HomeMy WebLinkAbout11-5822IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
Vs.
JACK K. HENCH and
LOIS A. HENCH,
Defendants.
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 BE ENTEREDAGAINSW-jGpU.
ATTORNEY POR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
P.O. Box 250
Shippensburg, PA 17257
AND THE DEFENDANT(S):
5450 Westbury Drive
Enola, PA 17025
ATTORNEY FO F
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
5450 Westbury Drive, Enola, PA 17025
5002 Carlisle Pike, Mech nicsburg, PA 17050
104 Sporting I]IIl Roechanicsburg, PA 17050
ATTORNEY FO
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TYPE OF PLEADING: 1>c? :: =
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CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
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
CS-)
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IF THIS IS THE FIRST 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 RECEIPT 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 RECEIVED 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 DISCHARGE, 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, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
VS.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
NOTICE TO DEFEND
NO..
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 may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
AVISO
NO..
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 suma de dinero reclamada en la demanda o cualquier
otra reclamacion 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 PARA 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, CIVIL DIVISION
Plaintiff, NO.:
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Orrstown Bank, by its attorneys, James, Smith, Durkin & Connelly LLP,
files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Orrstown Bank, which has its principal place of business at P.O.
Box 250, Shippensburg, Pennsylvania 17257.
2. The Defendants, Jack K. Hench and Lois A. Hench, are adult individuals whose
last known address is 5450 Westbury Drive, Enola, Pennsylvania 17025.
3. On or about December 20, 2002, Defendants executed a Promissory Note
("Note") in favor of Plaintiff in the original principal amount of $780,000.00. A true and correct
copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about December 20, 2002, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $780,000.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on December 20, 2002, in Mortgage
Book Volume 1788, Page 1402. 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. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are 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. On or about June 6, 2011, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. § 101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 566,630.38
Interest through 7/8/11 $ 7,419.47
Late Charges $ 1,027.68
Other Fees & Costs $ 55.00
Attorney's Fees $ 5,000.00
Title Costs $ 410.00
TOTAL $ 580,542.53
plus interest on the principal sum ($566,630.38) from July 8, 2011, at the rate of $66.89 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 $580,542.53, with interest thereon at the rate of $66.89 per diem from July 8, 2011, 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,
Dated: -flal In
BY: Xy'l
Scott A. Di tte
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
CK & CONNELLY LLP
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
PROMISSORY NOTE
Prrnopal` Loam nape Maturf.
#Y Loan No call / Coif Account CJfflder l itials
$. t3#l OQlt3: UO 2? 2 . F MRS
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "***" has been omitted due to text length limitations.
Borrower: JACK K. HENCH (SSN: 165-26-5184)
LOIS A. HENCH (SSN: 204-30-5116)
5450 WESTBURY DR.
ENOLA, PA 17025
Lender: ORRSTOWN BANK
SILVER SPRING OFFICE
3 BADEN POWELL LANE STE. 1
MECHANICSBURG, PA 17050
Principal Amount: $780,000.00 Date of Note: December 20, 2002
Maturity Date: December 20, 2022
PROMISE TO PAY. JACK K. HENCH and LOIS A. HENCH ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lender"), or
order, in lawful money of the United States of America, the principal amount of Seven Hundred Eighty Thousand & 00/100 Dollars
($780,000.00), together with interest on the unpaid principal balance from December 20, 2002, until paid in full.
PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan on demand. Payment in full is
due immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in accordance with the following payment
schedule: 36 monthly consecutive principal and interest payments in the initial amount of $5,742.73 each, beginning January 20, 2003, with
interest calculated on the unpaid principal balances at an initial interest rate of 6.250% per annum; and 204 monthly consecutive principal and
interest payments in the initial amount of $5,342.13 each, beginning January 20, 2006, with interest calculated on the unpaid principal balances
at an interest rate based on the Wail Street Prime (currently 4.250%), plus a margin of 1.000%, resulting in an initial interest rate of 5.250%.
Borrower's final payment will be due on December 20, 2022 and will be for all principal and accrued interest not yet paid, together with any
other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued
unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual interest rate for this
Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the
outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at
Lender's address shown above or at such other place as Lender may designate in writing.
VARIABLE INTEREST RATE. For the first 36 payments, the interest rate on this Note will be 6.250%. Thereafter, the interest rate on this Note is
subject to change from time to time based on changes in an independent index which is the Wall Street Prime (the "Index"). The Index is not
necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a
substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not
occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.250% per
annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the
"Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent
payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the
interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its
option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date,
(B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's
payments at the same amount and increase Borrower's final payment.
PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Should Borrower prepay all
or any amount of principal during the next three (3) years, the Borrower shall be assessed against the amount prepaid, a three percent (3.00%)
prepayment penalty. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted
from this assessment will be principal payments that are generated as a result of operation of the business for which the loan was extended.
Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial institution. Except for the
foregoing, Borrower may pay all or a portion of the amount owed earlier than is due. Early payments will not, unless agreed to by Lender in
writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the
principal balance due and may result in Borrower making fewer payments.. Except for the foregoing, Borrower may pay all or a portion of the
amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to
continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's
making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower
sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any
further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that
indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction
of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257.
LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is
greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the
date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by 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 Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of
Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor
workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
PROMISSORY NOTE
(Continued) Page 2
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor 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 not be required to, permit the Guarantor's estate to assume unconditionally the obligations
arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same
provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after
receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires
more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and
thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender
that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
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.
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 (270) days of the Borrower's fiscal year end, the Lender has the right to increase the interest
rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged
on this Note.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors
and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at
the following address: ORRSTOWN BANK 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. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing
them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one
or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise
change one or more times the time for payment or other terms any indebtedness, including increases and decreases of the rate of interest on the
indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new
collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the
terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or
more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and
what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person
who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any
length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral;
and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify
this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint
and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of
this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT 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.
PROMISSORY NOTE
(Continued) Page 3
PRIOR TO SIGNING THIS NOTE,
VARIABLE INTEREST RATE PROVISIONS ANDO HER NOREAD AND TICE TO COSIGNER UNDERSTOOD SET FORTH E BEPROVISIONS OF THIS LOW. EACH BORROW R NOTE, S ITO THE
TERMS OF HE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X (Seal)
J K. HENC , i ividual y
-a
X (Seal)
mr. A. HENCH, Individually
NOTICE TO COSIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure
you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs,
which increase this amount.
The Lender can collect this debt from you without first trying to collect from the borrower. The Lender can use the same collection methods
against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may
become a part of YOUR credit record.
This notice is not the contract that makes you liable for the debt.
USER PRO Len6n0. Ver. 5.21.00.003 Capt. WaM Financial S010O , Inc. 1997, 2702. NI Rghts ResewW. - PA C'\CFMPL\0M.FC TA SM PR-t
L
RECORDATION REQUESTED BY:
ORRSTOWN BANK
SILVER SPRING OFFICE
3 BADEN POWELL LANE STE. 1
MECHANICSBURG, PA 17050
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. BOX 250
SHIPPENSBURG,PA 17257
?4E?RT P. ZIEGLER
'..00 cDER OF DEEDS
"nERLAND COUNTY -,,
02 DEC 20 RM 10 44
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE dated December 20, 2002, is made and executed between JACK K. HENCH and LOIS A.
