 762-3285 Base, Inc. 447 South Prince Street Lancaster, Pa. 17603 (717)-392-5467 Opportunity Inc. 301 East Market Street York, Pa. 17403 (717)-424-3645 PHFA 211 North Front Street Harrisburg, Pa. 17110 (717) 780-3940 or 800-342-2397 Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pa. Colonial Shopping Center 970 S. George Street York, Pa. 17403 (888)-511-2227 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, Pa. 17331 (717) 637-3768 CCCS of Northeastern Pa. 202 W. Hamilton Avenue State College, Pa. 16801 (814) 238-3668 or 800-922-9537 Housing Alliance of York 35 South Duke Street York, Pa. 17401 (717)-854-1541 i 4411? ORRSTOWN BANK A Tradition of Excellence Sharon L. Deitch Dennis G. Deitch 136 Greason Road Carlisle, Pa. 17013-9469 December 9, 2009 Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. P.O. Box 250 • Shippensburg, PA 17257 9 717.530.3530 • 717.532.4143 fax 1 1 1 r LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCT. NO.: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle. Pa. 17013-9469 1300005767 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) i r r' r HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 136 Greason Road, Carlisle, Pa. 17013-9469 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 6th--$ 905.93, November 6th--$ 905.93 and December 6th--$ 905.93. Other charges (explain/itemize): LATE CHARGES--$ 1,445.46 TOTAL AMOUNT PAST DUE: 4163.25 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE- TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,163.25 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other reguirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: P.O. Box 250, 77 East King Street Shippensbura, PA 17257 Phone Number (717) 709-3029 Fax Number (717) 709-3091 Contact Person: Betsy J Smith E -Mail Address: bsmith(&-orrstown com. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: v YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 of Capital Region Loveship, Inc. 2320 North 5th Street Harrisburg, Pa. 17110 717-232-2207 Marantha 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Base, Inc. 447 South Prince Street Lancaster, Pa. 17603 (717)-392-5467 Opportunity Inc. 301 East Market Street York, Pa. 17403 (717)-424-3645 PHFA 211 North Front Street Harrisburg, Pa. 17110 (717) 780-3940 or 800-342-2397 Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western Pa. Colonial Shopping Center 970 S. George Street York, Pa. 17403 (888)-511-2227 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, Pa. 17331 (717) 637-3768 CCCS of Northeastern Pa. 202 W. Hamilton Avenue State College, Pa. 16801 (814) 238-3668 or 800-922-9537 Housing Alliance of York 35 South Duke Street York, Pa. 17401 (717)-854-1541 V L 4 7 7008 1830 0005 0472 8920 ? y m v s ? S$ ? c2 ? O Ti C". Jw H css:.r:e n co I V 0 0 Z V N O N O 0 N r? T 1? 'O Z v a 3 on 3 mo a= r O 3? ?N y Q J a? 53 ? O n o ? 3 ? n ZL L 3003dlz Y40H-A C1311VW )OZ 60030 £L£b8ZM`0000 07,30 C s3ruwa eawuu ?-?_ Ail, lllOd ssvo5 VI J y? N S 3 m N Z CA a CI C3 05 cl: LL C C C C U C n 0 C EXHIBIT "E" t L 7 7008 1830 0005 0472 8913 ? m ? vl co N Z m O IvR z ? 1 ro o ? i P ? ? N C y it O 'O o r f, m Ln -0 I 3 a a a nR oil 33 ?3 a? ° 0 a ? o C 0 n 5 9 Z 1_ 6 317oo dIZ w. os;j agiiv" ODZ 60?? £6£b8Ztb000 m Z0 s,"° w 1 N A C 3 N 1 C C L? G Q V C c I __,- -; SHERIFF'S OFFICE OF CUMBERL~~I~I~.~C~I~,N~Y = Ronny R Anderson .4hariff r•~ :~ Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~tx~~'E~ of~aanL~ k~ r~; rj 3;; ~~~~~ ,~- Orrstown Bank vs. Dennis G. Deitch Case Number 2010-895 SHERIFF'S RETURN OF SERVICE 02/16/2010 05:25 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sharon L. Deitch, by making known unto herself personally, at 136 Greason Road, 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. 02/16/2010 05:25 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dennis G. Deitch, by making known unto himself personally, at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.84 February 17, 2010 SO ANS ERS, ~~ O Y R ANDERSON, SHERIFF w ~,~ --~i~ Deputy hariff !c Coun`ySuite Sherft. ie~e.^snft Inc. I' ORRSTOWN BANK, 1N THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257, Plaintiff NO. 2010- 895 CIVIL ACTION v. ~--, ~_ ~I ~ DENNIS G. DEITCH and CIVIL ACTION LAW - _ SHARON L. DEITCH, - ;;~~, husband and wife, ~~ _ ' 136 GREASON ROAD ~' -.--p CARLISLE, PA 17013, _ ~ ,:, Defendants. c..a :, ~` i _ ' .. .. r~ PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Principal debt Interest to 05/04/10 (per diem $25.82) ~~ ~dN:oO PP A~ ~a . sy e~- ga.oo ~~ 11.00• ~~ a. so ~~ ~jg~.~- PA ATT'/ $151,446.18 $ 1,058.22 TOTAL: $152,504.80 BA C SCHERER r i G~ David A. Baric, Esquire Pa I.D. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Date: ~ ~ ` ~a. do ~eC~ ' S0 LC Attorney for Plaintiff i C~tir'4(s9(v CERTIFICATE OF SERVICE I hereby certify that on May 4, 2010, I, David A. Baric, Esquire, of Baric Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17015 a David A. Baric, Esquire ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257, Plaintiff ~-~ ~ C -~ NO. 2010- 895 CIVIL ACTION ~ v `' -, v. DENNIS G. DEITCH and CIVIL ACTION-LAW SHARON L. DEITCH, ~ ~ , . husband and wife, ; ~ ~ {_,, ., 136 GREASON ROAD ~ ~~ ~., ~~ < CARLISLE, PA 17013, `~" Defendants. ~' NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Dennis G. Deitch and Sharon L. Deitch. Orrstown Bank Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU West Pennsboro Township 77 East King Street Shippensburg, PA 17257 c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 c/o Salzmann Hughes 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 You are hereby notified that on September 8, 2010, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank v. Dennis G. Deitch and Sharon L. Deitch, No. 2010-895, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, real estate of Dennis G. Deitch and Sharon L. Deitch, known and numbered 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number of 46-07-0475-028A. A description of said real estate are hereto attached. .~ - You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on ,and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) '~, days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, b being notified of said Sheriffs Sale. n~ b ~L` DATE: tN ~4 David A. Baric, Esquire I.D. # 44853 Baric Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 210341eading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION CIVIL ACTION-LAW n ~:a _ _ ~ ~~ y.a ~ v~ -; -- -~ U~ - :- c~ ; AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Names and addresses of owners or reputed owners: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, PA 17015 2. Names and addresses of the defendants in the judgment: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 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 Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU West Pennsboro Township 77 East King Street Shippensburg, PA 17257 c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 c/o Salzmann Hughes 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 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 un rn falsi do t thorities. Date: O G O~ '~ a David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A EXHIBIT "A" ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION CIVIL ACTION-LAW ~-, __ ~.~ f-J ~ C~ ~ - -.. _ _{ _ . _,., : -_ i ti~ , .. --;~ ~ c:> c..,, ~- NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subjects of this action and Notice of Sale are located at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number of 46- 07-0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO.46-07-0475-028A 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, September 8, 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. Dennis G. Deitch and Sharon L. Deitch, docketed to 2010-895 in the Court of Common Pleas of Cumberland County. 5) The name of the owners or reputed owners are Dennis G. Deitch and Sharon L. Deitch. 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, RIC SCHERER ~~ David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: ~~ ~t~-/~~ LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION CIVIL ACTION-LAW AFFIDAVIT OF ADDRESS rr~ ~ _- - ~; . ~ l ,, _; ~., .- c:,z I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendants, Dennis G. Deitch and Sharon L. Deitch is 136 Greason Road, Carlisle, Cumberland County, Pennsylvania and that the Defendants are the owners of the mortgaged properties. BARK SCHERER , David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS `~Nfi DAY OF MAY, 2010. ota i Notarial Seal Jennifer S. Uncisay, Notary PuttUc Carlisle ~> i/turrhsrland County f+Ay Commtss'son E~Wires Nov. 29, 2011 ~rS~iVle~rNw~ht.~~a ~r N~NN~'t+'l:Vlll~il Member, Pennsylvania association of otaries WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-895 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From DENNIS G. DEITCH and SHARON L. DEITCH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,446.18 L.L.