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HomeMy WebLinkAbout12-2971 ORRSTOWN BANK • IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET • CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 : Plaintiff v. • NO. 2012- 2971 CIVIL TERM • JULIE A. CHARLES 62 SOUTH HIGH STREET • MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant PRAECIPE TO REASSESS DAMAGES TO THE PROTHONOTARY: Please reassess Plaintiff's damages in the above-captioned matter against Defendant, Julie A. Charles as follows: Principal $431,307.47 Interest to 09/27/13 $ 38,700.00 (per diem of$59.90) Secondary interest $ 6,757.94 s �; t Late charges $ 5,004.38 �"'- --; Other charges $ 33,036.48 om TOTAL: $514,806.27 fir,` --a < ,.t Respectfully submitted, , : - '. CSC 'aRLLC /// David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 eds4 '244? 963.0/ A/07Pce 149/,o/ CERTIFICATE OF SERVICE • I hereby certify that on October 2, 2013, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe To Reassess Damages, by first class U.S. mail,postage prepaid, to the parties listed below, as follows: Lee Oesterling, Esquire Julie A. Charles 503 Bridge Street, Suite 212 125 Hill Lane New Cumberland, Pennsylvania 17070 Newville, Pennsylvania 17241 \k"°‘ David A. Baric, Esquire ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff v. NO. 2012- aQ'71 CIVIL TERM JULIE A. CHARLES ^ 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE ~? u 1.J l t -rye: NEWVILLE, PA 17241, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that ifs .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 vou. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR. CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SO *WS.75 A0AT7y Ctf /Rg5D P,*- of 75/? ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JULIE A. CHARLES 62 SOUTH HIGH STREET NEW'VILLE, PA 17241, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- CIVIL TERM MORTGAGE FORECLOSURE COMPLAINT NOW`, comes Plaintiff Orrstown Bank ("Orrstown") by and through its attorneys, Baric Scherer LLC, and files the within Complaint and, in support thereof, sets forth the following: The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant. Julie A. Charles, is an adult individual residing at 62 South High Street, Newville, Cumberland County, Pennsylvania 17241. 3. By Deed dated January 19, 2006, Zane R. Highlands and Vicki L. Highlands, conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Julie V Charles. This Deed was recorded in the Cumberland County Record Book 272, Page 441; et ,Wq.. all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 125 Hill Lane, 75 Hill Lane and 98 Hill Lane, Newville, Cumberland County, Pennsylvania 17241. 4. On or about January 19, 2006, Julie A. Charles as Mortgagor, made, executed and delivered a written Promissory Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A." This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds for Cumberland County on January 24, 2006, at Cumberland County Record Book 1938, Page 1247, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 5. A true and correct copy of the aforesaid Promissory Note is attached hereto and made a part hereof as Exhibit " B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 6. Defendant sold the real property known as 75 Hill Lane, Newville, Pennsylvania. 7. Proceeds from the sale of 75 Hill Lane were applied against the loan obligation and Defendant. 8. Defendant sold the real property known as 125 Hill Lane, Newville, Pennsylvania. 9. Proceeds from the sale of 125 Hill Lane were applied against the loan obligation and Defendant and Orrstown entered into a Change In Terms Agreement dated December 27, 2010. A true and correct copy of the Change In Terms Agreement is attached hereto as Exhibit ..1) 10. Defendant has defaulted under the terms and conditions of the Mortgage, Promissory Note and Change In Terms Agreement by failing to make payment for the month of September, 2011, and every month thereafter. H. Defendant is the present record owner of the premises described in Exhibit "A" and is the real owner of the premises, excepting, however, that portion of the premises known as 75 and 125 Hill Lane, Newville, Cumberland County, Pennsylvania. 12. Plaintiff served Notice of Plaintiffs Intention To Foreclose on the real estate of Defendant via certified mail and certificate of mailing on December 14, 2011. 13. Attached hereto and marked as Exhibit "E" is a true and correct copy of the combined Act 6 and Act 91 Notice. 14 Under the terms of the Mortgage and Promissory Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Promissory Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note obligations shall become due and payable immediately at the declaration of Mortgagee. 15. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 16. The Promissory Note and Mortgage permit Plaintiff to recover its attorney fees and costs. 17. The following amounts are presently due on the said Mortgage and Promissory Note calculated to January 23, 2012: Principal $457,766.31 Interest to 01/23/12 $ 2,969.88 (per diem of $61.87) Late Charges $ 1,421.58 Other Charges $ 1,134.75 Attorney fees $ 22,888.32 (to sheriff's sale set by Plaintiff as 5% of principal debt for this Complaint) TOTAL: $486,180.84 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $486,180.84 plus interest thereafter at the contract per diem from January 23, 2012, and costs, attorney fees and expenses against Defendant, Mortgagor and real owner and seeks foreclosure and Sheriff s Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, BARIC SCHERER LLC r r David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank VERIFICATION The statements in the foregoing Complaint are based upon information that has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information that I have given to my counsel, they are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. DATE: Terry W. Millef Senior Vice-President Orrstown Bank After recording return tcl: ` Midstate Abstract S\ 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 c"1`3 JHN 24 P(n T3& I S D E E D MADE THIS day of V 0-k-U&-t- _ in the year of our Lord two thousand j and six (2006). BETWEEN ZANE R. HIGHLANDS and VICKI L. HIGHLANDS, husband and wife, of Cumberland County, Pennsylvania, hereinafter referred to as Grantors AND JULIE A. CHARLES, a single woman of Cumberland County, Pennsylvania, hereinafter referred to as Grantee WITNESSETH, that for and in consideration of the sum of ONE MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS ($1,650,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey, in fee simple to the said Grantee, her heirs and assigns, TRACT #I ALL THAT CERTAIN tract of land located in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the State Road by comer of lands formerly of H.J. Fry, now or formerly of George Ginter; thence by said road, North 09 degrees East, 92.5 perches to comer of lands formerly of Jhon Barrick, now or formerly of Lucy Barrick; thence North 65'/4 degrees East, 24 perches to a point; thence North 813/4 degrees East, 80 perches to a point at corner of lands formerly of Joseph Salisbury, now or formerly of Lehman J. Hurley; thence South 47;/4 degrees East, 105 perches to a point; thence South 40'/2 degrees West, 12.1 perches to a stone; thence South 481/4 degrees East, 29.2 perches to a corner of lands of W.H. McCrea Estate; thence South 443/4 degrees West, 18 perches to a point; thence South 32'/4 degrees West, 38.5 perches to a point; thence North 52'/z degrees West, 47 perches to a point; thence South 363/4 degrees West, 64 perches to a stone in the public road leading to Bloserville; thence by said road and line of lands now or formerly of W.H. McCrea Estate, North 521/4 degrees West, 31.8 perches to a post; thence North 77 degrees West, 24.3 perches to a post; thence North 791/2 degrees West, 32.3 perches to a stone, formerly a white oak; thence by lands formerly of H.J. Fry, now or formerly of George Ginter, North 133/4 degrees West, 22.4 perches to a stone, formerly a white oak; thence North 86 degrees West, I l .5 perches to a point in the State Road, the Place of BEGINNING BOOK 272 PACE W WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 EXHIBIT "A" EXCEPTING and reserving therefrom three (3) lots or parcels of land as follows: 1. Lot sold to H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated May 3, 1944, and recorded in Cumberland County Deed Book "V" Volume 12, Page 59. 