HENCH, whose address is 5450 WESTBURY DR., ENOLA, PA 17025 (referred to below as "Grantor") and
ORRSTOWN BANK, whose address is 3 BADEN POWELL LANE STE. 1, MECHANICSBURG, PA 17050 (referred
to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages
to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or
affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges,
tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with
respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other ri his,
royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the " Bel
Property") located in CUMBERLAND County, Commonwealth of Pennsylvania:
SEE ATTACHED
The Real Property or its address is commonly known as 5002 CARLISLE PIKE1104 SPORTING HILL RD/5450
WESTBURY DR., MECHANICSBURG/ENOLA, PA 17050.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the
Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN
THE ORIGINAL PRINCIPAL AMOUNT OF $780,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage
as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the
following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use,
operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the 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: (1) During the period of Grantor's ownership of the
Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the
Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating
to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,
contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state,
and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter
upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties
contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses
which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property,
whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to
indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be
affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion,
Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably
satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set
forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges
and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of
Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not
due as further specified in the Right to Contest paragraph.
BK I /6U- 1 402
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(Continued) Page 2
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to
pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen
(15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general
liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance
as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender.
Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished
without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such
notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal
Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available,
within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the
loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as
otherwise required by Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and
retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or
the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds
which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be
applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall
be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails
to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due
any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be
obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property.
All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or
paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be
payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become
due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment
which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all
other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of
any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and
encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in
favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver
this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this
Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or
cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive
the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's
Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to
be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and
attomeys' fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all
taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on
the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note;
and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same
effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor
either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
BK 17 8;: P' 11 4 33
MORTGAGE
(Continued)
Page 3
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall
have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest.
Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any
Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to
Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are
a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or
preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created
by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender
agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in
this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and
do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It
is understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of
the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Grantor.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage
or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or
misleading at any time thereafter.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency
laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness.
This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply
if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor
or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied
within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor 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. 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.
Right to Cure. If such a failure is curable and it Grantor has not been given a notice of a breach of the same provision of this Mortgage within the
preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may
exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire
Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured parry under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts
past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,
then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same
and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the
payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in
person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property
B I %uPG 14 D4
MORTGAGE
(Continued)
Page 4
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of
any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender,
to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and
confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the
Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and
thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real
Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser
of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property
immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In
exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may
be made in conjunction with any sale of the Real Property.
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 under this Mortgage or otherwise shall be construed so as to limit or restrict the rights
and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly
against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or
indirectly securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and
to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of
its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate
from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and
title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to 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 law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed
to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this
Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is
more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified
statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require.
"Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the
Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean
each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance
with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor,
shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender
is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If
feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be
so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any
provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time
held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantors 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 JACK K. HENCH and LOIS A. HENCH, and all other persons and entities signing the Note in whatever
capacity.
Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default
Environmental Laws. The words 'Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery
Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
BK 106PO" 1405
MORTGAGE
(Continued)
Page 5
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this
Mortgage.
Grantor. The word "Grantor" means JACK K. HENCH and LOIS A. HENCH.
Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation parry of any or all of the 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 the Note or Related
Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents
and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's
obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns.
Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender.
Note. The word "Note' means the promissory rote dated December 20, 2002, in the original principal amount of $780,000.00 from
Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement. The maturity date of this Mortgage is December 20, 2022.
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 trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
X? (Seal)
LOIS A. HENCH, Individually
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows:
SILVER SPRING OFFICE, 3 BADEN POWELL LANE STE. 1, MECHANIC
Attom or em for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
e ) SS
COUNTY OF GH
On this, the o76?- day of ??Jc ra ru S 20 C?2 >_ , before me ??/?rr
the undersigned Notary Public, personally appeared JACK K. HENCH and LOI . HENCH, known to me (or
satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the
purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
y
B i l8 1
-06
Notaryublic in and for the State of _
IIOTARNi ?
001`111111111111110 . Tti.EY, NOTARY Kill
CtANAL9 001110, al1DERW0 001lWY.IMA
w commme10N EXPMn JUNE 12.110=4
LEGAL DESCRIPTION
Parcel No.: 10-13-0993-064 - PARCEL NO. 1
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden Township,
Cumberland County, Pennsylvania, and bounded and described as follows:
PAIICIrL NO I -
BEGINNING at a point which is located oil the Northern right-of-way line of Westbury
Drive (60.00 feet wide), said point being located at Ilse Southeastern corner of Lot No. 6; Oren
exicading along ilia Eastern boundary line of Lot No. 6 North 42 degrees 35 minutes 15 seconds
East, for a distance of 73.24 feel, to a point at the Southwestern corner of Lot No. 7: then along the
Sou:hcri boundary line of Lot No.7 South 89 degrees 48 minutes 53 seconds East, far a distance or
42.80 feel, :o n point at the Southwestern comer of Lot No. 8; then along the Southern boundary
[ilia of Lot No. 8 and partially along Lot No. 9 South 45 degrees 46 minutes 45 seconds East, for a
??- distance or 75.46 feet, to a point at the Northwestern comer of Lot No. 4; then along the Western
boundary line of Lot No. 4 South 43 degrees 31 minutes 30 seconds West, for a distance of 100.01
feet, lu n point on the Northern right-of-way line of Westbury Drive (60.00 feel wide); then along
said right-of-way line on the arc of a circle curving to the left, having a radius of 330.00 feet, for :lie
Icgrth of 4.70 feel, to a point; then along said right-or-way line North 47 degrees 20 minutes 38
secmtds West, for a distance of 100.70 feel to a point, and the Place of BEGINNING.
THIS piece, parcel or lot of land consists of appioxinhately 10,309.61 square feet of land.
and is known and numbered as Lot No. 5 on the Final Subdivision Plan for Westbury - Phase 1,
which is mcoided in Cumberland County in Plan Book 66, Page 32.
UNDER AND SUBJECT TO:
(a) Any and all easements, licenses, exceptions, reservations, covenants, agreements.
conveyances and restrictions which affect ilia premises and arc visible by inspection
of the premises.
(b) Any and all easements, licenses, exceptions, reservations, covenants, agreements,
conveyances and restrictions contained in any and all prior recorded agrecm 1n
leases, deeds, grants and conveyances affecting the premises.
v
(c) The Declaration of Covenants and Restrictions which is recorded in the Office of [lie
Recorder of Deeds for Cumberland County in Record Book 462, Puge 422.
ALSO UNDER AND SUBJECT to General Notes on subdivision plan, including
condition(s) which regulate construction of certain structures within the 50 foot buffer yard as
provided in Hampden Township Zoning Ordinance, Section 1602. See General Notes (12) us
.1;own on the Final. Sijbdivision Plan for Westbury - Phase I, which is recorded in Cunhbcrltn d
Coanly in Plan Booki66, Page 32.