$.50 Interest from 5/4/10 (per diem $25.82) -- $1,058.22 Atty's Comm % Due Prothy $2.00 Atty Paid $182.34 Other Costs Plaintiff Paid Date: 5/4/10 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DAVID A. BARK, ESQUIRE Address: BARK SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff nr IL-ti flu°. TH P C r ? a Jody S Smith Chief Deputy 2010 DEC 13 All I P . ? I Richard W Stewart Solicitor OFF F CUM3ERLAN13 Cotjj Ty PENNSYLVANIA Orrstown Bank vs. Case Number Dennis G. Deitch (et al.) 2010-895 SHERIFF'S RETURN OF SERVICE 06/23/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1127 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 Dennis G. & Sharon L. Deitch, located at, 136 Greason Road, Carlisle, Cumberland County, Pennsylvania according to law. 06/30/2010 09:45 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1C at 2020 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: Sharon L. Deitch, by making known unto, Dennis G. Deitch, husband, at, 136 Greason Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/30/2010 09:45 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1( at 2020 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: Dennis G. Deitch, by making known unto, Dennis G. Deitch, personally, at, 136 Greason Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/07/2010 As directed by David A Baric, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/07/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Baric on 12/7/10. SHERIFF COST: $755.46 December 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF .? .oQ ?< Co. • SD ?Pd 3y? (C) COUn ySutte Sher !ft. e'eos,ft. Inc. ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257, Plaintiff NO. 2010- 895 CIVIL ACTION V. DENNIS G. DEITCH and CIVIL ACTION-LAW SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. AFFIDAVIT PURSUANT_ TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Names and addresses of owners or reputed owners: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, PA 17015 2. Names and addresses of the defendants in the judgment: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 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, PA 17257 Midland Funding, LLC c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Cumberland Domestic Relations 13 North Hanover Street Carlisle, PA 17013 PA SCDU P.O. Box 69110 Harrisburg, PA 17106 West Pennsboro Township c/o Salzmann Hughes 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 N, 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 un m falsi do t thorities. Date: ,11 OTITO David A. Baric, Esquire Attorney for Plaintiff T LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A EXHIBIT "A" ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION CIVIL ACTION-LAW CARLISLE, PA 17013, Defendants. NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subjects of this action and Notice of Sale are located at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number of 46- 07-0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. • I? x BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A 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, September 8, 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. Dennis G. Deitch and Sharon L. Deitch, docketed to 2010-895 in the Court of Common Pleas of Cumberland County. 5) The name of the owners or reputed owners are Dennis G. Deitch and Sharon L. Deitch. 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, CSCHERER V David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: Oslo f/I 0 x LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake;,thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-895 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From DENNIS G. DEITCH and SHARON L. DEITCH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,446.18 L.L.$.50 Interest from 5/4/10 (per diem $25.82) -- $1,058.22 Atty's Comm % Due Prothy $2.00 Atty Paid $182.34 Plaintiff Paid Date: 5/4/10 (Seal) Other Costs - ? ljt? David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: DAVID A. BARIC, ESQUIRE Address: BARIC SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 136 Greason Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 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. 