2. Lot sold to H.A. Hoover and Iva M. Hoover. husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated December 1, 1945, and recorded in Cumberland County Deed Book "I", Volume 13, Page 510. 3. All that certain tract of land with an aluminum siding ranch house and adjoining garage thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision survey prepared by Eugene A. Hockensmith, P.L.S., which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68, as follows: BEGINNING at a railroad spike in the centerline of L.R. 21082 at the southeast corner of lands now or formerly of George F. Ginter, et ux., which railroad spike is located 339.16 feet in an easterly direction along the centerline of L.R. 21082 from the intersection of the centerlines of L.R. 21082 and Pennsylvania Route No. 233; thence from the Point of Beginning and running along the lands now or formerly of George F. Ginter, et ux., the following two (2) courses and distances: (1) North 18 degrees 29 minutes 09 seconds West a distance of 27.11 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and (2) North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux., North 18 degrees 29 minutes 09 seconds West a distance of 182.41 feet to an iron pin; thence along lands, of which this lot wag formerly a part, about to be conveyed to Zane R. Highlands, the following five (5) courses and distances: (1) North 74 degrees 49 minutes 19 seconds East a distance of 243.50 feet to an iron pin; (2) South 53 degrees 24 minutes 51 seconds East a distance of 39.05 feet to an iron. pin; (3) South 16 degrees 07 minutes 16 seconds West a distance of 288.48 feet to an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of 31.16 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and (5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a railroad spike in the centerline of L.R. 21082; thence along the centerline of L.R. 21082 and a lot now or formerly of Walter G. Derr, et ux., North 85 degrees. 44 minutes 00 seconds West a distance of 7.00 feet to a P.K. Nail, thence continuing along the centerline of L.R. 21082 and lands now or formerly of Nonnan L. Reinford, Jr. et ux., North 85 degrees 44 minutes 00 seconds West ,a distance of 59.18 feet to a railroad spike, the Place of BEGINNING. CONTAINING a total area of 1.2860 Acres. eoox 272 PACE4414 WEIGLE & ASSOCIATES. PC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SNIPPENSBURG. PA 17257-1397 SUBJECT to a 25 foot wide strip of land at the south end of the above-described lot which has been dedicated as a right-of-way for highway and utility purposes. BEING all of Lot No. 2 on the aforesaid subdivision plan, which is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68. LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is retained by Margaret R. Moore and is improved with an aluminum siding ranch house and block and frame ;garage with mailing address of R. D. #3 Box 2184, Newville, Pennsylvania 17241. THE LAND herein conveyed exclusive of the three (3) lots or parcels of land excepted and reserved; is all of a tract of land shown as No. 1 on said Final Subdivision Plan for Margaret R. Moore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on which there is erected a dwelling house, barn and other improvements with mailing address of R. D. #3, Box 2192, Newville, Pennsylvania 17241. BEING the same real estate which Margaret R. Moore, widow, by Deed dated March 12, 1987, and recorded in the Office of the Recorder of Deeds in the for Cumberland County, Pennsylvania, in Deed Book N-32, Page 713, conveyed to Zane R. Highlands and Vicki L. Highlands, Grantors herein. THE WITHIN conveyance is made under and subject, nevertheless, to building and use restrictions of record and to easements visible or of record. TRACT #:2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the Land Subdivision for Iris McCrea as prepared by Samuel David Rynyon, R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 67, as follows, to wit: BEGINNING at a railroad spike set in S.R. 233 at the northwest corner of land now or formerly of Spencer A. Stamy; thence in said S.R. 233 along lands now or formerly of Joseph S. Blessing and lands now or formerly of Mary A. Salisbury, North nine (09) degrees thirty-two (32) minutes forty-seven (47) seconds East, one hundred eighty-eight and thirty-seven hundredths (188.37) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Duble, North nine (09) degrees twenty-four (24) minutes forty-one (41) seconds East, three hundred sixty-nine and sixty-seven hundredths (369.67) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly or Richard C. Johnson and Nancy B. Johnson, North nine (09) degrees fifty-two (52) minutes fifty-three (53) seconds East, one hundred twenty-one and wK 272 PAG Ui5 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ninety-six hundredths (121.96) feet to a railroad spike set; thence along same, North twelve (12) degrees thirty-six (36) minutes twenty-four (24) seconds East, one: hundred fifty and zero hundredths (150.00) feet to a railroad spike set; thence in said S.R. 233 and along Lot #1 on the above-referenced plan, North eighteen (18) degrees five (05) minutes twenty-six (26) seconds East, two hundred twenty- six and thirty-five hundredths (226.35) feet to a railroad spike set; thence by said Lot No. #1 the following eight courses and distances; North eighty-six (86) degrees thirty (30) minutes fifty-eight (58) seconds East, five hundred eighteen and eight hundredths (518.98) feet to an iron pin set; North seventy-seven (77) degrees thirty- one (31) minutes fifty-five (55) seconds East, eighty-six and twenty-six hundredths (86.26) feet to an iron pin set; North sixty-five (65) degrees forty-two (42) minutes twenty-six (26) seconds East, sixty-six and twenty-two hundredths (66.22) feet to an iron pin set; North sixty-two (62) degrees twenty-four (24) minutes fifty-six (56') seconds East, three hundred eighty and forty-nine hundredths (380.49) feet to an. iron pin set; North fifty (50) degrees thirteen (13) minutes twenty (20) seconds East, one hundred sixty-six and thirty-one hundredths (166.31) feet to an iron pin set; North fourteen (14) degrees twenty-nine (29) minutes fifty (50) seconds West, four hundred ten and twenty hundredths (410.20) feet to an existing post; North eighty (80) degrees thirty-seven (37) minutes twenty-fiv (25) seconds East, eighty- seven and zero hundredths (87.00) feet to an iron pin set; North six (06) degrees ten (10) minutes three (03) seconds West, three hundred forty-five and ninety-nine hundredths (345.99) feet to an iron pin set at stones; thence along lands now or formerly of Franklin A. Oiler the following seventeen courses and distances: South fifty (50) degrees fifty-five (55) minutes twenty-eight (28) seconds East, one hundred thirty-seven and twenty-four hundredths (137.24) feet to an existing stone pile; South seventy-seven (77) degrees fifty-three (53) minutes fifteen (15) seconds East, three hundred sixty-three and one hundredths (363.01) feet to a point; North sixty-two (62) degrees forty-three (43) minutes thirty-five (35) seconds East, one hundred and forty-two hundredths (142.00) feet to a point; North thirty-nine (39) degrees five (05) minutes thirteen (13) seconds East, one hundred nine and ten hundredths (109.10) feet to a point, North sixty-eight (68) degrees twenty-four (24) minutes fifteen (15) seconds East, seventy-two and eighteen hundredths (72.18) feet: to a point; North eighty-four (84) degrees twenty-five (25) minutes fifty (50) seconds East, fifty-four and twenty-five hundredths (54.25) feet to a point; North sixty-one (61) degrees thirty-eight (38) minutes fifty-two (52) seconds East, one hundred twenty-four and eight hundredths (124.08) feet to a point; North eighty- seven (87) degrees nineteen (19) minutes eighteen (18) seconds East, forty-one and seventy-eight hundredths (41.78) feet to a point; North seventy-two (72) degrees thirty-one (31) minutes twenty-eight seconds East, three hundred thirty-seven and twenty-two hundredths (337,22) feet to a point; North forty (40) degrees twelve (12) minutes thirty (30) seconds East, fifty and eighty-two hundredths (50.82) feet to a point; North seventy-two (72) degrees twenty (20) minutes twenty-six (26) seconds East, one hundred six and sixty hundredths (106.60) feet to an existing stone pile, North twenty-nine (29) degrees thirty-nine (39) minutes thirty-two (32) bou 272 PAGUE44S WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17:857-1397 I. --- ____ __ seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a point; south eighty-eight (88) degrees thirty-five (35) minutes thirty-two (32) seconds East, fourteen and eighty-four hundredths (14.84) feet to an existing iron pin set at stone; North thirty-one (31) degrees one (01) minute thirty-seven (37) seconds East, one hundred sixty-five and zero hundredths (165.00) feet to an existing iron pin set at stones; North seventy-nine (79) degrees one (01) minute thirty-seven (37) seconds East, one hundred forty-eight and fifty hundredths (146.50) feet to an existing iron pin at stones; South twenty-six (26) degrees thirteen (13) minutes twenty-three (23) seconds East, one hundred ninety-eight and zero hundredths (198.00) feet to an existing post; North seventy-nine (79) degrees thirty-five (35) minutes twenty-six (26) seconds East, one thousand seventy-one and ninety-six hundredths (1,071.96) feet to an existing iron pin at stones; thence along lands now or formerly of Grove Brother Lumber Co., South twenty-eight (28) degrees forty-eight (48) minutes fifty-three (53) seconds East, one thousand twenty-seven and eight-four hundreds (1,027.84) feet to an iron pin set at stones; thence along lands now or formerly of Andrew M. McCrea, South two (02) degrees fifty-five (55) minutes forty-five (45) seconds East, one thousand seventy-two and fifty-seven hundredths (1,072.57) feet to an iron pin set at stones; thence along same, South eighty-two (82) degrees forty (40) minutes forty-one (41) seconds West, two thousand two hundred eighty-two and twenty-two hundredths (2,282.22) feet to an existing stone pile; thence along same, South eighty-one (81) degrees fifty-three (53) minutes two (02) seconds West, seven hundred forty-seven and eighty-seven hundredths (747.87) feet to an existing post; thence along lands now or formerly of Zane Highlands, South eighty-two (82) degrees fifteen (15) minutes fifty-five (55) seconds West, one thousand two hundred ninety-five and ninety- three hundredths (1,295.93) feet to an iron pin set at stones; thence along same and lands now or formerly of Spencer A. Stamy, South sixty-five (65) degrees twelve (12) minutes thirteen (13) seconds West, four hundred six and ninety-nine hundredths (406.99) feet to a railroad spike set, the place of BEGINNING. BEING Lot No. #2 on the Land Subdivision for his McCrea and containing 165.7265 acres net area. BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June 19, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "A," Volume 23, Page 124, unto Zane R. Highlands and Vicki L. Highlands, the Grantors herein. AND BEING the same which Zane R. Highlands and Vicki L. Highlands, husband and wife, by deed dated April 1, 1996 and recorded in Cumberland County Deed Book 137 at Page 170, conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in-Common, each to an undivided one-half (1/2) interest, Grantors herein. BOOK 272 PAC1440 WEIGLE 6, ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Tract 2 herein is subject to rights of the Grantors, their heirs and assigns to use Private Right-of-Wray A and Private Right-of-Way B as more fully shown and described in Cumberland County Plan Book 91, Page 94, for ingress, egress and regress to and from other real estate retained Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A private Right-of Way Agreement will be recorded simultaneously herewith. And the said Grantors hereby covenants and agrees that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of ANE R. H G ANDS L L CKI L. HIGHLA DS -1 .9P mb?r,hr'r? m n rPi ;pr 797 M MU XO 00 Cn -4 r a o~o?o i?i?? Z2 ?A tax y ? x _ ? m ao C_n r? Cil 0 c-? ? i.l1 CJI O C.J ????wrvo aoa r a C???50 pfiTORNEYS AT O W C'7 c a e -c n =A C. a Iv .r n 0 N• a ..r m .0 0 H ?•r a °a a k-60 272 PAV44 8 126 EAST KING STREET - SHIPPENSOURG. PA 17257-1397 COMMOINNVEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the 1, 4-`-day of dOLKtLot-P , 2006, before me, a Notary Public in and for said County and State, the undersign 4d officer, personally appeared Zane R. Highlands and Vicki L. Highlands, known to me (or satisfactorily proven) to be the persons whose names subscribed to the within instrument, and acknowledged that they executed the same for the purposes herein contained. IN 'WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public NMW Seal CWV Hr180M, C'" ftd 0001* M, Wn jwm Ex0M Ju e M 2= Mambff. ? ?p21106A nOfNofalra 1 kK? I do hereby certify that the complete post office address of the within named Grantee is Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Attorney for Grantee : SS RECORDED on this day of , A.D. 2006, in the Recorder's Office of said County, in Deed Book , at Page poor, 272 Pn E44 9 I Certify this to be recorded In Cu~JM County PA 1`` ?? t41 =rt d -- Rc i r nt T?- -. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular ]can or item. Anv irem above containing -*- has been omitted due to text lenqth limitations. Principal Amount: $850,000.00 Date of Note: January 19, 2006 Maturity Date: January 19, 2026 PROMISE TO PAY. Julie A. Charles ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Eight Hundred Fifty Thousand & 00/100 Dollars ($850,000.00), together with interest on the unpaid principal balance from January 19, 2006, until paid in full. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of $7,036.17 each, beginning February 19, 2006, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.750% per annum; and 180 monthly consecutive principal and interest payments in the initial amount of $ 7,254.32 each, beginning February 19, 2011, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 7.250%), plus a margin of 1.000%, resulting in an initial interest rate of 8.250%. Borrower's final payment will be due on January 19, 2026 and will be _for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. 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 60 payments, the interest rate on this Note will be 7.750%. 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 7.250% 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. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five (5) years, the Borrower shall be assessed against the amount prepaid, a five percent (5.00%) 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 ?., 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, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a paymen, is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, mav, if permitted under applicable law, increase the variable interest rate on this Note to 4.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the follovving 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 w becomes false or misleading at any time thereafter. EXHIBIT "B" Borrower: Julie A. Charles (SSN: 003-56-2258) Lender: ORRSTOWN BANK 125 Hill Lane STONEHEDGE OFFICE Newville, PA 17241 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 PROMISSORY NOTE Loan No: 26470259001 (Continued) Page 2 Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, :he insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower, Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor 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 :he prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by aw. 