PARCEL NO. 2
Parcel No.: 10.21.0281-008 - TRACT NO. 1
10-21-0281-009 - TRACT NO. 2
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden Township,
Cumberland County, Pennsylvania, and bounded and described as follows:
:tr u.
BEGINNING at a point in the Hurrisburg-Carlisle Turnpike U.S. Route 11, 4.72 rect
North of the southerly right-or-way line of said highway at the westerly line of lands now or
formerly of Guy Rupp; (hence by the hatter lands, South 12 degrees 16 minutes West 310.71 feet to
the stake at line of land now or formerly of the United Biscuit Company of Anerica; dhenee by lite
latter land, North 78 degrees West 187.45 feet to a point on line of land now or formerly of
American Equipment Company; thence by the faller land, North 12 degrees East 308.49 feet, more
OF less, to n point in the Harrisburg-Carlisle Turnpike U.S. Route 11. 4.72 feel North of the
southerly right-or--way line thereof; thence in said highway. North 78 degrees East, 189 fee[ to the.
Place of BEGINNING
'I'ntel No. 2 '
BEGINNING at a point 25 feel South from the centerline of U.S. Route I I tit the line of
t'?w Piopeny now or formerly of Harry S. Hodge, ct ux; thence South 79 degrees 01 minulc Cast 92.40
fact to a point in 5 rling Hill Road; thence South 00 degrees 02 minutes Ent 125.40 feet to a
point, the line of other property now or formerly or Guy Rupp; thence North 81 degrees 39 miuuics
)'lest 119.35 feet to a stake, line of property now or fonrerly of Harry S. Hodge, et ux; thence
'tknlh 12 dcgrees 16 minutes East 128.61 feet to a point, the Place of BEGINNING.
THE ABOVE two tracts of land thereon erected a restaurant building known its Yc Olde
„ic [louse with a mailing address of 5002 Carlisle Pike, Mechanicsburg, Pennsylvaiia 17055.
Parcel No.: 10-31-0281-007 - PARCEL NO. 3
be recorded
i. _ C JFi ?y FA
ALL III OSE CERTAIN pieces, parcels or lots of land situate in Hampdc6 Township, ,
Cumberland County, Pennsylvania, and bounded and described as follows: \ 11 7-?
BEGINNING at a nail in the road leading from Sporting fttll to Triadic Rouri ai ih'e ire ol" e t? r?'r of F Deeds
properly now or Formerly stake. the e of Harry S. [lodges, at ux; thence South 89 degrees 51 urinutcs west
alo
Iting line lint feet ofto a ssaid ttaake, t Harry S. line Hodges, proel ux, Party North or 12 formerly degrees of 16 minute said s Ear Hurry S. Hodges, at ux; thence
llodges fact x; a stake,
the line of other property now or to
mrerly of Guy Rupp; hence along said lire South 81 degrees 39
urinutes East 119.35 feel to a nail in Oe ufoact entioned public road; thence South 0 degrees 2
nunulcs List 160.50 feet to a point, the Place of BEGINNING.
r
IIAVING thereon erected a frame dwelling known as ID4 Sporting Hill Road,
Mechanicsburg.
1407 Being the same premises which Jack K. Hench and Lois A. Hench, husband and wife, by their
Deed dated June 30, 1999 and recorded June 30, 1999, in Cumberland County Deed Book 202, Page
906, granted and conveyed to Jack K. Hench and Lois A. Hench.
ORRsTowNBANK
A Tradition of Excellence
June 6, 2011
Jack K. Hench
Lois A. Hench
5450 Westbury Drive
Enola, PA 17025
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, You must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, You may
call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with
impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Jack K. and Lois A. Hench
PROPERTY ADDRESS: 5450 Westbury Drive, Enola, PA 17025
5002 Carlisle Pike & 104 Sporting Hill Road,
Mechanicsburg, PA 17050
LOAN ACCT. NO.: 26419709001
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDER/SERVICER:ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3)
days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of
the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST
OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY
FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT,
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the property is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have
applications for the program and they will assist you in submitting a complete application to the
Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure
action, your application MUST be forwarded to PHFA and received within thirty (30) days of your
face-to-face meeting with the counseling agency.
YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS
NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN
THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE
AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED
"TEMPORARILY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS.
A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE
ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A
SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 5450 Westbury Drive, Enola, PA, 5002 Carlisle Pike and 104 Sporting Hill Road,
Mechanicsburg, PA IS IN SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: April 201th payment of $5,138.43, May 20th payment of
$5,138.43 totaling $10,276.86.
Other charges (explain/itemize): LATE CHARGES--$ 513.84
TOTAL AMOUNT PAST DUE: $10,790.70
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$10,790.70 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check
certified check or money order made payable and sent to:
ORRSTOWN BANK
ATTN: LINDA MOWEN
2695 Philadelphia Avenue
Chambersburg, PA 17201
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter: N/A
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its riahts to accelerate the mortgage debt
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgage property
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right
to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may
do so by paving the total amount then past due, plus any late or other charges then due reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writing by the lender and by performing any other requirements under
the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Orrstown Bank
Address: 2695 Philadelphia Avenue
Chambersburg, PA 17201
Phone Number: (717) 709-3033
Fax Number: (717) 709-3091
Contact Person: Linda Mowen
E-Mail Address: Imowen(a-orrstown.com.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
ORRSTOWN BANK
Linda K. Mowen
Assistant Vice President
Loan Workout and Collection Manager
SENT VIA REGULAR AND CERTIFIED MAIL
CERTIFIED MAIL#47009 1680 0002 4060 3235
RETURN RECEIPT REQUESTED
Cc:
Ye Olde Ale House
5002 Carlisle Pike
Mechanicsburg, PA 17050
SHERIFF'S OFFICE OF CUMBERLAND "q NTY71-1
Ronny R Anderson
Sherifft,,,t ?nmGrrl
Jody S Smith I AUG -8 PM 3: !7
Chief Deputy UMSERLAHL GOU 1
Richard W Stewart PENNSYLVAN11 ^,
Solicitor
Orrstown Bank Case Number
vs. 2011-5822
Jack K. Hench (et al.)
SHERIFF'S RETURN OF SERVICE
07/26/2011 05:35 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 26
2011 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Jack K. Hench, by making known unto Lois A. Hench, Wife of Defendant
at 5450 Westbury Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same
time handing to her personally the said true and correct copy of the same.
A HALL, D UTY
07/26/2011 05:35 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 26
2011 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Lois A. Hench, by making known unto herself personally, at 5450
Westbury Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
r?
811WMAj?[VS HALL, DEPUTY
SHERIFF COST: $59.00
August 02, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
1 ILEL-O I• ILs:.
THE PR0T?ifl`tCTiR',
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAINA SEP - 9 PH (: 16
ORRSTOWN BANK,
Plaintiff,
CIVIL DIVISION
CUMBERLAND COUNTY
PENNSYLVANIA
vs.
JACK K. HENCH and
LOIS A. HENCH,
Defendants.
