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HomeMy WebLinkAbout11-0150ti 0 ~ ~ ~ ~ ° ..-~ IN THE COURT OF COMMON PLEAS OF -~-, -'~; ~_ _ M CUMBERLAND COUNTY, PENNSYLVANIA `; = ~ a a~ __.~ --~o ORRSTOWN BANK, CIVIL DIVISION n t- "; _,., o ~ a Plaintiff, `~ vs. TYPE OF PLEADING KADY PROPERTIES, LLC, CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY B):E}dTE~D AGAINST YOU. PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2695 Philadelphia Avenue Chambersburg, PA 17201 AND SHE DEFENDANT(S): 516 ~~idge Street New] untberland, PA 17070 CERTIFI~`ATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 516 Br~lge Strut, New Cumberland, PA 17070 A FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D.#55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 6 ~pQ~ ~~ ~~ es a ~ ~~73 ~-~ IF THIS IS THE FIlZST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIl'T OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME .AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEVDED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A D:[SCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, : NO.: vs. KADY PROPERTIES, LLC, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 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 maybe 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. KADY PROPERTIES, LLC, Defendant. CIVIL DIVISION NO.. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. KADY PROPERTIES, LLC, Defendant. CIVIL DIVISION NO.. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Orrstown Bank, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Orrstown Bank, which has its principal place of business at 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendant, Kady Properties, LLC, is a company with an address of 516 Bridge Street, New Cumberland, Pennsylvania 17070. 3. On or about September 27, 2007, Defendant executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $138,750.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about September 27, 2007, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $138,750.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 9, 2007, as Instrument Number 200738913. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S. § 1680.401(a)(2) (Homeowners' Emergency Mortgage Assistance Act of 1983, -Act 91 of 1983), prior to commencement of this action for the reason that the mortgaged premises is not an owner occupied residence. 8. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than $50,000.00, and therefore, said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101. 9. The amount due and owing Plaintiffby Defendant is as follows: Principal $ 133,105.00 Interest through 12/21/10 $ 4,303.83 Late Charges $ 233.96 Other Charges/Fees $ 2,245.00 Attorney's Fees & Costs $ 13,740.88 (10% of Unpaid Principal & Accrued Interest) TOTAL $153,628.67 plus interest on the principal sum ($133,105.00) from December 21, 2010, at the rate of $29.54191 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $153,628.67, with interest thereon at the rate of $29.54191 per diem from December 21, 2010 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: Scott A. ,Esquire PA I.D. # 50 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE ~~~trf~i~.:~ References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""•" has been omitted due to text length limitations. Borrower: Kady Properties, LLC (TIN: 26-0882171) Lender: ORRSTOWN BANK 516 Bridge Street CAMP HILL OFFICE New Cumberland, PA 17070 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: 5138,750.00 Date of Note: September 27, 2007 Maturity Date: September 27, 2027 PROMISE TO PAY. Kady Properties, LLC ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Thirty-eight Thousand Seven Hundred Fifty & 00/100 Dollars ($138,750.00), together with interest on the unpaid principal balance from September 27, 2007, until paid in full. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If na demand is made, subject to any payment changes resuking from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and inrterest payments in the initial amount of 51,169.76 each, beginning October 27, 2007, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.990% per annum; and 180 monthly consecutive principal and interest payments in the initial amount of 51,243.04 each, beginning October 27, 2012, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 7.750%), plus a margin of 1.250%, resuking in an initial interest rate of 9.000%. Borrower's final payment will be due on September 27, 2027 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, paymenrts will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, mukiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this loan will be 7.990%. 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 Wall Street Prime (the "Index"-. The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 7.750% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C- increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary. or as a result of default(, except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penaky: Should Borrower prepay all or any amount of principal during , ; the next five (5) years, the Borrower shall be assessed against the amount prepaid, a five percent (5.00%) prepayment penaky. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted from this assessment will be principal payments that are generated as a resuk of operation of the business for which the loan was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial institution. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments.. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourses", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or S50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, 1:he interest rate on this Note shall be increased by adding a 3.000 percentage point margin ("Default Rate Margin"-. The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this Note: would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defauks. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this ' PROMISSORY NOTE Loan No: 26474319001 (Continued) Page 2 Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is madel, any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts; with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to <3ny Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall rtot be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: 11) cures the default within fifteen 1151 days;: or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctionl, and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lende- or Borrower against the other. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of 520.00 if Borrower make:> a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: IA1 a Mortgage dated September 27, 2007, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the required financial information within two hundred seventy (2701 days of the Borrower's fiscal year end, the Lender has the right to increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (101 days prior to the Lender increasing the interest rate charged on this Note. OVERDRAFT PROTECTION. You may obtain credit advances under your Credit Line by writing a check on your checking account(s) with us in excess of the available collected balance in the account(s). . SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your accountlsl to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this tact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing,. no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's PROMISSORY NOTE Loan No: 26474319001 (Continued) Page 3 security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVAN{A, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: KADY PROPERTIES, LLC BY~ lS®al! R a J. Sil io, emb f Kady Properties, LLC LASER PRO LenEinB. Ver. 5.3].00.003 Capi. Harland Fnancie15olution,. Inc. f99J, 200J. •II Rg~ts ReverveE. ~ PA c:\CFI\LPL1D20.FC TR~1J<91 PR~1 DISCLO~vRE FOR CONFESSION OF JI,JGMENT . ................... Pr~nclpat ~osn 13a;8 Mgt _. tl'F!y Loa~t ~o calt J Cnif A~our-t OffiCBr ~ti~~f~e#8 $ 7 3`$,'~~.~f~. fl0 Q9. ~7 ;Z~?7 ~~~~743'#.9Q!K37 1~ ! ~oi1 GRt#QL References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "•' `" has been omitted due to text length limitations. Declarant: Kady Properties, LLC (TIN: 26-0882171) Lender: ORRSTOWN BANK 516 Bridge Street CAMP HILL OFFICE New Cumberland, PA 17070 7'7 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 DISCLOSURE FOR CONFESSION OF .JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 2~ DAY OF ~JCV ~~V`~J 200, A PROMISSORY NOTE FOR 5138,750.00 OBLIGATING DECLARANT TO REPAY THAT AMOIINT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGA-~~~INST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SE121NG DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS ,, '_ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: KADY PROPERTIES, LLC By' _ISeall Ry . Sil io, embe f Kady Properties, LLC LASER Pq0 Lending, Ver. 5.3].00.007 Cone ga,lanE pnenciel SoW,ions. Inc. 199]. 100] All ggn\s gceerved. ~ pq ~.\CFIILPL\D30.FC TR 1]C94 pR-1 /~ EXHIBIT "B" _~..- N~ ~ ~: %' ;1 ' Parcel Identification Number: RECORDATION REQUESTED BY: ORRSTOWN BANK CAMP HILL OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG. PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG. PA 17257 ~~~~~~i FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: 5138,750.00 THIS MORTGAGE dated September 27, 2007, is made and executed between Kady Properties, LLC, whose address is 516 Bridge Street, New Cumberland, PA 17070 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender"1. GRANT OF MORTGAGE. For valuable consideration, GreMOr grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights lincluding stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, 4as, geothermal and similar matters, I'the "Reel Property") located in Cumberland County, Commonwealth of Pennsylvania: See attached The Real Property or its address is commonly known as 516 Bridge Street, New Cumberland, PA 17070. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lander, or any one or more of tham, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arisiing, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor [)rants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF S136,750.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 6141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Gram:or agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 111 remain in possession and control of the Property; (21 use, operate or manage the Property; and 13) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: 111 During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (21 Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or trom the Property by any prior owners or occupants of the Property, or ICI any aCtU81 Or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously y MORTGAGE (Continued) Page 2 disclosed to and acknowledged by Lender in writing, lal neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (bl any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without li~~mitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender [o Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (21 agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by lender's acquisition of any interest in the Property, whether 6y foreclosure or otherwise. Nuisance. Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do alt other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent 125%1 of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 1151 days after the lien arises or, if a lien is filed, within fifteen 1151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (151 days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring [he Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee MORTGAGE (Continued) Page 3 clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (101 days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any ac[, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen 1151 days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Tien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Gramor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: 111 the name of the insurer; 12) the risks insured; 131 the amount of [he policy; 141 the propert}~ insured, [he then current replacement value of such property, and the manner of determining that value; and 15i the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is comrttenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated tol take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the No[e from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will IA) be payable on demand; IBI be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (21 the remaining term of the Note; or ICI be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants [hat: lal Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and Ibl Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in [he proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representarcions, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice:, and Grantor will deliver or cause to be delivered to lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: MORTGAGE (Continued) Page 4 Currem Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all tarxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: 111 a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (31 a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequem Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either I1) pays the tax before it becomes delinquent, or (21 contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage a:; a security agreement are a part of this Mortgage: Security Agreemam. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Securty Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained leach as required by the Uniform Commercial Codel are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or [o Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in ;:uch offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuatt:, complete, perfect, continue, or preserve 111 Grantor's obligations under the Note, this Mortgage, and the Related Documents, and 12) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender [o make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Defauh. Grantor fails to make any payment when due under the Indebtedness. Defauh on Other Payments. Failure of Grantor within the time required by [his Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False StatemeMS. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force: and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor':; accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is tr good faith MORTGAGE (Continued) Page 5 dispute by Grantor as to the validity or reasonableness of 'the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes [he validity o1, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (121 months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1j cures the default within fifteen (151 days; or (21 if the cure requires more than fifteen 115) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediad:ly due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's casts, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shell have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may :serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through lender, to sign an agreement for entering in any competent court an amicable action in ejectment far possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. if permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of [he Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either 111 pay a reasonable rental for the use of the Property, or 121 vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate safes. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 1101 days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of [he Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing MORTGAGE (Continued) Page 6 under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fses; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings lincluding efforts to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports lincluding foreclosure reportsi, surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendrc~ent to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise [o demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by lender, nor any course of dealing between lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under [his Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as [o any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of [his Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Irnerests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Kady Properties, LLC and includes all co-signers and co-makers signing the Note and all [heir successors and assigns. Defauh. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and loced statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. 1"CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Defauh. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Kady Properties, LLC GUafaMOr. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the MORTGAGE (Continued) page 7 Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic :substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under [he Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage behveen Grantor and Lender. Note. The word "Note" means the promissory note dated September 27, 2007, In the original principal amount of 5138,750.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is September 27, 2027. NOTICE TO GRANTOR: 1'HE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of [rust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISNONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: KADY PROPERTIES, LLC By: ` ' ~ ~ {Beall J. Si gio, Membe f Kady roperties, LLC Signed, ack edge ti ed i~the presence of: x 1/ Witness Wkness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: CAMP HILL OFFICE, 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 jJ ~ --t, Attorney or Agent for Mortgagee MORTGAGE (Continued) Page 8 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) n 1 SS COUNTY OF ~y'Vp~\riy_Y\ 1 Ortthis, the _ day of ~~- 20 ~, before me ~ ~~'r~+,++ Y,~\~ c..~ ,the undersigned Notary Public, personally appeared Ryen J. Silvagio, Member of Kady Properties, LC, who acknowledged himself or herself to be the member or designated agent of Kady Properties, LLC, a Limited Liability Company, and that he or she as such a member or designated agent, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Limited Liability Company by himself or herself as a member or designat agelti. In witness whereof, t hereunto set my hand and a ial seal\ (~'~ ~ COMMONWEALTH OF PENP15riVAN1A CAROL L. TROXELL, Notary Public New Cumberland Boro. Cumberland Co. My Commission Expires Dec. 21, 2009 ~c~H~ ut5~rtir i iON ALL THAT CERTAIN tract or parcel cf land situate, lying and being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, same being more particularly bounded and described as follows to wit: BEGINNING at a point on the westerly side of Bridge Street distant fifty (50} feet south of the southwestern corner of Bridge Street and a sixteen (16) foot wide public alley; thence continuing along the said westerly side of Bridge Street, South fifty (50) feet to the dividing line between Lots Nos. 20f? and 209; thence in a westerly direction at right angles with the said Bridge Street one hundred seventy-five (175) feet to a public alley; thence in a northerly direction along said last mentioned alley, fifty (50) feet to the dividing line between Lots Nos. 209 and 210; thence in an easterly direction along said last mentioned dividing line, one hundred seventy-five (175) feet to the westerly side cf Bridge Street, the point or place of BEGINNING. BEING Lot No. 209 as recorded on the general Plan of Lots of the Borough of New Cumberland, Pennsylvania. HAVING THEREON ERECTED a two and one-half story frame dwelling house and other out buildings, known as 516 Bridge Street. BEING the same premises which Rodney "v1. Bennage and Amanda M. Bennage, husband and wife, by their Deed dated September ~_ 2007, and about to be recorded in the Office of the Recorder of~ Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Kady Properties, LLC, Mortgagor herein. ABTA Commitment Schedule A jconfinuedJ ~. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200738913 Recorded On 10/9/2007 At 3:28:48 PM * Instrument Type -MORTGAGE Invoice Number - 6340 User [D - AMS * Mortgagor - ICADY PROPERTIES * Mortgagee - ORRSTOWN BANK * Customer -CEDAR CLIFF ABSTRACT * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $21.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $46.50 * Total Pages - 10 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cutnberiand County PA O°'Me .,s ~;, s c°r~r~ ~~ /~~ f •, :~ ~~~~~/~ ~~ ,\ RECORDER O D EDS e~~ ~~nao * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0006X N I III IIIII'IIIIIIIIIIII ,~ • r f VERIFICATION I, Linda K. Mowen, Assistant Vice President, on behalf Hof Orrstown Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief: Linda K. Mowen, Assistant Vice SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Orrstown Bank vs. Kady Properties, LLC IL?= I, r? i 101 Case Number 2011-150 SHERIFF'S RETURN OF SERVICE 01/11/2011 12:46 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 1246 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kady Properties, LLC, by making known unto Terri Treece, Occupant of 516 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct cop of the same. MICHELLE GUTSHALL, UTY SHERIFF COST: $43.30 January 13, 2011 SO ANSWERS, 4" RONWY R ANDERSON, SHERIFF OP eSTow N pv-_-?Aw yl' ( 4 ?? ? ? 111 f' T Kady Properties, LLC CD ??. --i z v? 516 Bridge Street, New Cumberland, PA 17070 tan gy : 0 0 ICaC?y ?ropeleS 717-443-9087 Ryan J. Silvagio U-( Cc a xc = Q CD , - defev?de?fit- 5, January 27, 2011 ANSWEP -?' Re: 2011-150 Civi l Term My Name is Ryan Silvagio and I am the President of Kady Properties, LLC. We have received this Civil action dated January 7, 2011. The address of the property is 516 Bridge Street, New Cumberland, PA 17070. Due to an unstable economic environment, Kady Properties fell behind on payments to Orrstown Bank on the above mentioned property. We did not expect to miss payments and are currently applying all of our resources to correct this deficiency. In Fact, Earlier this month we deposited $4,272 to our mortgage account in an attempt to come current. This payment was credited to August, September, and October of 2010. We have made weekly payments since then ranging from $200 to $600. Kady Properties does not want to lose this property and we will do anything necessary to correct our deficiencies. Kady Properties would like to hereby request an extension of time to bring our account with Orrstown Bank into good standing. We have discussed our efforts with Orrstown Bank on January 26, 2011. They appreciate our recent payments however they will not stop foreclosure precedings until the account becomes current along with fees assessed. We request proof of the debt along with adjustments for the recent payments made in January 2011. We would like to know what: fees were assessed and what they are comprised of. Kady Properties would like to thank you for your consideration in this matter. It is our intent to bring and our account into good standing as soon as possible. Any extension of time would be greatly appreciated. Sincerely, ?"Oe7 Ryan J. Silvagio Kady Properties LLC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, VS. KADY PROPERTIES, LLC, Defendant. CIVIL DIVISION NO.: 2011-150 Civil Term Q ?vr co PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Dated: I I d-'? I I Respectfully JAMES, Wrr14,/D1k1IWP4CJ B- ? ONNELLY LLP BY: Scott A. Diet rick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 _4 t.. 1 1 ?? ?0 0 -PA a? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, VS. KADY PROPERTIES, LLC, Defendant. NO.: 2011-150 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: r*n,, 5- ; ?p N s . ?s Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Dated: Respectfully J. t3y: Scott A. ITi eric , squire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY LLP 2!5_5 qqS IN TH COURT OF COMMON PLEAS OF c n Q C) CUMBERLAND COUNTY, PENNSYLVANIA ?; _ . ? ORRSTOWN BANK, CIVIL DIVISION A 7 M 0 r e --lam Plaintiff, NO.: 2011-150 CIVIL TERM ; -= C) vs. --t KADY PROPERTIES, LLC, TYPE OF PLEADING: Defendant. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 FILE ON BEHALF OF: Orrstown Bank, Plaintiff. COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THICOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2011-150 CIVIL TERM vs. KADY PROPERTIES, LLC, Defendant. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 AND NOW, comes the Plaintiff, Orrstown Bank, by and through its attorneys, James, Smith, Dietterick & Connelly LLP, and files the within Motion for Special Service pursuant to Pa.R.C.P. 430 as follows: 1. No other motion has been decided in this case. 2. Plaintiff attempted to obtain concurrence of Defendant with the Motion, but Defendant cannot be located, therefore no concurrence was obtained. 3. On or about January 7, 2011, Plaintiff filed its original Complaint in Mortgage Foreclosure ("Complaint') against the Defendant, Kady Properties, LLC ("Defendant"), at the above-captioned number and term. 4. Plaintiff directed the Sheriff of Cumberland County to serve the Defendant at the Mortgaged Premises, being 516 Bridge Street, New Cumberland, Pennsylvania 17070 but service was unable to be made upon the Defendant only the "Current Occupant." A true and correct copy of said Sheriff's Return of Service from the Cumberland County Sheriff s Office is marked Exhibit "A", attached hereto and ?ade a part hereof. I i 5. Then, Plaintiff dir?cted the Sheriff of Cumberland County by deputizing the Sheriff of York County to serve the Defendant at 1470 Old Quaker Road, Etters, Pennsylvania 17319, but service was returned "Not Found." A true and correct copy of the Sheriff's Return of Service from the Cumberland County Sheriff is marked Exhibit "B", attached hereto and made a part hereof. 