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 •ights provided in this paragraph. 'OLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (Al a Mortgage dated January 19, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. 5ROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further nformation concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are herebv incorporated and made a part of this Note. 'INANCIAL 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 eceive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to ncrease the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender ncreasing the interest rate charged on this Note. ;UCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, ;uccessors and assigns, and shall inure to the benefit of Lender and its successors and assigns. dOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate nformation about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to is at the following address: ORRSTOWN BANK, STONEHEDGE OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257. ;ENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude .ender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the dote. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person vho signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. lpon 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 upor or perfect Lender's ecurity interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such rarties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification s 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 vill not affect the enforceability of any other provisions of this Note. ;ONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE 'ROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME OR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT kGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND PROMISSORY NOTE Loan No: 26470259001 (Continued) Page 3 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 05001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER X...i (Seal) lie A. Cha es LAGER RtQ 1,-djpO, Va. 6.79.99.99 Capl --d F.'--i i 6olutian,. Inc. 199]. 7096. All Rigl- R-W. - PA Q:%CF11Pl1920.FC M. 11999 M-1 Parcel Identification Number: RECORDATION REQUESTED BY: ORRSTOWN BANK STONEHEDGE OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORD MAIL TO: ORRSTO BANK STON EDGE OFFICE 77 ST KING STREET P BOX 250 HIPPENS13URG. PA 17257 Arter , acording return to Nlidstate Abstract 7331 Market Street Camp Hill, PA 17011 (717) 76?3?--1383 FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: $850,000.00 THIS MORTGAGE dated January 19, 2006, is made and executed between Julie A. Charles, whose address is 125 Hill Lane, Newville, PA 17241 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257 [referred to below as "Lander"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See attached The Real Property or its address is commonly known as 125 Hill Lane and 75 & 98 Hill Lane, Newville, PA 17241. CROSS -COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined„absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $850,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141 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 skal! be govcrrad by the `ct!a%-Jng P.o:iza; z: Possession and Use. Until the occurrence of an Event of Default, Grantor may i') remain in possession and control of the Property; (2) use, operate or manage the Property: and (31 collect the Rents from 'he 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, (bi 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 any actual or EXHIBIT "Crt 8K 1938PG 1247 MORTGAGE (Continued) Page 2 threatened litigation or claims of any kind by any person relating to such matters; and (31 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 'seal 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 or Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payaole all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest In the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done an or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 117) 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 Prnnerty. 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, inaterialmen'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 r. ost 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 8I( 1938PG 1948 1 MORTGAGE (Continued) Page 3 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 Leader 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 andl 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: ia) 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 -epresented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to -ender 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 not proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to iovernmental taxes. fees and charees are a part of this Mortoaee: MORTGAGE (Continued) Page 4 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 an all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as :I security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lander 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 Idebtor) and Lender (secured party) from which inrormation 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 (t) 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, -ender 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 oerforms 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 _vent 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 tima 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 of furnished or becomes false or misleading at any time thereafter. Defective Callateralization. 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 BK 1938PG 1250 MORTGAGE (Continued) Page 5 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 ,inder, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity, Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 115) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise arty one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and ;ollect 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 fcr 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 ;n all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest Iin 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 i3roperty 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 -,ha Farsrnsi 'roparty ray 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 3rantor'a failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing :nder this Morteaoe or otherwise shall be construed so as to limit or restrmt the -ht, ar,rt rPr.,Prii- a-aahi,. - MORTGAGE (Continued) Page 6 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. 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. Severabidty. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of 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, personai 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 Julie A. Charles and includes all co-signers and co makers a+gning the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage ',n the section titled "Default" Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"j, 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, 4Z-%".S.C. Section 6901, at seq., or other applicable state or federal aws, rules, or regulations adopted pursuant thereto. Event of Default. The wcrds "E%-nt of Default" ,-jean any cif the :;ants of default sct fort{[ In this Morr'.gage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Julie A. Charles. Guarantor. The word "Guarantor" means any guarantor, surety, ar accommodation party of any or ad of the indebtedness. Guaranty. The word "Guaranty" means the guaranty from 3uarantor to Lender, including wnhout limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances' mean materials that, because of 'heir 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 QK 1938PG 1252 MORTGAGE (Continued) Page 7 include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest an such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lander. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated January 19, 2006, in the original principal amount of $850,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is January 19, 2026. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter 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 premiumsl 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 oenefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR. /j (Seal) e . 1, arles -e Si cknowledged and delivered in the presence of: X/ Witness CERTIFICATE OF RESIDENCE i nereby certify, chat the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: STONEHEDGE OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPEN U , PA 17257 ttorney or Agent for Mortgagee MORTGAGE (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA )SS COUNTY OF Qn this, the day of 20 J , before me U7rr/eL _ . i,enf\P(`nCn, the undersigned Notary Public, personally appeared Julie A. Charles, known to mnr satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged thathe or she executed the same for the purposes therein contained. In witness whereof,) hereunto set my hand and official se r Notarial Seal Deborah L. Brenneman, NotaryPtftary Public in and for the State r i Camp Hill Boro, Cumberland Courtly My Carrxnission Exires June 18, 2006 e Member, Pennsylvania Assom7lion Of Notaries r g? I BX 1933PG 1254 TRACT' # 1 ALL THAT CERTAIN tract of land located in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the State Road by corner of lands formerly of H.J. Fry, now or formerly of George Ginter; thence by said road, North 09 degrees East, 92.5 perches to corner of lands formerly of Jhon Barrick, now or formerly of Lucy Barrick; thence North 65% degrees East, 24 perches to a point; thence North 813/4 degrees East, 80 perches to a point at corner of lands formerly of Joseph Salisbury, now or formerly of Lehman J. Hurley; thence South 471'/ degrees East, 105 perches to a point; thence South 40'/2 degrees West, 12.1 perches to a stone; thence South 48'/4 degrees East, 29.2 perches to a comer of lands o;` W.H. McCrea Estate; thence South 441/4 degrees West, 18 perches to a point; thence; South 323/4 degrees West, 38.5 perches to a point; thence North 521/. degrees West, 47 perches to a point; thence South 36'/4 degrees West, 64 perches to a stone in the public road leading to Bloserville; thence by said road and line of lands now or formerly of W.H. McCrea Estate, North 521/4 degrees West, 31.8 perches to a post; thence North 77 degrees West, 24.3 perches to a post; thence North 791/. degrees West, 32.3 perches to a stone, formerly a white oak; thence by lands formerly of H.J. Fry, now or formerly of George Ginter, North 133/4 degrees West. 22.4 perches to a stone, formerly a white oak; thence North 86 degrees West. 1 1 5 perches to a point in the State Road, the Place of BEGINNING RI938PG1'?Sg EXCEPTING and reserving therefrom three (3) lots or parcels of land as follows: Lot sold to H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated May 3, 1944, and recorded in Cumberland County Deed Book "V" Volume 12, Page 59. _,. Lot sold to H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and. Myrtle Caroline Smith, husband and wife, dated December 1, 1945, and recorded in Cumberland County Deed Book "I", Volume 1.3, Page 510. ti :ill that certain tract of land with an aluminum siding ranch house and adjoining garage thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision survey prepared by Eugene A. Hoci{ensmith, P.L.S., which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68, as follows: BEGINNING at a railroad spike in the centerline of L.R. 21082 at the southeast corner of lands now or formerly of George F. Ginter, et ux., which railroad spike is located 339.16 feet in an easterly direction along the centerline --If L.R. 21082 from the intersection of the centerlines of L.R. 21082 and Pennsylvania Route No. 233; thence from the Point of Beginning and running along the lands now or formerly of George F. Ginter, et ux., the following two (2) courses and distances: (1) North 18 degrees 29 minutes 09 seconds West a distance of 27.: '. feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and (2) North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux., North 18 degrees 29 minutes 09 seconds West a distance of 182.41 feet to an iron pin; thence along lands, of which this lot was formerly a part, about to be conveyed to Zane R. Highlands, the following five (5) courses and distances: (1) North 4 degrees 49 minutes 19 seconds East a distance of 243.50 feet to an iron pi:n; (2) South 53 degrees 24 minutes 51 seconds East a distance of 39.05 feet to an irc:n pin; (3) South 16 degrees 07 minutes 16 seconds West a distance of 288.48 feet to an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of 31.' 6 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and (5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a railroad spike in the centerline of L.R. 21082; thence along the centerline of L.?. 21082 and a lot now or formerly of Walter G. Derr, et ux., North 85 degrees, 44 minutes 00 seconds West a distance of 7.00 feet to a P.K. Nail, then:;e continuing along the centerline of L.R. 21082 and lands now or formerly _)f Norman L. Reinford, Jr. et ux., North 85 degrees 44 minutes 00 seconds West a distance of 59.18 feet to a railroad spike, the Place of BEGINNING. CONTAINING a total area of 1.2860 Acres. BK 1938PG 1256 --, c c _'?cnr?ATFq PC - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 1"7257-1397 SUBJECT to a 25 foot wide strip of land at the south end of the above-described of which has been dedicated as a right-of-way for highway and utility purposes. BEING all of Lot No. 2 on the aforesaid subdivision plan, which is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68. LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is retained by Margaret R. Moore and is improved with an aluminum siding ranch house anal block and frame garage with mailing address of R.D. 93 Box 2184, Newville, Pennsylvania 17241. THE LAND herein conveyed exclusive of the three (3) lots or parcels of land excepted and reserved; is all of a tract of land shown as No. 1 on said Final Subdivision Plan for Margaret R. vl.oore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on which there is erected a dwelling house, barn and other improvements with mailing address of R D. #3, Box: 2192, Newville, Pennsylvania 17241. BEING the same real estate which Margaret R. Moore, widow, by Deed dated March 12, 1987, and recorded in the Office of the Recorder of Deeds in the for Cumberland County, Pennsylvania., in Deed Book N-32, Page 713, conveyed to Zane R.. Highlands and Vicki L. Highlands; Grantors herein. THE WITHIN conveyance is made under and subject, nevertheless, to building and use restnctions of record and to easements visible or of record. TRACT #2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the Land Subdivision for Iris McCrea as prepared by Samuel David Rynyon, R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 67, as follows, to wit: BEGINNING at a railroad spike set in S.R. 233 at the northwest corner of land now or formerly of Spencer A. Stamy; thence in said S.R. 233 along land:,; now or formerly of Joseph S. Blessing and lands now or formerly of Mary A. Salisbury, North nine (09) degrees thirty-two (32) minutes forty-seven (47) seconds East, one hundred eighty-eight and thirty-seven hundredths (188.37) feet: to an existing nail and washer; thence in said S.R. 233 and along lands now or former:'.), of Richard C. Duble, North nine (09) degrees twenty-four (24) minutes forty-orit (41) seconds East, three hundred sixty-nine and sixty-seven hundredths (369.67) feet to an existing nail and washer; thence in said S.R. 233 and along lands now Dr formerly or Richard C. Johnson and Nancy B. Johnson, North nine (09) degrees fifty-two (52) minutes fifty-three (53) seconds East, one hundred twenty--one and '1K 1938PG 1 251 --------- ^- nr 1 11ni - i7? GAIT KINr GTR FFT - CI-1IDOCnICnIiF]f? 0? 