I Hereby certify that the last known address
of Defendant( is/are:
5450 Westbu rive /? ,--.
Enola, PQ 1 2 /! I
No.: 11-5822 CIVIL
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. DieWeFielr-i?squire Attorney for Plaintiff
JAMES, SMITH, DIETTERICK & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
$ 1.11-06 -?L
?2*`- az?rsa.Z
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
VS.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
CIVIL DIVISION
NO.: 11-5822 Civil
PRAECIPE FOR DEFAULT JUDGMENT
TO:PROTHONOTARY
SIR/MADAM:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, Jack K. Hench and Lois A. Hench, in the amount of $585,157.02 which is
itemized as follows:
Principal $ 566,630.38
Interest through 9/7/2011 $ 11,499.76
Late Charges $ 1,561.88
Other Fees & Costs $ 55.00
Attorney's Fees $ 5,000.00
Title Costs $ 410.00
TOTAL $ 585,157.02
plus interest on the principal sum ($566,630.38) from September 7, 2011, at the rate of $66.89
per diem, plus additional late charges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure and sale pf the^rtgaged premises.
JAMES
By: Al (
Scott A. Didfite
Attorney fbr Pl intil
PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Y LLP
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
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
Defendants are 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 evidenced byAe attached copies.
Scott A. Dietterick, Esquire
Sworn to and subscribed before me
this 7th day of September, 2011.
01/b ?-h
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.: 11-5822 Civil
VS.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: JACK K. HENCH
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on 941(f
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $585,157.02
plus interest on the principal sum ($566,630.38) from September 7, 2011, at the rate of $66.89
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.
Depu
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff, NO.: 11-5822 Civil
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: LOIS A. HENCH
( ) 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: $585,157.02
plus interest on the principal sum ($566,630.38) from September 7, 2011, at the rate of $66.89
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.
.6
lq? Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy,
Richard W Stewart
Solicitor
Orrstown Bank
Case Number
vs.
Jack K. Hench (et al.) 2011-5822
SHERIFF'S RETURN OF SERVICE
07/26/2011 05:35 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 26
2011 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Jack K. Hench, by making known unto Lois A. Hench, Wife of Defendant
at 5450 Westbury Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same
time handing to her personally the said true and correct copy of the same.
$KAft4d HALL, D UTY
07/26/2011 05:35 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 26
2011 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Lois A. Hench, by making known unto herself personally, at 5450
Westbury Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
j1
SHALL, DEPUTY
SHERIFF COST: $59.00 SO ANSWERS,
4z
August 02, 2011 RbNNNY R ANDERSON, SHERIFF
(C Coun±y5u1tcSnerff Teaosufl Inc
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
CIVIL DIVISION
NO.: 11-5822 Civil
IMPORTANT NOTICE
TO: Lois A. Hench
5450 Westbury Drive
Enola, PA 17025
DATE OF NOTICE: August 16, 2011
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE. CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (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,
Plaintiff,
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
AVISO IMPORTANTE
A. Lois A. Hench
FECHA DEL AVISO: August 16, 2011
CIVIL DIVISION
NO.: 11-5822 Civil
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
U-N FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED 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 PARA 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
JAMES SMITIII D
DATE: August 16, 2011
BY:
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
CONNELLY LLP
Sco ? B- ck, Esquire
PA .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.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
CIVIL DIVISION
NO.: 11-5822 Civil
IMPORTANT NOTICE
TO: Jack K. Hench
5450 Westbury Drive
Enola, PA 17025
DATE OF NOTICE: August 1.6, 2011
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (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,
Plaintiff,
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
AVISO IMPORTANTE
A. Jack K. Hench
FECHA DEL AVISO: August 16, 2011
CIVIL DIVISION
NO.: 11-5822 Civil
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED 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 USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED 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 PARA 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
JAMES
DATE: August 16, 2011
& CONNELLY LLP
Sdott AViieerick, 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
BY: -
./
FIRST CLASS U.S. MAIL, POSTAGE PREPAID
IN THE COURT OF 0C1M0N PLEAS OF CLlMBERT. W CalM Y, PENNSYLVANIA
Orrstown Bank CIVIL DIVISION
File No. 11-5822 Civil
(Plaintiff) . Amount Due $ 585,157.02
v
. Interest from 9/8/11 to $ 24,147.29
Jack K. Hench and Lois A. date of e
Atty's Co omm
Hench
(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 FUR EXEC MCIN ?-> o
Issue writ of execution in the above matter to the Sheriff of Cumberl - ? C/)
County, for debt, interest and costs upon the following described property o -o
-am
defendants,) ,,~ o
See Exhibit "A" attached.
-
n
C;,%
PRAECIPE FOR ATTACHMENT EXE)CUTION
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 garnishee(s) as a ljz-Vendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: September 7, 2011 Signature:
S
Print Name: Scott A. Dietterick, Esquire
ToZy0c>
59.00 - a6s -F R .
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f.sa j),
Address: James Smith Dietterick & Connelly LLP
P 0 Box 650, Hershey PA 17033
Attorney for;
Telephone:
Plaintiff
(717) 533-3280
Supreme Court ID No.: 55650
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LEGAL DESCRIPTION
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania, and bounded and described as follows:
PARCEL NO. 1 (5450 Westbury Drive, Enola, PA 17025)
BEGINNING at a point which is located on the Northern right-of-way line of
Westbury Drive (60.00 feet wide), said point being located at the Southeastern corner of
Lot No. 6; then extending along the Eastern boundary line of Lot No. 6 North 42 degrees
35 minutes 15 seconds East, for a distance of 73.24 feet, to a point at the Southwestern
corner of Lot No. 7; then along the Southern boundary line of Lot No. 7 South 89 degrees
48 minutes 53 seconds East, for a distance of 42.80 feet, to a point at the Southwestern
corner of Lot No. 8; then along the Southern boundary line of Lot No. 8 and partially
along Lot No. 9 South 45 degrees 46 minutes 45 seconds East, for a distance of 75.46
feet, to a point at the Northwestern corner of Lot No. 4; then along the Western boundary
line of Lot No. 4 South 43 degrees 31 minutes 30 seconds West, for a distance of 100.01
feet, to a point on the Northern right-of-way line of Westbury Drive (60.00 feet wide);
then along said right-of-way line on the arc of a circle curving to the left having a radius
of 330.00 feet, an arc length of 4.70 feet, to a point; then along said right-of-way line
North 47 degrees 20 minutes 38 seconds West, for a distance of 100.70 feet to a point,
and the place of BEGINNING.
THIS piece, parcel or lot of land consists of approximately 10,309.61 square feet
of land, and is known and numbered as Lot No. 5 on the Final Subdivision Plan for
Westbury - Phase I, which is recorded in Cumberland County in Plan Book 66, Page 32.
UNDER AND SUBJECT TO:
(a) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions which affect the premises and are visible by
inspection of the premises.
(b) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions contained in any and all prior recorded
agreements, leases, deeds, grants and conveyances affecting the premises.
(c) The Declaration of Covenants and Restrictions which is recorded in the
Office of the Recorder of Deeds for Cumberland County in Record Book 462, Page 422.