001 Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 30 day of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS I Public CARUSLE 60RCM CUMSERLANO COMM My Commiaion Expire= Apr 28, 2014 Wift 10. Dili QMl Orrstown Bank VS. 1 Dennis G. Deitch Sharon L. Deitch Atty.: David A. Baric ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 min- utes West 210 feet to a stake; thence by the same, North 4 degrees 48 Minutes East, 195 feet to a 4411; tY?ree by the some, Swft U s 19 ftiKU%as East, 210 fast to a pin in the oetter line of L.R. # 21034;'` *MM bE the aenter line of saida+sacl seuth 4 degrees 4S minutes west, 195 feet to the Place Of Beginning;, Containing 40,950 square feet and being described according to a sur- vey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the e2dsting center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Re- corder of Deeds Office in Deed Book "V°, Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A. 1A3 .4A#AATON ? ?M1.1,i0' A HAR0830 ?Jlduo, k:1610i# YTMU03 0MA.lAMMU3,N8UOA06 3 JdIJFiAu ' t o& .BS lqA 8stigx3 n04slMM00 YM AP 1br The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f?la ?iot-News 0w You know 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 Holly Blain, 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: 07/09/10 07/16/10 07/23/10 4 1.'i 1 .............. Sworn to a ubscribed before m `this 05 of August, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public II Lower Paxton Twp., Dauphin County I My Commission Expires Nov. 26, 2011 Mem ?r>r, F' nnsvrvmia A:;sodatlon of Notaries Ohms em - 4 ALL dint pertain *i 6 t situate in West Penrsbofo Township, Cumiieriand Comity, Pennsylvania, bounded and de"bed as follows BEGI NNM at an iron Pia in the maw line of L.R. # 21034leadisg from PlaiofieJd to 6 ,east+4 which Pin is Notch 4 degrees 48 nfmutes Past 210 fw h m the center line of Towns* ROW T-446; thence by -Ow bud O I1,411 C>erald Wnest?21a0 f ? ?9degrees 12 minutes eke; thatce by the same, North 4 degrees 4& mAjW East, 195 feet to a stake; thence by the ate," South 85 degrees 12 mWft&Isk 2iSfelt`i6'a Pin m the center he of L.R.424@l t r line of said road, south 4 deg" g West, 195 feet to the Place d oq"-ing; C-ft-Wag 40,950 square feet and being described according to a,"1hwWfby Ei*S. Maim, R.S., dated 3 8,1972 a 0-0 a(,Which is attached herebasPatt?t BEINGS } to I b set back line whirr is40&d-'iftof* ptpbw 0& of wayline of L.R. 10%, Ili ft Um is 25 feet West Of the e e ce t bw of said road. maw brad and wff? by pDr26, 1 s' in the, 3' Re24, mkt of Deeds Of1ke in Deed Btlok tbiim? 24, a Dee Fage 253, graalod and con" 6d Ow Demos G. Deitch and Sharpe L. Deitch, hasband and wife, Grantors herein. PARC,Ed,NO 46-07-0475.028A Wa or ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257, Plaintiff NO. 2010- 895 CIVIL ACTION V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants CIVIL ACTION-LAW PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Principal debt $151,446.18 ? Interest to 02/15/11 $ 8,468.56 (per diem $25.82) _ TOTAL: $159,914.74 B SCHERER ?9- m ? - M n r1i C 1F David A. Baric, Esquire Pa I.D. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Date: da ?R 11 Attorney for Plaintiff l,2.OQ ? a 4 I /yOo a y.©o r )a CERTIFICATE OF SERVICE I hereby certify that on February a a , 2011, I, David A. Baric, Esquire, of Baric Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17015 David A. Baric, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-895 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank Plaintiff (s) From Dennis G. Deitch and Sharon L. Deitch (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,446.18 Interest to 02/15/11 (per diem $25.82) Atty's Comm % Atty Paid $959.30 Plaintiff Paid Date: February 22, 2011 (Seal) REQUESTING PARTY: Name David A. Baric, Esq. Address: Baric Scherer 19 West South St. Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-249-6873 Supreme Court ID No. 44853 L.L. $8,468.56 Due Prothy $2.00 Other Costs D2 David D. Buell, Prothonotary Deputy ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 1.36 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION CIVIL ACTION-LAW AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Names and addresses of owners or reputed owners: ,.? C- ;rte .,. Dennis G. Deitch Dennis Sharon L. Deitch N --4 c? 136 Greason Road i'_"; -G, -, Carlisle, PA 17015 rn 2. Names and addresses of the defendants in the judgment: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, PA 17257 4 Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU c/o David R. Galloway, Esquire Marro Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 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 Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU West Pennsboro Township 77 East King Street Shippensburg, PA 17257 c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 c/o Salzmann Hughes 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 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 authorities Date: Waah G,r David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 :minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A EXHIBIT "A" ? t ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants CIVIL ACTION-LAW m r?") t 7 rn N N NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subjects of this action and Notice of Sale are located at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number of 46- 07-0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. -a '- F C:) -n 01 BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is Wednesday, June 1, 2011 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. Dennis G. Deitch and Sharon L. Deitch, docketed to 2010-895 in the Court of Common Pleas of Cumberland County. Deitch. 