1711. '1_iaa7 ninety-six hundredths (121.96) feet to a railroad spike set; thence along same, North twelve (12) degrees thirty-six (36) minutes twenty-four (24) seconds East, one hundred fifty and zero hundredths (150.00) feet to a railroad spike set; thence in said S.R. 233 and along Lot #1 on the above-referenced plan, North eighteen (18) degrees five (05) minutes twenty-six (26) seconds East, two hundred twenty- six and thirty-five hundredths (226.35) feet to a railroad spike set; thence by said Lot No. #1 the following eight courses and distances; North eighty-six (86) degrees thirty (30) minutes fifty-eight (58) seconds East, five hundred eighteen and eight Hundredths (518.98) feet to an iron pin set; North seventy-seven (77) degrees thirty- one (31) minutes fifty-five (55) seconds East, eighty-six and twenty-six hundredths (86.26) feet to an iron pin set; North sixty-five (65) degrees forty-two (42) minutes twenty-six (26) seconds East, sixty-six and twenty-two hundredths (66.22) feet to an iron pin set; North sixty-two (62) degrees twenty-four (24) minutes fifty-six (5(35) seconds East, three hundred eighty and forty-nine hundredths (380.49) feet to ari iron pin set; North fifty (50) degrees thirteen (13) minutes twenty 20) seconds East, one hundred sixty-six and thirty-one hundredths (166.31) feet to an iron pin set; North fourteen (14) degrees twenty-nine (29) minutes fifty (50) seconds West, four :hundred ten and twenty hundredths (410.20) feet to an existing post; Non:h eighty (80) degrees thirty-seven (37) minutes twenty-fiv (25) seconds East, eighty- seven. and zero hundredths (87.00) feet to an iron pin set; North six (06) degrees ten (10) minutes three (03) seconds West, three hundred forty-five and ninety-nine. hundredths (345.99) feet to an iron pin set at stones; thence along lands now or formerly of Franklin A. Oiler the following seventeen courses and distances: South,, fifty (50) degrees fifty-five (55) minutes twenty-eight (28) seconds East, one hundred thirty-seven and twenty-four hundredths (137.24) feet to an existing store pile; South seventy-seven (77) degrees fifty-three (53) minutes fifteen (15) seconds East, three hundred sixty-three and one hundredths (363.01) feet to a point; North. sixty-two (62) degrees forty-three (43) minutes thirty-five (35) seconds East, or.e hundred and forty-two hundredths (142.00) feet to a point; North thirty-nine (39) degrees five (05) minutes thirteen (13) seconds East, one hundred nine and teri. hundredths (109.10) feet to a point, North sixty-eight (68) degrees twenty-four (24) minutes fifteen (15) seconds East, seventy-two and eighteen hundredths (72. ?, feet to a point; North eighty-four (84) degrees twenty-five (25) minutes fifty (50) seconds East, fifty-four and twenty-five hundredths (54.25) feet to a point; North sixty-one (61) degrees thirty-eight (38) minutes fifty-two (52) seconds East, ore hundred twenty-four and eight hundredths (124.08) feet to a point; North eighty- seven (87) degrees nineteen (19) minutes eighteen (18) seconds East, forty-one and seventy-eight hundredths (41.78) feet to a point; North seventy-two 72) degrees thirty-one (31) minutes twenty-eight seconds East, three hundred thirty-seven and. twenty-two hundredths (337.22) feet to a point; North forty (40) degrees twelve (12) minutes thirty (30) seconds East, fifty and eighty-two hundredths (50.82) feet to a point; North seventy-two (72) degrees twenty (20) minutes twenty-six (26 seconds East, one hundred six and sixty hundredths (106.60) feet to an existing stone pile, North twenty-nine (29) degrees thirty-nine (39) minutes thirty-two (32; 8K1938PG1258 seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a point; south eighty-eight (88) degrees thirty-five (35) minutes thirty-two (32) seconds East, fourteen and eighty-four hundredths (14.84) feet to an existing iron pin sec at stone; North thirty-one (31) degrees one (01) minute thirty-seven (37) seconds East, one hundred sixty-five and zero hundredths (165.00) feet to an existing iron pin set at stones; North seventy-nine (79) degrees one (01) minute thirty-seven (37) seconds East, one hundred forty-eight and fifty hundredfzs (148.50) feet to an existing iron pin at stones; South twenty-six (26) degrees thirteen (13) minutes twenty-three (23) seconds East, one hundred ninety-eight and zero hundredths (198.00) feet to an existing post; North seventy-nine (79) degrees thirty-five (35) minutes twenty-six (26) seconds East, one thousand seventy-one and ninety-six hundredths (1,071.96) feet to an existing iron pin at stones; thence along, lands now or formerly of Grove Brother Lumber Cc., South twenty-eight (28) degrees forty-eight (48) minutes fifty-three (53) seconds East, one thousand twenty-seven and eight-four hundreds (1,027.84) feet to an iron pin set at stones; thence along lands now or formerly of Andrew M. McCrea, South two (02) degrees fifty-five (55) minutes forty-five (45) seconds East, one thousand seventy-two ar,d fifty-seven hundredths (1,072.57) feet to an iron pin set at stones, :hence along same, South eighty-two (82) degrees forty (40) minutes forty-one (,41) seconds; West, two thousand two hundred eighty-two and twenty-two hundredths (2,292.22) feet to an existing stone pile; thence along same, South eighty-one (81) degrees fifty-three (53) minutes two (02) seconds West, seven hundred forty-seven anti. eight, -seven hundredths (747.87) feet to an existing post; thence along lands no as or formerly of Zane Highlands, South eighty-two (82) degrees fifteen (15) minute., fifty-five (55) seconds West, one thousand two hundred ninety-five and ninety- three hundredths (1,295.93) feet to an iron pin set at stones; thence along same aral lands now or formerly of Spencer A. Stamy, South sixty-five (65) degrees twelve (!2) minutes thirteen (13) seconds West, four hundred six and nincry-nir;e hundredths (406.99) feet to a railroad spike set, the place of BEGINNING. BEING Lot No. #2 on the Land Subdivision for Iris McCrea and containing !65.7265 ac-es net area.. BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June i9, i 989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "A," Volume 23, Page 124, unto Zane R. Highlands and Vicki L highlands, the Grantors herein. AND BEING the same which Zane R. Highlands and Vicki L. Highlands, hus;:)and and Wife, by deed dated April 1, 1996 and recorded in Cumberland County Deed Boos: 137 at Pave 170, conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in-Common, each to an undivided one-half (1/2) interest, Grantors herein. O K I 938PG 1259 ,107 Tract 2 herein is subject to rights of the Grantors, their heirs and assigns to use Private Right-of-Way A and Private Right-of-Way B as more fully shown and described in Cumberland County Plan Book 91, Page 94, for ingress, egress and regress to and from other real estate retained Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A private Right-of Way Agreement will be recorded simultaneously herew0h.. And the said Grantors hereby covenants and agrees that they will warrant specially the property hereby conveyed. N V ;j 8K1938FG ? 