ALSO UNDER AND SUBJECT to General Notes on subdivision plan, including
condition(s) which regulate construction of certain structures within the 50 foot buffer
yard as provided in Hampden Township Zoning Ordinance, Section 1602. See General
Notes (12) as shown on the Final Subdivision Plan for Westbury - Phase I, which is
recorded in Cumberland County in Plan Book 66, Page 32.
PARCEL NO. 10-13-0993-064
PARCEL NO. 2 (5002 Carlisle Pike, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania and bounded and described as follows:
TRACT NO. 1
BEGINNING at a -point in the Harrisburg-Carlisle Turnpike U.S. Route 11, 4.72
feet North of the southerly right-of-way line of said highway at the westerly line of lands
now or formerly of Guy Rupp; thence by the latter lands, South 12 degrees 16 minutes
West 310.71 feet to the stake at line of land now or formerly of the United Biscuit
Company of America; thence by the latter land, North 78 degrees West 187.45 feet to a
point on line of land now or formerly of American Equipment Company; thence by the
latter land, North 12 degrees East 308.49 feet, more or less, to a point in the Harrisburg-
Carlisle Turnpike U.S. Route 11, 4.72 feet North of the southerly right-of-way line
thereof; thence in said highway, North 78 degrees East, 189 feet to the place of
BEGINNING.
TRACT NO. 2
BEGINNING at a point 25 feet South from the centerline of U.S. Route 11 at the
line of property now or formerly of Harry S. Hodge, et ux; thence South 79 degrees 01
minutes East 92.40 feet to a point in Sporting Hill Road; thence South 00 degrees 02
minutes East 125.40 feet to a point, the line of other property now or formerly of Guy
Rupp; thence North 81 degrees 39 minutes West 119.35 feet to a stake, line or property
now or formerly of HarryS. Hodge, et ux; thence North 12 degrees 16 minutes East
128.61 feet to a point, the place of BEGINNING.
THE ABOVE two tracts of land thereon erected a restaurant building known as
Ye Olde Ale House with a mailing address of 5002 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
PARCEL NO. 10-21-0281-009
PARCEL NO.3 (104 Sporting Hill Road, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania, and bounded and described as follows:
BEGINNING at a nail in the road leading from Sporting Hill to Trindle Road at
the line of property now or formerly of Harry S. Hodges, et ux; thence South 89 degrees
51 minutes West 156.95 feet to a stake, the line of property now or formerly of said Harry
S. Hodges, et ux; thence along line of said Harry S. Hodges, et ux, North 12 degrees 16
minutes East 182.44 feet to a stake, the line of other property now or formerly of Guy
Rupp; thence along said line South 81 degrees 39 minutes East 119.35 feet to a nail in the
aforementioned public road; thence South 0 degrees 2 minutes East 160.50 feet to a point,
the place of BEGINNING.
HAVING thereon erected a frame dwelling known as 104 Sporting Hill Road,
Mechanicsburg, PA 17050.
PARCEL NO. 10-21-0281-007
BEING the same premises which Jack K. Hench and Lois A. Hench, Husband and
Wife, by their Deed dated June 30, 1999 and recorded June 30, 1999 in Cumberland
County Deed Book 202, Page 906, granted and conveyed to Jack K. Hench and Lois A.
Hench, Husband and Wife.,
Exhibit "A"
FiLLD-OFFIC'
IN THE COURT OF COMMON PLEAS OFOF THE PRQTNC1i1is"`t'
CUMBERLAND COUNTY, PENNSYLVANLA 0I I SEP w9 PM 1: 16
ORRSTOWN BANK,
Plaintiff,
VS.
CIVILMMMIM0 COUNTY
PENNSYLVANIA
NO.: 11-5822 Civil
JACK K. HENCH and LOIS A. HENCH,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
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 5450 Westbury Drive, Enola, Pennsylvania 17025; 5002 Carlisle Pike,
Mechanicsburg, Pennsylvania 17050; 104 Sporting Hill Road, Mechanicsburg,
Pennsylvania 17050:
1. Name and Address of Owner(s) or Reputed Owner(s):
JACK K. HENCH
5450 Westbury Drive
Enola, PA 17025
LOIS A. HENCH
5450 Westbury Drive
Enola, PA 17025
2. Name and Address of Defendant(s) in the Judgment:
JACK K. HENCH
5450 Westbury Drive
Enola, PA 17025
LOIS A. HENCH
5450 Westbury Drive
Enola, PA 17025
3
4.
5
6
Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
ORRSTOWN BANK
TANYA JENKINS
Plaintiff
8 Flowers Drive
Mechanicsburg, PA 17055
and
c/o William A. Addams, Esquire
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
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
Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
CURRENT OCCUPANTS - TENANTS
5002 Carlisle Pike
Mechanicsburg, PA 17050
CURRENT OCCUPANTS - TENANTS
DEPARTMENT OF REVENUE
COMMONWEALTH OF PA
104 Sporting Hill Road
Mechanicsburg, PA 17050
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. Name and Address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse
RELATIONS OFFICE One Courthouse Square
Carlisle, PA 17013
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 ',4TTERICK
& CONNELL, LY LP 1
DATED: I I I BY: )V7>
Scott A. Di terick, Esq
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
FILED-OFFICE
IN THE COURT OF COMMON PLEAS OF ur THE PR0Tt-10No T'A q,, f
CUMBERLAND COUNTY, PENNSYLVANIA
2011 SEP - 9 PIS I : I 6
ORRSTOWN BANK, CIVIL "-NbLAND COUNTY
PENNSYLVANIA
Plaintiff, NO.: 11-5822 Civil
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Jack K. Hench
5450 Westbury Drive
Enola, PA 17025
TAKE NOTICE:
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, March 7, 2012, 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:
5450 Westbury Drive, Enola, PA 17025
5002 Carlisle Pike, Mechanicsburg, PA 17050
104 Sporting Hill Road, Mechanicsburg, PA 17050
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 11-5822 Civil
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Jack K. Hench and Lois A. Hench
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, ET & CONNELLY LLP
DATED: q hill BY:
S ott A. ietterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania, and bounded and described as follows:
PARCEL NO. 1 (5450 Westbury Drive, Enola, PA 17025)
BEGINNING at a point which is located on the Northern right-of-way line of
Westbury Drive (60.00 feet wide), said point being located at the Southeastern corner of
Lot No. 6; then extending along the Eastern boundary line of Lot No. 6 North 42 degrees
35 minutes 15 seconds East, for a distance of 73.24 feet, to a point at the Southwestern
corner of Lot No. 7; then along the Southern boundary line of Lot No. 7 South 89 degrees
48 minutes 53 seconds East, for a distance of 42.80 feet, to a point at the Southwestern
corner of Lot No. 8; then along the Southern boundary line of Lot No. 8 and partially
along Lot No. 9 South 45 degrees 46 minutes 45 seconds East, for a distance of 75.46
feet, to a point at the Northwestern corner of Lot No. 4; then along the Western boundary
line of Lot No. 4 South 43 degrees 31 minutes 30 seconds West, for a distance of 100.01
feet, to a point on the Northern right-of-way line of Westbury Drive (60.00 feet wide);
then along said right-of-way line on the are of a circle curving to the left having a radius
of 330.00 feet, an arc length of 4.70 feet, to a point; then along said right-of-way line
North 47 degrees 20 minutes 38 seconds West, for a distance of 100.70 feet to a point,
and the place of BEGINNING.