6. An internet person locator search provided no alternative address for Defendant. 7. Plaintiff conducted an investigation to determine the whereabouts of Defendant, but all sources indicated no alternative address other than that of the Mortgaged Premises. An affidavit of Plaintiff's counsel regarding the investigation taken to determine the whereabouts of Defendant is marked Exhibit "C" attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit Plaintiff to serve Defendant, Kady Properties, LLC, with the Complaint and Notice of Sale, if necessary, by instructing the Cumberland County Sheriff s Office to POST a copy of same on the Mortgaged Premises, being 516 Bridge Street, New Cumberland, Pennsylvania 17070 and by mailing a copy to the Mortgaged Premises, via Certified Mail, Return Receipt Requested, No Signature Required and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and Mailing in accordance with Pa.R.C.P. 430. Respectfully Submitted: JAMES, SMITH, IE ERICK & CONNELL L By: Scott A. Dietterick, Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Orrstown Bank Case Number vs. Kady Properties, LLC 2011-150 SHERIFF'S RETURN OF SERVICE 01/11/2011 12:46 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2011 at 1246 hours; she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kady Properties, LLC, by making known unto Terri Treece, Occupant of 516 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to, her personally the said true and correct cop of the same. MICHELLE GUTSHALL, UTY SHERIFF COST: $43.30 January 13, 2011 SO ANSWERS, Y. RONNY R ANDERSON, SHERIFF izoll EXHIBIT "B" cl: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Orrstown Bank vs. Kady Properties, LLC ???r+?tr nS t.uat?b?t'{??ab y_ 7F 1CE OF T-E S` EPiFF Case Number 2011-150 SHORIFF'S RETURN OF SERVICE 01/31/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within nam d defendant, to wit: Kady Properties, LLC, but was unable to locate them in his bailiwick. He therefore de utized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Forecl sure according to law. 02/25/2011 York County Return: And no , February 25, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certi and return, that I made diligent search and inquiry for Kady Properties, LLC the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find them in the County of York an therefore return same NOT FOUND. Deputies were advised, Kady Properties, LLC is to be doing usiness at 516 Bridge Street, New Cumberland, Pennsylvania 17070. SHERIFF COST: $37.00 March 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;c COUM Suite Sheriff. Teie^,saft Ins. C?, EXHIBIT "C" IN TH COURT OF COMMON PLEAS OF CUMBEPZLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2011-150 CIVIL TERM VS. KADY PROPERTIES, LLC, Defendant. A FFM A VIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appe?red Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff, who b?ing duly sworn according to law, deposes and says that Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of Defendant, which included, but vas not limited to searches of the following records: Records of the U.S. Postmaster with results of same, attached to the foregoing Motion. Internet Person Lo?ator Records, with results of same, attached to the foregoing Motion. PA Corporation B?reau Records, with results of same, attached to the foregoing Motion. } Credit Report Agency. Telephone Directory. Records of the County Recorder of Deeds and Prothonotary. Finally, Affidavit deposed and says that if Defendant(s) is/are not located at the address uncovered by this investigation, the whereabouts of Defen is/are unknown to Plaintiff. Dietterick, Esquire Sworn to and subscribed before r ie this 9th day of March, 2011. C'o 6 ?fi s l.Jc? Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 20121 FOR INFORMATIONAL PURPOSES ONLY Copyright 2011 LexisNexis a division of Reed Elsevier Inc. All Rights Reserved. Subject Summary Name Address Phone County/FIPS KADY PROPERTIES, LLC 516 BRIDGES None Listed NEW CUMBEF+ LAND, PA 17070-1930 Name Variations/DBAs # Name Variations 1. KADY PROPERTIES, LLC Addresses -1 records found # Address Date County 1. 516 BRIDGE ST 12/7/210 CUMBERLAND NEW CUMBERLAND, PA 17070 Profile Information - 1 records found 1: KADY PROPERTIES, LLC Company Name: KADY PF OPERTIES, LLC Date Of Incorporation: 9/14/200' State Of Incorporation: PA Charter Number: 3756111 Duration: PERPETUAL Status Of Incorporation: ACTIVE Corporation Structure: LIMITED ILIABILITY COMPANY Executives -1 records found # Name Titles 1. SILVAGIO, RYAN PRESIDENT Company ID Numbers -1 records found Company ID Numbers Sec. of State Charter No(s): PA, 3750111 Judgments and Liens -1 records found 1: PA Judgments and Liens Filings Debtor Information Original Name: KANDY PROPERTIES LLC Address: 516 BRIDGE ST NEW CUMBERLND, PA 17070-1930 Debtor Company Name: KANDY PROPERTIES LLC Creditor Information Name: ORRSTOWN BANK Filing Information Jurisdiction: PA Amount: $153,628 Original Filing Date: 1/7/2011 MSA Harrisburg-Leban- on-Carlisle, PA - 3240 Filing 1 Page 2 Number: 2011139 1 Type. CIVIL JU GMENT Agency: CUMBE LAND CNTY PROTHONOTARY Agency State: PA Agency County: CUMBE LAND Real Property - 4 records found 1: Assessment Record for Name: KADY Address: 516 BI County/FIPS: CUMB Address: 516 BRI County/FIPS: CUMBE Data Source: B Assessor's Parcel Number: 25-2d Book/Page: 2007 Assessed Value: $137000 2: Deed Record for YORK County D County, PA )wner Information ;OPERTIES LLC ,GE ST NEW CUMBERLND, PA 17070-1930 -rty Information ST NEW CUMBERLND, PA 17070-1930 .egal Information 1-100 Information uyer Information Name: KADY P OPERTIES LLC Address: 516 BRI GE ST NEW CUMBERLND, PA 17070-1930 County/FIPS: CUMBE LAND P?operty Information Address: 456 OLD,YORK RD NEW CUMBERLND, PA 17070-3123 County/FIPS: YORK Data Source: A (Lender Information Name: Assessor's Parcel Number: Contract Date: Recording Date: Document Number: Document Type: Book/Page: ORRST WN BK Legal Information 27-000- G-0061-00-00000 06/04/20)9 07/02/20 9 38562 DEED Or TRUST 2030/200 M Loan Amount: $250000 Loan Type: CONVEX Transaction Type: REFINAI Description: MORTG) 3: Assessment Record for CU Name: KADY Address: 1470 ( County/FIPS: YORK Information D County, PA )wner Information OPERTIES LLC ) QUAKER RD ETTERS, PA 17319-9117 Information Page 3 Address: 516 BRI GE ST NEW CUMBERLND, PA 17070-1930 County/FIPS: CUMBERLAND Data Source: B egal Information Assessor's Parcel Number: 25-24-08 1-100 Book/Page: 2007120 As essment Information Assessed Value: $137000 4: Assessment Record for CUM Name: KADY P Address: 1470 OL County/FIPS: YORK Address: 516 County/FIPS: CUI Data Source: B Assessor's Parcel Number: Book/Page: Assessed Value: $137000 Business Associates - 7 records found # Name 1. BAKER JOHN C GENERAL INSURANCE! 