5) The name of the owners or reputed owners are Dennis G. Deitch and Sharon L. 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, R ox., David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: ba ova 1 1 LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R. S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Dennis G. Deitch and Sharon L. Deitch. Orrstown Bank Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU West Pennsboro Township 77 East King Street Shippensburg, PA 17257 c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 c/o Salzmann Hughes 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 You are hereby notified that on June 1, 2011, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank v. Dennis G. Deitch and Sharon L. Deitch, No. 2010-895, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, real estate of Dennis G. Deitch and Sharon L. Deitch, known and numbered 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number of 46-07-0475-028A. A description of said real estate are hereto attached. J You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. aaa?? DATE: David A. Baric, Esquire I.D. # 44853 Baric Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ?.... ...„.f LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a. copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t? NO. 2010- 895 CIVIL ACTION -r? CIVIL ACTION-LAWS? N C__ AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendants, Dennis G. Deitch and Sharon L. Deitch is 136 Greason Road, Carlisle, Cumberland County, Pennsylvania and that the Defendants are the owners of the mortgaged properties. BARIC SCHERER David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THISda rld_ DAY OF FEBRUARY, 2011. AW N& No tu)ly COMMONWEALTH OF PENNSYLVANIA 14MMMI Beal Jerwrfet & Lktb K "dwy P"D 00WOMOW16O WOM* My OOnrriNon EA*n NoK 2q, 2 11 mwrjw, PomwAyanh /bsadsOm of LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife„ North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. #21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A SHEkIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy «Lp o1 4?lagbrr/???0 ... ; [71L.L0 -C1, 200 11 AUG 15 F'`1 1,: of, Richard W Stewart Solicitor OFf c E c l CUM0"ERLA ? D COIL;N P E N N S Y LVA' ip, Orrstown Bank Case Number S. Denvsnis G. Deitch (et al.) 2010-895 SHERIFF'S RETURN OF SERVICE 03/21/2011 06:53 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DENNIS G. DEITCH (HUSBAND), who accepted as "Adult Person in Charge" for Sharon L. Deitch at 136 Greason Road, West Pennsboro Township, Carlisle, PA 17015, Cumberland County. 03/21/2011 06:53 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Dennis G. Deitch at 136 Greason Road, West Pennsboro Township, Carlisle, PA 17015, Cumberland County. 03/30/2011 Ronald E. Hoover, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 136 Greason Road, Carlisle, PA, Cumberland County. 06/01/2011 As directed by David A Baric, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 08/02/2011 As directed by David A Baric, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 08/10/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $736.32 SO ANSWERS, August 10, 2011 RON R ANDERSON, SHERIFF Q 100 PC( . 60, W" ) G 3 (cj countySuite Sheriff, ieieosufl_ Inc. i ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Names and addresses of owners or reputed owners: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, PA 17015 2. Names and addresses of the defendants in the judgment: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 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 Midland Funding, LLC Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU West Pennsboro Township 77 East King Street Shippensburg, PA 17257 c/o David R. Galloway, Esquire Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, P A 17011 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 c/o Salzmann Hughes 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 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 authorities J Date: ?a/aal?r David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A EXHIBIT "A" ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION CIVIL ACTION-LAW NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subjects of this action and Notice of Sale are located at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number of 46- 07-0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. attorney. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A 2) If you have any questions concerning this Notice, you should contact your 3) The time and place of the Sheriffs Sale is Wednesday, June 1, 2011 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. Dennis G. Deitch and Sharon L. Deitch, docketed to 2010-895 in the Court of Common Pleas of Cumberland County. Deitch. 5) The name of the owners or reputed owners are Dennis G. Deitch and Sharon L. 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, C SCH R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE ba/aaf ii LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-895 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank Plaintiff (s) From Dennis G. Deitch and Sharon L. Deitch (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the-account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,446.18 Interest to 02/15/11 (per diem $25.82) Atty's Comm % Atty Paid $959.30 Plaintiff Paid Date: February 22, 2011 (Seal) REQUESTING PARTY: Name David A. Baric, Esq. Address: Baric Scherer 19 West South St. Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-249-6873 L.L. $8,468.56 Due Prothy $2.00 Other Costs 1?21 ?_ I David D. Buell, Prothonotary B: Deputy TRUE COPY FROM RECORD In Testimony whereof, l' here unto set my hand and the seal of said Cadisle, Pa. Tt" -c:"'Q_.day d ,_, 20 _L.... Supreme Court ID No. 44853 On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 136 Greason Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: f Ltd Real Estate-Coordinator LEO d U LIJ H31 J, 1; S e tc?"I CUMBERLAND LAW JOURNAL Writ No. 2010-895 Civil Orrstown Bank VS. Dennis G. Deitch Sharon L. Deitch Atty.: David A Baric ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 min- utes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Re- corder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A. 16 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 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 Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary F OTARIAL SEAL ORAH A COLLINS Notary Public UGH, CUMBERLAND COUNTY ion Expires Apr 28, 2014 The Patriot-News Co. 2026 Technology' Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know 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 Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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: 04/22/11 04/29/11 05/06/11 IVA . Sworn to an b cribed b e me th(s 23 d-ty-- o a2011 A. D. Notary Public COMMONWE4LTM OF rws ?YLV, 4NL4 Sherrie L Lower Papn ? ' M ty Pub4c rN Comrnf?on Nov Member, PQnngyhanla .26, 2011 Association of NoEarles 20104M Chill Term Orrstown Bank Vs Dennis G. Deitch Sharon L. Deitch Atty: David A Boric ALL that certain tract of land situate in West Pennsboro Tm ship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an,iron pin in the center line of I:`R. # 21034 leading from Plainfield w", to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 fp t to a stake; thence by the same, North 4 degrees 48,minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet a pin ; in the center line of L.R. # 1034( thence by the center be of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning Contaiair40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which w is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the eAoing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County . Recorder of Deeds Office in Deed Book "V", Volume 24,: Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife,. Grantors herein. PARCEL NO. 46-07-0475-028A -1 ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. DENNIS G. DEITCH and SHARON] . DEITCH, husband and wife, 136 GREASON ROAD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- 895 CIVIL ACTION CIVIL ACTION-LAW CARLISLE, PA 17013, Defendants. TO THE PROTHONOTARY: PRAECIPE TO SATISFY to ?-- ? .,J r-== r-? cr, ci c Kindly mark the judgment entered in the above-captioned action on March 25, 2010 as satisfied. Respectfully submitted, B C SCHERER LLC V&44t?) c dk_? Date: August 3, 2011 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff X8.00 PA A714 ?- 180910 ?ab33a9 CERTIFICATE OF SERVICE I hereby certify that on August 3, 2011, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dennis G. Deitch Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17015 -- Az? David A. Baric, Esquire