THIS piece, parcel or lot of land consists of approximately 10,309.61 square feet
of land, and is known and numbered as Lot No. 5 on the Final Subdivision Plan for
Westbury - Phase I, which is recorded in Cumberland County in Plan Book 66, Page 32.
UNDER AND SUBJECT TO:
(a) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions which affect the premises and are visible by
inspection of the premises.
(b) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions contained in any and all prior recorded
agreements, leases, deeds, grants and conveyances affecting the premises.
(c) The Declaration of Covenants and Restrictions which is recorded in the
Office of the Recorder of Deeds for Cumberland County in Record Book 462, Page 422.
ALSO UNDER AND SUBJECT to General Notes on subdivision plan, including
condition(s) which regulate construction of certain structures within the 50 foot buffer
yard as provided in Hampden Township Zoning Ordinance, Section 1602. See General
Notes (12) as shown on the Final Subdivision Plan for Westbury - Phase I, which is
recorded in Cumberland County in Plan Book 66, Page 32.
PARCEL NO. 10-13-0993-064
PARCEL NO. 2 (5002 Carlisle Pike, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania and bounded and described as follows:
TRACT NO. 1
BEGINNING at a point in the Harrisburg-Carlisle Turnpike U.S. Route 11, 4.72
feet North of the southerly right-of-way line of said highway at the westerly line of lands
now or formerly of Guy Rupp; thence by the latter lands, South 12 degrees 16 minutes
West 310.71 feet to the stake at line of land now or formerly of the United Biscuit
Company of America; thence by the latter land, North 78 degrees West 187.45 feet to a
point on line of land now or formerly of American Equipment Company; thence by the
latter land, North 12 degrees East 308.49 feet, more or less, to a point in the Harrisburg-
Carlisle Turnpike U.S. Route 11, 4.72 feet North of the southerly right-of-way line
thereof; thence in said highway, North 78 degrees East, 189 feet to the place of
BEGINNING.
TRACT NO. 2
BEGINNING at a point 25 feet South from the centerline of U.S. Route 11 at the
line of property now or formerly of Harry S. Hodge, et ux; thence South 79 degrees 01
minutes East 92.40 feet to a point in Sporting Hill Road; thence South 00 degrees 02
minutes East 125.40 feet to a point, the line of other property now or formerly of Guy
Rupp; thence North 81 degrees 39 minutes West 119.35 feet to a stake, line or property
now or formerly of Harry S. Hodge, et ux; thence North 12 degrees 16 minutes East
128.61 feet to a point, the place of BEGINNING.
THE ABOVE two tracts of land thereon erected a restaurant building known as
Ye Olde Ale House with a mailing address of 5002 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
PARCEL NO. 10-21-0281-009
PARCEL NO.3 (104 Sporting Hill Road, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania, and bounded and described as follows:
BEGINNING at a nail in the road leading from Sporting Hill to Trindle Road at
the line of property now or formerly of Harry S. Hodges, et ux; thence South 89 degrees
51 minutes West 156.95 feet to a stake, the line of property now or formerly of said Harry
S. Hodges, et ux; thence along line of said Harry S. Hodges, et ux, North 12 degrees 16
minutes East 182.44 feet to a stake, the line of other property now or formerly of Guy
Rupp; thence along said line South 81 degrees 39 minutes East 119.35 feet to a nail in the
aforementioned public road; thence South 0 degrees 2 minutes East 160.50 feet to a point,
the place of BEGINNING.
HAVING thereon erected a frame dwelling known as 104 Sporting Hill Road,
Mechanicsburg, PA 17050..
PARCEL NO. 10-21-0281-007
BEING the same premises which Jack K. Hench and Lois A. Hench, Husband and
Wife, by their Deed dated June 30, 1999 and recorded June 30, 1999 in Cumberland
County Deed Book 202, Page 906, granted and conveyed to Jack K. Hench and Lois A.
Hench, Husband and Wife.,
Exhibit "A"
iii-rD-OFFICE
IN THE COURT OF COMMON PLEAS OF ''tl£? i I E PROTHCHO "' 4
CUMBERLAND COUNTY, PENNSYLVANIA 1011 SEP -9 Phi 1: 1
ORRSTOWN BANK, CIVIL I)M# NLAND COUNTY
PENNSYLVANIA
Plaintiff,
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
NO.: 11-5822 Civil
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Lois A. Hench
5450 Westbury Drive
Enola, PA 17025
TAKE NOTICE:
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, March 7, 2012, 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:
5450 Westbury Drive, Enola, PA 17025
5002 Carlisle Pike, Mechanicsburg, PA 17050
104 Sporting Hill Road, Mechanicsburg, PA 17050
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 11-5822 Civil
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Jack K. Hench and Lois A. Hench
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, DIV--YrF*ICIA & CONNELLY LLP
DATED: G I ? 11 1 BY:
Scott A-.-Uletterick, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania, and bounded and described as follows:
PARCEL NO. 1 (5450 Westbury Drive, Enola, PA 17025)
BEGINNING at a point which is located on the Northern right-of-way line of
Westbury Drive (60.00 feet wide), said point being located at the Southeastern corner of
Lot No. 6; then extending along the Eastern boundary line of Lot No. 6 North 42 degrees
35 minutes 15 seconds East, for a distance of 73.24 feet, to a point at the Southwestern
corner of Lot No. 7; then along the Southern boundary line of Lot No. 7 South 89 degrees
48 minutes 53 seconds East, for a distance of 42.80 feet, to a point at the Southwestern
corner of Lot No. 8; then along the Southern boundary line of Lot No. 8 and partially
along Lot No. 9 South 45 degrees 46 minutes 45 seconds East, for a distance of 75.46
feet, to a point at the Northwestern corner of Lot No. 4; then along the Western boundary
line of Lot No. 4 South 43 degrees 31 minutes 30 seconds West, for a distance of 100.01
feet, to a point on the Northern right-of-way line of Westbury Drive (60.00 feet wide);
then along said right-of-way line on the arc of a circle curving to the left having a radius
of 330.00 feet, an arc length of 4.70 feet, to a point; then along said right-of-way line
North 47 degrees 20 minutes 38 seconds West, for a distance of 100.70 feet to a point,
and the place of BEGINNING.
THIS piece, parcel or lot of land consists of approximately 10,309.61 square feet
of land, and is known and numbered as Lot No. 5 on the Final Subdivision Plan for
Westbury - Phase I, which is recorded in Cumberland County in Plan Book 66, Page 32.
UNDER AND SUBJECT TO:
(a) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions which affect the premises and are visible by
inspection of the premises.
(b) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions contained in any and all prior recorded
agreements, leases, deeds, grants and conveyances affecting the premises.