2. GEEBEES LTD 3. MILLER AND NORFORD INC 4. NEW CUMBERLAND INSURANCE 5. NEW CUMBERLAND ITED PARTNERSHIP SURANCE AGENCY 6. RCBMEB INC 7. SIX P'S, INC. Person Associates - 2 records found # Name 1. RYAN, J SILVAGIO 2. SILVAGIO, RYAN County, PA wner Information )PERTIES LLC QUAKER RD ETTERS, PA 17319-9117 :rty Information ST NEW CUMBERLND, PA 17070-1930 -egal Information 1-100 Information Address 516 BRIDGE ST NEW CUMBERLAND, PA 17070-1930 516 BRIDGE ST NEW CUMBERLAND, PA 17070-1930 NEW CUMBERLAND, PA 516 BRIDGE ST NEW CUMBERLAND, PA 17070-1930 M- 516 BRIDGE ST D IN- NEW CUMBERLAND, PA 17070-1930 516 BRIDGE ST NEW CUMBERLAND, PA 17070-1930 516 BRIDGE ST NEW CUMBERLAND, PA 17070-1930 Address 516 BRIDGE ST NEW CUMBERLAND, PA 17070-1930 516 BRIDGE ST NEW CUMBERLAND, PA 17070-1930 Sources -13 records found All Sources Business Contacts Business Finder Corporate Filings Experian Business Reports Liens and Judgments Property 13 Source Document(s) 3 Source Document(s) 3 Source Document(s) 1 Source Document(s) 1 Source Document(s) 1 Source Document(s) 4 Source Document(s) Page 4 Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, i should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not a official record. Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use is: Debt Recovery/Ftaud Your GLBA Permissible Use is: Legal Compliance Copyright© 2011 LexisNexis, a division of Reed 41sevier Inc. All rights reserved. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, VS. KADY PROPERTIES, LLC, Defendant. CIVIL DIVISION NO.: 2011-150 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: aw M rn ?:O ` y" -t t ~r3 t'z'i cnr Co -.4 C7 _C -rj _ C-; =C 3 C7 N ern Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: BY: Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 0 410.m P4 A-T? ?? ?qoa FILc*D-OFFICE IN THE COURT OF COMMON PLEAS OF ; c THIE P"I i C,'40 ". Y CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION , rr, #.?I P, E1, ? r ? Y,-`??:N!A IS Plaintiff, vs. KADY PROPERTIES, LLC, Defendant. I Hereby cert' that the last known address of Defend t is/are: 516 Bret New C 1 PA 17070 No.: 2011-150 CIVIL TERM ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Scott A. e s u' E Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 't- aA c? lgiy X60 3z?) ???) 6 L ,k. k' / ei? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. KADY PROPERTIES, LLC, Defendant. CIVIL DIVISION NO.: 2011-150 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Kady Properties, LLC, in the amount of $158,942.59 which is itemized as follows: Principal $ 133,105.00 Interest through 6/7/2011 $ 9,266.87 Late Charges $ 584.84 Other Charges/Fees $ 2,245.00 Attorney's Fees & Costs $ 13.740.88 (10% of Unpaid Principal & Accrued Interest) TOTAL $ 158,942.59 plus interest on the principal sum ($133,105.00) from June 7, 2011, at the rate of $29.54191 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES,SMT 11 VIETTERICK & CONNELLY LLP By: Scott A. Die )eMEsquire Attorney for PA I.D. #55650 P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidence4 by the attached copies. Esquire Sworn to and subscribed before me this 7th day of June, 2011. CMA,i5fiRi L. ,S Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2011-150 CIVIL TERM vs. KADY PROPERTIES, LLC, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: KADY PROPERTIES, LLC ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $158,942.59 plus interest on the principal sum ($133,105.00) from June 7, 2011, at the rate of $29.54191 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. - '4 a 'e", ?, bewild tia?4. r C Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK. CIVIL DIVISION Plaintiff, NO.: 2011-150 CIVIL TERM vs. KADY PROPERTIES, LLC, Defendant. IMPORTANT NOTICE TO: Kady Properties, LLC 516 Bridge Street New Cumberland, PA 17070 DATE OF NOTICE: May 26, 2011 YOUARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK. CIVIL DIVISION Plaintiff, NO.: 2011-150 CIVIL TERM vs. KADY PROPERTIES, LLC, Defendant. AVISO IMPORTANTE A. Kady Properties, LLC FECHA DEL AVISO: May 26, 2011 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENDS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y LISTED PUEDE PER-DER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 ?t; JAMES SMITH DIETTERICK & CONNELLY LLP DATE: Mav 26. 2011 BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID Slott' A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. KADY PROPERTIES, LLC, Defendant. CIVIL DIVISION NO.: 2011-150 CIVIL TERM ISSUE NO : s . TYPE OF PLEADING: - AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO Pa.R.C.P., 430 SPECIAL ORDER OF COURT CODE: FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. # 55650 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (71) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2011-150 Civil Term vs. KADY PROPERTIES, LLC, Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO ORDER OF COURT I, Scott A. Dietterick, Esquire, attorney for Plaintiff, Orrstown Bank, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendant, as follows: On or about March 11, 2011, an Order of Court was entered granting Plaintift's Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof. 2. Pursuant to said Order, on or about March 16, 2011, the counsel for Plaintiff served Defendant, with a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure, via First Class U.S. Mail and Certified Mail, Return Receipt Requested to the address of the Mortgaged Premises, being 516 Bridge Street, New Cumberland, Pennsylvania 17070. A true and correct copy of the Certified Mail Receipt and Certificate of Mailing are marked Exhibit "B", attached hereto and made a part hereof. I . Pursuant to said Order, on or about May 5, 2011, the Sheriff of Cumberland County posted the property subject to the Mortgage, being 516 Bridge Street, New Cumberland, Pennsylvania 17070 with a true and correct copy of Plaintiff s Complaint in Mortgage Foreclosure. A true and correct copy of the Sheriff s Return of Service from the Cumberland County Sheriff s Office is marked Exhibit "C", attached hereto and made a part hereof. Respectfully submitted, JAMES SMITE OItTTERICK & CONNELLY LLP ---) ?'- I ( DATED: D - / BY: Sco A. i tterick, Esquire Atto r Plaintiff PA I. #55650 P.O. Box 650 Hershey, PA 17033 , i 7 j 533-3280 Sworn to and subscribed before me this 13`h day of May, 2011. Lh Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN EORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2011-150 CIVIL TERM vs KADY PROPERTIES, LLC, Defendant. ORDER OF COURT AND NOW. this I,fh day of MQI`('.h , 2011. upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessan/, on Defendant, Kady Properties. LLC, by instructing the Sheriff of Cumberland Countv to POST a copy of same on the Mortgaged Premises, being 516 Bridge Street, New Cumberland, Pennsylvania 17070 and by mailing a copy to the Mortgaged Premises, via Certified Mail. Return Receipt Requested, No Signature Required and First Class U.S. Mail. Postage Prepaid, with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P, 430. BY THE COURT: ISI AI6,jt uo-'sla.tcl T EXHIBIT "B" 13L " CC }\ cn ?L CD . ?+ N l1 IL ? LL ? y ? ? it r ° n a? zQ LO U m_ m U ¢ c ? ? m W w ¢w 69T-E UTLE 0000 0`ChE 6002 r 3Aa fII E ? I ' U U U W a+ O o H '? c J a ? a q w W c' ? ?" y W w W ? Z u ? w w 0 ? ? Q w a4 ? O U ? J ? Q 0 N ? o o ^, W a ^ AML W ¦Q??) viii o N li ! E a v W r ? ~ C U 0 3 ° w a Z EXHIBIT «C» SHERIFF';. JFFICE OF CUMBERLANL BOUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Orrstown Bank vs. Kady Properties, LLC Case Number 2011-150 SHERIFF'S RETURN OF SERVICE 05/05/2011 07:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 5, 2011 at 1940 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kady Properties, LLC, pursuant to order of court by posting the premises located at 516 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070 with a true and correct copy according to law. ROB RT BITNER, ?PU SHERIFF COST: $51.00 May 06, 2011 SO ANSWERS, ROV R ANDERSON, SHERIFF ci CotmtySuite Shrift. Teieosofl Inc Orrstown Bank IN THE COURT OF CAN PLEAS OF CLWERLaM COUNTY, PENNSYLVANIA CIVIL DIVISION v Kady Properties, LLC File No. 2011-150 CIVIL TERM (Plaintiff) Amount Due $ 158,942.59 Interest from 6/8/11 to $ 10,694.17 . date of sa e Atty's Conn (Defendant(s) Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberlap a - _-2 County, for debt, interest and costs upon the following described property o mar= defendant (s) cnr' See Exhibit A attached. PRAECIPE FOR ATTACHMENT EXECUTION ^` ?1 Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the ga real estate of the defendant(s) described in the atta DATE: June 7, 2011 s? ?l a v cK 4? 7?6 i sa pQa?, R ,, 44 0 3 a-t g q ?, ov c6?5 R ,i $ 1y.vo S q3 3D 9 /0, p0 y to. bo s 37. ub Signature: Print Name Address: James Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Plaintiff I+ " Telephone: 00 w g a. 9 3, 91) Pa. Y s?.OD ??t Ca S, So Z)o-e (717) 533-3280 Supreme Court ID No.: 55650 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, same being more particularly bounded and described as follows to wit: BEGINNING at a point on the westerly side of Bridge Street distant fifty (50) feet south of the southwestern corner of Bridge Street and a sixteen (16) foot wide public alley; thence continuing along the said westerly side of Bridge Street, South fifty (50) feet to the dividing line between Lots Nos. 208 and 209; thence in a westerly direction at right angles with the said Bridge Street one hundred seventy-five (175) feet to a public alley; thence in a northerly direction along said last mentioned alley, fifty (50) feet to the dividing line between Lots Nos. 209 and 210; thence in an easterly direction along said last mentioned dividing line, one hundred seventy-five (175) feet to the westerly side of Bridge Street, the point or place of BEGINNING. BEING Lot No. 209 as recorded on the general Plan of Lots of the Borough of New Cumberland, Pennsylvania. HAVING THEREON ERECTED a two and one-half story frame dwelling house and other out buildings, known as 516 Bridge Street. BEING the same premises which Rodney W. Bennage and Amanda M. Bennage, Husband and Wife, by Deed dated September 27, 2007 and recorded on October 9, 2007 in and for Cumberland County, as Instrument Number 200738912, granted and conveyed unto Kady Properties, LLC. Parcel No. 25-24-0811-100 Exhibit "A" ! r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 2011-150 CIVIL TERM vs. c MW KADY PROPERTIES LLC m r =-n r*r-A cr ? -[ ? CO ? o Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 }:p -- .% Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 516 Bridge Street, New Cumberland, Pennsylvania 17070: 1. Name and Address of Owner(s) or Reputed Owner(s): KADY PROPERTIES, LLC 2 3. 4. 5 516 Bridge Street New Cumberland, PA 17070 Name and Address of Defendant(s) in the Judgment: KADY PROPERTIES, LLC 516 Bridge Street New Cumberland, PA 17070 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ORRSTOWN BANK Plaintiff Name and Address of the last record holder of every mortgage of record: ORRSTOWN BANK Plaintiff Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. 7. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE Bureau of Corporation Taxes P.O. Box 280427 Harrisburg, PA 17128-0427 DEPARTMENT OF REVENUE PA DEPARTMENT OF LABOR & INDUSTRY CURRENT OCCUPANTS - TENANTS Bureau of Business Trust Fund Taxes P.O. Box 280905 Harrisburg, PA 17128-0905 Office of Unemployment Compensation 651 Boas Street, Room 1700 Harrisburg, PA 17121 516 Bridge Street New Cumberland, PA 17070 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: I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITH, D & CONNELLY LL] DATED : Lf I I BY: Scott A. Dietteri Pa. I.D. #55650 Attorneys for Pla 1 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. KADY PROPERTIES, LLC, CIVIL DIVISION NO.: 2011-150 CIVIL TERM C'7 Defendant. 