(c) The Declaration of Covenants and Restrictions which is recorded in the
Office of the Recorder of Deeds for Cumberland County in Record Book 462, Page 422.
ALSO UNDER AND SUBJECT to General Notes on subdivision plan, including
condition(s) which regulate construction of certain structures within the 50 foot buffer
yard as provided in Hampden Township Zoning Ordinance, Section 1602. See General
Notes (12) as shown on the Final Subdivision Plan for Westbury - Phase I, which is
recorded in Cumberland County in Plan Book 66, Page 32.
PARCEL NO. 10-13-0993-064
PARCEL NO. 2 (5002 Carlisle Pike, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania and bounded and described as follows:
TRACT NO. 1
BEGINNING at a point in the Harrisburg-Carlisle Turnpike U.S. Route 11, 4.72
feet North of the southerly right-of-way line of said highway at the westerly line of lands
now or formerly of Guy Rupp; thence by the latter lands, South 12 degrees 16 minutes
West 310.71 feet to the stake at line of land now or formerly of the United Biscuit
Company of America; thence by the latter land, North 78 degrees West 187.45 feet to a
point on line of land now or formerly of American Equipment Company; thence by the
latter land, North 12 degrees East 308.49 feet, more or less, to a point in the Harrisburg-
Carlisle Turnpike U.S. Route 11, 4.72 feet North of the southerly right-of-way line
thereof, thence in said highway, North 78 degrees East, 189 feet to the place of
BEGINNING.
TRACT NO. 2
BEGINNING at a point 25 feet South from the centerline of U.S. Route 11 at the
line of property now or formerly of Harry S. Hodge, et ux; thence South 79 degrees 01
minutes East 92.40 feet to a point in Sporting Hill Road; thence South 00 degrees 02
minutes East 125.40 feet to a point, the line of other property now or formerly of Guy
Rupp; thence North 81 degrees 39 minutes West 119.35 feet to a stake, line or property
now or formerly of Harry S. Hodge, et ux; thence North 12 degrees 16 minutes East
128.61 feet to a point, the place of BEGINNING.
THE ABOVE two tracts of land thereon erected a restaurant building known as
Ye Olde Ale House with a mailing address of 5002 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
PARCEL NO. 10-21-0281-009
PARCEL NO. 3 (104 Sporting Hill Road, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania, and bounded and described as follows:
BEGINNING at a nail in the road leading from Sporting Hill to Trindle Road at
the line of property now or formerly of Harry S. Hodges, et ux; thence South 89 degrees
51 minutes West 156.95 feet to a stake, the line of property now or formerly of said Harry
S. Hodges, et ux; thence along line of said Harry S. Hodges, et ux, North 12 degrees 16
minutes East 182.44 feet to a stake, the line of other property now or formerly of Guy
Rupp; thence along said line South 81 degrees 39 minutes East 119.35 feet to a nail in the
aforementioned public road; thence South 0 degrees 2 minutes East 160.50 feet to a point,
the place of BEGINNING.
HAVING thereon erected a frame dwelling known as 104 Sporting Hill Road,
Mechanicsburg, PA 17050.
PARCEL NO. 10-21-0281-007
BEING the same premises which Jack K. Hench and Lois A. Hench, Husband and
Wife, by their Deed dated June 30, 1999 and recorded June 30, 1999 in Cumberland
County Deed Book 202, Page 906, granted and conveyed to Jack K. Hench and Lois A.
Hench, Husband and Wife.,
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-5822 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s)
From JACK K. HENCH AND LOIS A. HENCH
(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 $585,157.02
Interest FROT%9/8/11 ? 4,147.29
Atty's Comm %
Atty Paid $191.50
Plaintiff Paid
Date: SEPTEMBER 9, 2011
L. L. $.50
Due Prothy $2.00
Other Costs
(Sea])
REQUESTING PARTY:
Name SCOTT A. DIETTERICK, ESQ.
Address: JAMES SMITH DIETTERICK & CONNELLY, LLP
P. O. BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Deputy
Supreme Court ID No. 55650
13y:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff, NO.: 11-5822 Civil c
vs. "?
z r7l c-- -r
_
r--
JACK K. HENCH and LOIS A. HENCH, r- o C-)
< J
Z.0
Defendants. >
ca -a _?- `
C: N v^
PRAECIPE TO SATISFY JUDGMENT ' ',
TO THE PROTHONOTARY:
Please mark the judgment filed at the above-captioned term and
Respectfully submi
JAMES,
BY:
& CONNELLY LLP
Scott 'A. enck, Esquire
PA I.D. 5 50
Attorn ey or Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
49.50 PA ATIq
at 1aa01
P'+01 &9993
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Orrstown Bank
vs.
Jack K. Hench (et al.)
Case Number
2011-5822
SHERIFF'S RETURN OF SERVICE
12/29/2011 07:55 PM. - Deputy Gerald Worthington, 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 5450 Westbury Drive, Enola, PA 17025, Cumberland County.
12/29/2011 07:58 PMI - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real
Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the
same time personally handing a true copy to a person representing themselves to be the Defendant, to
wit: Jack K. Hench at 5450 Westbury Drive, Hampden Township, Enola, Cumberland County, PA 17025.
12/29/2011 07:58 PMI - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real
Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the
same time personally handing a true copy to a person representing themselves to be Jack Hench -
husband, who accepted as "Adult Person in Charge" for Lois A. Hench at 5450 Westbury Drive, Hampden
Township, Enola, Cumberland County, PA 17025.
01/06/2012 04:13 PNI - Deputy Shawn Gutshall, 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 5002 Carlisle Pike, Mechanicsburg, Cumberland County, PA 17050.
01/06/2012 04:13 PNI - Deputy Shawn Gutshall, 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 104 Sporting Hill Road, Mechanisburg, Cumberland County, PA 17050.
01/11/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $314.10 SO ANSWERS,
January 20, 2012 RON R ANDERSON, SHERIFF
St pd-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff, NO.: 11-5822 Civil
vs.