3 mca =M NOTICE OF SHERIFF'S SALE ?r- OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Kady Properties, LLC 516 Bridge Street New Cumberland, PA 17070 TAKE NOTICE: N p c co That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 7, 2011, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: n -r z? o ' 516 Bridge Street New Cumberland, Pennsylvania 17070 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed. to: No. 2011-150 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Kady Properties, LLC A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DIETTF-RICK4 CONNELLY LLP DATED: U h1/1 BY: Scott A,' i e ' js Pa. I.D. 65 Attorneys for Plaintiff P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 VIA ORDER OF COURT LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, same being more particularly bounded and described as follows to wit: BEGINNING at a point on the westerly side of Bridge Street distant fifty (50) feet south of the southwestern corner of Bridge Street and a sixteen (16) foot wide public alley; thence continuing along the said westerly side of Bridge Street, South fifty (50) feet to the dividing line between Lots Nos. 208 and 209; thence in a westerly direction at right angles with the said Bridge Street one hundred seventy-five (175) feet to a public alley; thence in a northerly direction along said last mentioned alley, fifty (50) feet to the dividing line between Lots Nos. 209 and 210; thence in an easterly direction along said last mentioned dividing line, one hundred seventy-five (175) feet to the westerly side of Bridge Street, the point or place of BEGINNING. BEING Lot No. 209 as recorded on the general Plan of Lots of the Borough of New Cumberland, Pennsylvania. HAVING THEREON ERECTED a two and one-half story frame dwelling house and other out buildings, known as 516 Bridge Street. BEING the same premises which Rodney W. Bennage and Amanda M. Bennage, Husband and Wife, by Deed dated September 27, 2007 and recorded on October 9, 2007 in and for Cumberland County, as Instrument Number 200738912, granted and conveyed unto Kady Properties, LLC. Parcel No. 25-24-0811-100 Exhibit "A" IN THE COURT (--)F COMINICDN PLEAS OF CUMBERLAND COUN ; -i- _ pENTIS- -T 'v ANIA RSTC>??? ?.?Th. CT' 'IT DTVISIQI Plaint vs I -kDY Dr C PEP 71- S, L Defcndant. ORDER OF COURT AND NC-)W. this ?1 day of MQI`I _ 20-l, upon consideration of Plaintiff,?Motion Tor Sz)ecial Service_ it is hereby OR-DERED kDJUDGED AND DECREED that Plaintiff shall servt its Complaint in Mortgage Foreclosure and Notice of Sale, ,f n? ec any nn L)efendant, Kady Pronertles. LL,C_. by lnstructln? the Snenfr Of C=berlLill d (---ount: tc) POST a cope of same on the MortLraged Premises, being 5) 6 Bridge Street, Ncw Cumberland_ Pennsvivania 17070 and by mailing a copy to the Mortgaged Premises. via Certified Mail Return Receipt Requested, No Signature Required and First Class ?.S. Mail- PostaL,e Prepaid., with said service hc=- vaiia and comi)iete upon such posi=, and mail=, in accordance with Pa.R.C_F. -430. BY THE: COURT WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-150 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From KADY PROPERTIES, LLC (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$ 158,942.59 L.L. $.50 Interest FROM 6/8/11 TO DATE OF SALE - $10,694.17 Atty's Comm % Due Prothy $2.00 Atty Paid $293.80 Plaintiff Paid Other Costs Date: June 8, 2011 (Seal) REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE David D. Buell, Prothonotary P . A of Deputy Address: JAMES SMITH DIETTERICK & CONNELLY LLP PO BOX 650, HERSHEY, PA 17033 Attorney for: Plaintiff Telephone: 717-533-3280 Supreme Court ID No. 55650 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 2C 12 J,A"1 10 AM 10' 11 Richard W Stewart Solicitor Orrstown Bank vs. Kady Properties, LLC U PENN YLVAN A COUNTY Case Number 2011-150 SHERIFF'S RETURN OF SERVICE 09/27/2011 07:56 PM - Deputy Ryan Burgett, 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 516 Bridge Street, New Cumberland, PA 17070, Cumberland County. 09/27/2011 07:56 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Kady Properties, LLC, pursuant to Order of Court by "Posting" the premises located at 516 Bridge Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He sold the same for the sum of $1.00 to Attorney Scott A Dietterick, on behalf of Orrstown Bank, 2695 Philadelphia Ave, Chambersburg, PA 17201. Orrstown Bank, being the buyer in this execution, paid to the Sheriff the sum of $883.17 01/10/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $883.17 SO ANSWERS, January 10, 2012 RON R ANDERSON, SHERIFF W1.00 Pte( . a4- CD - 0 1) Pd Co, • Z) a ?Od l 'c? Countysu'.te Srelff. TehOecft. Irc. 4-y' S W>?> COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Orrstown Bank is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 8 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 150, at the suit of Orrstown Bank against Kady Properties LLC is duly recorded as Instrument Number 201200888. IN TESTIMONY WHEREOF, I have herepnto set my hand and,jeal of said office this Ice) z? day of A.D. _OZOQ Recorder of Deeds Recorder of *nbedend Canl% GuAsle, PA MY W=WiMB#ft the Rd Mwft of JUL 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, VS. KADY PROPERTIES, LLC, Defendant. CIVIL DIVISION NO.: 2011-150 Civil Term TYPE OF PLEADING PRAECIPE FOR PARTIAL RELEASE OF JUDGMENT LIEN FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 -) c o _ `?-? nom' ? z -?? ? c \N ?V ?/ ? ? ?..,d? _` S._/ C d Rte., ?•?.. ut? r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, : Plaintiff, VS. KADY PROPERTIES, LLC, CIVIL DIVISION NO.: 2011-150 Civil Term Defendant. PRAECIPE FOR PARTIAL RELEASE OF JUDGMENT LIEN TO:PROTHONOTARY SIR/MADAM: Please mark the lien of the Judgment released only as to the real property of Defendant, Kady Properties, LLC, located at 516 Bridge Street, New Cumberland, Pennsylvania 17070, Tax Parcel #25-24-0811-100 and more particularly described as Exhibit "A" attached hereto. JAMES, CK & Date: »- Scott X. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 By: ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, same being more particularly bounded and described as follows to wit: BEGINNING at a point on the westerly side of Bridge Street distant fifty (50) feet south of the southwestern corner of Bridge Street and a sixteen (16) foot wide public alley; thence continuing along the said westerly side of Bridge Street, South fifty (50) feet to the dividing line between Lots Nos. 208 and 209; thence in a westerly direction at right angles with the said Bridge Street one hundred seventy-five (175) feet to a public alley; thence in a northerly direction along said last mentioned alley, fifty (50) feet to the dividing line between Lots Nos. 209 and 210; thence in an easterly direction along said last mentioned dividing line, one hundred seventy- five (175) feet to the westerly side of Bridge Street, the point or place of BEGINNING. BEING Lot No. 209 as recorded on the general Plan of Lots of the Borough of New Cumberland, Pennsylvania. HAVING THEREON ERECTED a two and one-half story frame dwelling house and other out buildings, known as 516 Bridge Street. BEING the same premises which Rodney W. Bennage and Amanda M. Bennage, Husband and Wife, by Deed dated September 27, 2007 and recorded on October 9, 2007 in and for Cumberland County, as Instrument Number 200738912, granted and conveyed unto Kady Properties, LLC. Parcel No. 25-24-0811-100 Exhibit "A"