JACK K. HENCH and LOIS A. HENCH,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
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 5450 Westbury Drive, Enola, Pennsylvania 17025-,5002 Carlisle Pike,
Mechanicsburg, Pennsylvania 17050; 104 Sporting Hill Road, Mechanicsburg,
Pennsylvania 17050:
1. Name and Address of Owner(s) or Reputed Owner(s):
JACK K. HENCH 5450 Westbury Drive
Enola, PA 17025
LOIS A. HENCH 5450 Westbury Drive
Enola, PA 17025
2. Name and Address of Defendant(s) in the Judgment:
JACK K. HENCH 5450 Westbury Drive
Enola, PA 17025
LOIS A. HENCH 5450 Westbury Drive
Enola, PA 17025
0
3
4
5
6
Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
OF!RSTOWN BANK
T a,NYA JENKINS
Plaintiff
8 Flowers Drive
Mechanicsburg, PA 17055
and
c/o William A. Addams, Esquire
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
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
Name and Address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
CURRENT OCCUPANTS - TENANTS
5002 Carlisle Pike
Mechanicsburg, PA 17050
CURRENT OCCUPANTS - TENANTS
DEPARTMENT OF REVENUE
COMMONWEALTH OF PA
104 Sporting Hill Road
Mechanicsburg, PA 17050
PA Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. Name and Address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse
RELATIONS OFFICE One Courthouse Square
Carlisle, PA 17013
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,
& CONT
TTERICK
Ci 1 -1111 -7
BY: X-ill
DATED:
Scott A. Di terick,
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I cj jS I iu(i
LEGAL DESCRIPTION
.NL,L THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township. Cumberland County, Pennsylvania, and bounded and described as follows:
PARCEL NO. 1 (5450 Westbury Drive, Enola, PA 17025)
BEGINNING at a point which is located on the Northern right-of-way line of
Westbury Drive (60.00 feet wide), said point being located at the Southeastern corner of
Lot No. 6; then extending along the Eastern boundary line of Lot No. 6 North 42 degrees
35 minutes 15 seconds East, for a distance of 73.24 feet, to a point at the Southwestern
corner of Lot No. 7; then along the Southern boundary line of Lot No. 7 South 89 degrees
48 minutes 53 seconds East, for a distance of 42.80 feet, to a point at the Southwestern
corner of Lot No. 8; then along the Southern boundary line of Lot No. 8 and partially
along Lot: No. 9 South 45 degrees 46 minutes 45 seconds East, for a distance of 75.46
feet, to a point at the Northwestern corner of Lot No. 4; then along the Western boundary
line of Lot: No. 4 South 43 degrees 31 minutes 30 seconds West, for a distance of 100.01
feet, to a point on the Northern right-of-way line of Westbury Drive (60.00 feet wide);
then along; said right-of-way line on the arc of a circle curving to the left having a radius
of 330.00 feet, an arc length of 4.70 feet, to a point:, then along said right-of-way line
North 47 degrees 20 minutes 38 seconds West, for a distance of 100.70 feet to a point,
and the place of BEGINNING.
THIS piece, parcel or lot of land consists of approximately 10,309.61 square feet
of land. and is known and numbered as Lot No. 5 on the Final Subdivision Plan for
Westbury - Phase I, which is recorded in Cumberland County in Plan Book 66, Page 32.
UNDER AND SUBJECT TO:
(a) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions which affect the premises and are visible by
inspection of the premises.
(b) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions contained in any and all prior recorded
agreements, leases, deeds, grants and conveyances affecting the premises.
(c) The Declaration of Covenants and Restrictions which is recorded in the
Office of the Recorder of Deeds for Cumberland County in Record Book 462, Page 422.
.A.LSO UNDER AND SUBJECT to General Notes on subdivision plan, including
condition(s) which regulate construction of certain structures within the 50 foot buffer
yard as provided in Hampden Township Zoning Ordinance, Section 1602. See General
Notes (12) as shown on the Final Subdivision Plan for Westbury - Phase I, which is
recorded in Cumberland County in Plan Book 66, Page 32.
PARCEL NO. 10-13-0993-064
PARCEL NO. 2 (5002 Carlisle Pike, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania and bounded and described as follows:
TRACT NO. 1
BEGINNING at a point in the Harrisburg-Carlisle Turnpike U.S. Route 11, 4.72
feet North of the southerly right-of-way line of said highway at the westerly line of lands
now or formerly of Guy Rupp; thence by the latter lands, South 12 degrees 16 minutes
West 310.71 feet to the stake at line of land now or formerly of the United Biscuit
Company of America; thence by the latter land, North 78 degrees West 187.45 feet to a
point on line of land now or formerly of American Equipment Company; thence by the
latter land., North 12 degrees East 308.49 feet, more or less, to a point in the Harrisburg-
Carlisle Turnpike U.S. Route 11, 4.72 feet North of the southerly right-of-way line
thereof; thence in said highway, North 78 degrees East, 189 feet to the place of
BEGINNING.
TRACT NO. 2
BEGINNING at a point 25 feet South from the centerline of U.S. Route 11 at the
line of property now or formerly of Harry S. Hodge, et ux; thence South 79 degrees 01
minutes East 92.40 feet to a point in Sporting Hill Road; thence South 00 degrees 02
minutes East 125.40 feet to a point, the line of other property now or formerly of Guy
Rupp; thence North 81 degrees 39 minutes West 119.35 feet to a stake, line or property
now or formerly of Harry S. Hodge, et ux; thence North 12 degrees 16 minutes East
128.61 feet to a point, the place of BEGINNING.
THE ABOVE two tracts of land thereon erected a restaurant building known as
Ye Olde Ale House with a mailing address of 5002 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050.
PARCEL NO. 10-21-0281-009
PARCEL NO.3 (104 Sporting Hill Road, Mechanicsburg, PA 17050)
ALL THOSE CERTAIN pieces, parcels or lots of land situate in Hampden
Township, Cumberland County, Pennsylvania, and bounded and described as follows:
BEGINNING at a nail in the road leading fi-om Sporting Hill to Trindle Road at
the line of property now or formerly of Harry S. Hodges, et ux; thence South 89 degrees
51 minutes West 156.95 feet to a stake, the line of property now or formerly of said Harry
S. Hodges, et ux; thence along line of said Harry S. Hodges, et ux, North 12 degrees 16
minutes East 182.44 feet to a stake, the line of other property now or formerly of Guy
Rupp; thence along said line South 81 degrees 39 minutes East 119.35 feet to a nail in the
aforementioned public road; thence South 0 degrees 2 minutes East 160.50 feet to a point,
the place of BEGINNING.
HAVING thereon erected a frame dwelling known as 104 Sporting Hill Road,
Mechanicsburg, PA 17050.
PARCEL NO. 10-21-0281-007
BEING the same premises which Jack K. Hench and Lois A. Hench, Husband and
Wife, by :heir Deed dated June 30, 1999 and recorded June 30, 1999 in Cumberland
County Deed Book 202, Page 906, granted and conveyed to Jack K. Hench and Lois A.
Hench, Husband and Wife.,
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-5822 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s)
From JACK K. HENCH AND LOIS A. HENCH
(1) Yoi? 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 5585,157.02
Interest FROM 9/8/11 T 524,147.29e?
Atty's Comm %
Atty Paid $191.50
Plaintif'Paid
Date: SEPTEMBER 9, 2011
(Seal)
REQUESTING PARTY:
Name SCOTT A. DIETTERICK, ESQ.
L.L. 5.50
Due Prothy 52.00
Other Costs
Address:,JAMES SMITH DIETTERICK & CONNELLY, LLP
I', O. BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Supreme Court ID No. 55650
I RUE CO- PY FROM RECORD
In Tesiirnony wherEof, I here unto set my hand
and the s I of said CeJrt at Carh?51e, Pa.
This_ day of 20 (j
y?Protho otary
C
On November 2, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA,
Known and numbered as, 5450 Westbury Drive,
Enola, 5002 Carlisle Pike, Mechanicsburg,
And 104 Sporting Hill Road, Mechanicsburg
more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date November 2, 2011
By:
ct
Real Estate Coordinator