0 CF` NGE IN TERMS AGREEMENT cip" al i-Oan Date Maturity LOatt NO Call ! Coll 785,34 12-2' -2010 26470259001 /300 I References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "* * *" has been omitted due to text length limitations, Borrower: Julie A. Charles 1167 Doubling Gap Road Newville, PA 17241 Principal Amount: $445,785.34 Lender: ORRSTOWN BANK 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG,PA 17257 Date of Agreement: December 27, 2010 Maturity Date: January 19, 2026 DESCRIPTION OF EXISTING INDEBTEDNESS. A Promissory Note dated January 19, 2006 in the original amount of $850,000.00 DESCRIPTION OF COLLATERAL. A Mortgage dated January 19, 2006, Recorded January 24, 2006 in the Cumberland County Recorder of Deeds Office, Book 1938, Page 1247. DESCRIPTION OF CHANGE IN TERMS. Effective December 27, 2010, Borrower shall pay four (4) monthly interest only payments, beginning January 19, 2011. The loan will then revert beck to principal and interest payments for the remaining term of the loan. Modify the rate to reflect a 5.00% floor. All other terms and conditions remain unchanged. PROMISE TO PAY. Julie A. Charles ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Four Hundred Forty-five Thousand Seven Hundred Eighty-five & 34/100 Dollars ($445,785.34), together with interest on the unpaid principal balance from December 27, 2010, until paid in full. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the interest rates described in this paragraph: one interest payment on January 19, 2011, with interest calculated on the unpaid principal balances using an interest rate of 7.750% per annum based on a year of 360 days; 3 monthly consecutive interest payments, beginning February 19, 2011, with interest calculated on the unpaid principal balances using an interest rate based on the Wall Street Prime (currently 3.250%), plus a margin of 1.000 percentage points, adjusted if necessary for the minimum and maximum rate limitations for this loan, resulting in an initial interest rate of 5.000% per annum based on a year of 360 days; 176 monthly consecutive principal and interest payments in the initial amount of $3,582.70 each, beginning May 19, 2011, with interest calculated on the unpaid principal balances using an interest rate based on the Wall Street Prime (currently 3.250%), plus; a margin of 1.000 percentage points, adjusted if necessary for the minimum and maximum rate limitations for this loan, resulting in an initial interest rate of 5.000% per annum based on a year of 360 days; and one principal and interest payment of $3,582.06 on January 119, 2026, with interest calculated on the unpaid principal balances using an interest rate based on the Wall Street Prime (currently 3.250%), plus a margin of 1.000 percentage points, adjusted if necessary for the minimum and maximum rate limitations for this loan, resulting in an initial interest rate of 5.000% per annum based on a year of 360 days. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts on this loan. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index which is the Wall Street Prime (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may ??? make loans based on other rates as well. The Index currently is 3.250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this loan will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Agreement, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of rile just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan be less than 5.000% per annum or 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. INTEREST CALCULATION METHOD. Interest on this loan is computed on a 365/360 basis; that is, by applying the ratio of the 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. All interest payable under this loan is computed using this method. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve 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 Agreement, 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, North Pointe Operations Center, 2695 Philadelphia Avenue Chambersburg, PA 1 7201 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 interest rate on this loan shall be increased by adding an additional 3.000 percentage point margin ("Default Rate Margin"), The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity, or after this loan would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Agreement. If judgment is entered in connection with this Agreement, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT Each of the following shall constitute an Event of Default under this Agreement: EXHIBIT "D" CHANGE IN TERMS AGREEMF Loan No: 26470259001 (Continued) Page 2 Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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 Agreement 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 Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor 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. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes itself insecure. 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 Agreement within the preceding twelve 0 2) months, it may be cured if Borrower, after Lender sends written notice to Borrower 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 under this Agreement 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 Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania, in the county in which Borrower's following address is located: 1167 Doubling Gap Road, Newville, PA 17241. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $35.00 If Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to Lender by any person which may secure this Indebtedness, whether directly or indirectly, it is specifically agreed that, to the extent prohibited by law, all such collateral consisting of household goods will not secure this Indebtedness. In addition, if any collateral requires the giving of a right of rescission under Truth in Lending for this Indebtedness, such collateral also will not secure this Indebtedness unless and until all required notices of that right have been given. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing it this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. MISCELLANEOUS PROVISIONS. This Agreement 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 Agreement on its demand. If any part of this Agreement cannot be enforced, this fact will not '-IANGE IN TERMS AGREEMENT Loan No: 264702,59001 (Continued) Page 3 affect the rest of the Agreement. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, 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 Agreement are joint and several. if any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. 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 AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 AGREEMENT OR A COPY OF THIS; AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT 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 AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. CHANGE IN TERMS SIGNERS: i1 / i1 X r 1 / (Seal) Ju a A. Charles WISG WELL EQUESTRIAN CENTER, INC. 4(11 By. (Seal) ulie A. C arles, President of Wishing Well Equestrian Center, Inc. LASER PRO L.Rdiny, `-. 5.54.00.008 Co Pr. Harland;-- SINI.- - 1997. 7010. All RigA11 Rna -, - PA , CMLPL1020C.EC TR 27488 PR t ORRSTowNBANK A Tradition of Excellence Date: December 14, 2011 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL - POSTAGE PREPAID lie A. Char is ng ell Equestrian Center Inc 1167 Doubling Gap Road Newville, PA. 17241-9756 RE: NOTICE OF INTENTION TO FORECLOSE MORTGAGE; Loan # 26470259001 $850,000.00 Note, dated January 19, 2006 Borrowers: Julie A Charles Dear Ms. Charles: NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ORRSTOWN BANK (hereinafter we, us or ours) on ;your property located at 1167 Doubling Gap Road Newville, PA 17241 , IS IN SERIOUS DEFAULT because you have not made the monthly payments of $3,582.70 for the months of September 2011 through November 2011. Late charges in the amount of $1,242.44 have also accrued to this date and Act Notice fee in the amount of $50.00 totaling $1,292.44. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $11,861.40 . You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $11,861.40, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Orrstown Bank, 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original EXHIBIT "E" Julie A. Charles December 14, 2011 amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we! refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $ 50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $ 50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Ifyou cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six months. A notice of the date of the Sheriff 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 will be by calling us at the following number: 717-709-3049. This payment must be in cash, cashier's check, certified check or money order and made payable to us at Orrstown Bank, 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. You should realize that a Sheriffs sale will end your ownership of the mortgaged. property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVI? 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES ,THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. Julie A. Charles December 14, 2011 If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Orrstown Bank Timothy D. "Evans Special Asserts Manager NOTE: The Debt Collector is attempting to collect a debt and any information obtained will be used for that purpose. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. JULIE A. CHARLES 125 HILL LANE NEWVILLE, PA 17241, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- aq7f CIVIL TERW-= MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact M1dPelm Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During the meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request For Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following is to be eligible for a conciliation conference. It is not necessary for you to contact [Penn Legal Service for the appointment of a legal representative. However, you must vide your lawyer with all requested financial information so that a loan resolution proposal prepared on your behalf. If you and your lawyer complete a financial worksheet in the *tached hereto, your lawyer will prepare and file a Request For Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE: THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respec ly sub ' ed, Date: David A. Baric, Esquire, Attorney for Plaintiff CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE PROGRAM FINANCIAL WORKSHEET Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMERIPRIMARY APPLICATION Borrower name (s): Property Address: City : _ State: Is the property for sale`? Yes ? No ? Listing date: Realtor name: Realtor Phone: Borrower occupied: Yes ? No ? Mailing address (if different) City: Phone Numbers: Home: _ Cell: Email: # of people in household CO-BORROWER Mailing address (if different) (' its : - Phone Numbers: Home: Cell: _ Email: _ # ( A' people in household State: Office: Other: How long? _ State: Zip: Office: Other: How long? Zip: Price: S Zip: _ FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan:._ Loan Number: 'Dotal Mortgage Payments Amount $ Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Date You Closed Your Loan: Included Taxes and Insurance: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transporl:ation (,automobiles, boats, motorcycles): Year: Amount owed: Monthly Income Name of Employers: 1. Value: Year: Year: Model: Value: Monthly Gross Monthly Gross Monthly Gross Monthly Net Monthly Net Monthly Net Additional Income Description (not wages): Borrower Pay Days: Monthly Amount: Monthly Amount: - Co-Borrower Pay Days: EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food ?nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses:. I lave you been. working with a Credit Housing Agency? Yes[] No ? If yes, please provide the following information: Counseling Agency: Counselor: _ Phone (Office): lnlall: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HI, ;MAP) assistance? Yes ? No El I f yes, please indicate the status of the application Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (name): _ Servicing Company (name): Contact: Phone: Phone: AUTHORIZATION l/we, , authorize the above named _ to use/refer to this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: ?Proof of income ?Past 2 bank statements ?Proof of any expected income for the last 45 days ?C'opy of current utility bill ?Letter explaining reason for delinquency and any supporting documentation (hardship letter) ?Listing agreement (if property is currently on the market) ?C'opy of 2 years of federal income tax returns ?('opy of deed Date ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. 1 U LIE A. CHARLES 125 HILL LANE NEWVILLE, PA 17241, Defendant NO. 2012- CIVIL TERM MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; :1. Defendant has been served with a "Notice of Residential Mortgage Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Signature of Defendant's counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Date Date Date ORRSTOWN BANK 77 FAST KING STREET SUIPPENSBURG, PA 17257 Plaintiff V. JULIE A. CHARLES 125 HILL LANE NFWVILLE, PA 17241, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- CIVIL TERM MORTGAGE FORECLOSURE (:ASE MANAGEMENT ORDER AND NOW, this day of 120 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request For Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: The parties and their counsel are directed to participate in a court-supervised coriciliation conference on . at a.m./p.m. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the detendant/borrower must serve capon Plaintiff/Lender and its counsel a copy of the "Cumberland County Residential Home Mortgage Foreclosure Diversion Program Financial Worksheet (form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or date upon which service of the completed Form 2 is to be made may be extended. Upon notice of the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available. resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage: paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff iw iLED-OFFICE Jody S Smith " Ur THE PROTNONOTAR' Chief Deputy - Richard W Stewart 2012 MAY 22 AM 9: 08 Solicitor O'FC,EcF 'ter S?_R«; CUMB RLAND COUNTY P'ESYLVAMA Orrstown Bank Case Number VS. Julie Ann Charles 2012-2971 SHERIFF'S RETURN OF SERVICE 05116/2012 12:42 PM - Wiliam Cline, Corporal, who being duly swum according to law, states that on May 16, 2012 at 1242 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Julie Ann Charles, by making known unto herself personally, at 62 S. High Street, Newviile, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally t said true and correct copy of the same. IAM CLINE, ' SHERIFF COST: $40.45 May 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. h ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG. PA 17257 Plaintiff V. JULIE A. CHARLES 62 SOUTH HIGH STREET NEWVILLE, PA 17241, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : a 2012-2971 CIVIL TERM f? NO ; °7 . cam , MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendant, Julie A. Charles, for failure to file an answer to the Complaint of Plaintiff. A true and correct copy of the Notice of Default is appended hereto as Exhibit "A." A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237. L Plaintiff requests judgment in the amount of $486,180.84 set forth in the Complaint together with interest of $9,218.63 to June 20, 2012 with a per diem of $61.87 for a total of $495,399.47. Respectfully submitted, BARIC SCHERER L David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ' Cx?I „ S ? 19 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012- 2971 CIVIL TERM JULIE A. CHARLES 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, . Defendant TO: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 Date of Notice: June 5, 2012 UAVORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BARIC RER G ? David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" Sm Tnuc«•+rtryw?"ayepe ? a ?,?f a Fes: W?r? r. ?P?flfr? b.nspwor maBin TO tm!g PS Fm 3817, APr 2007 PSN 7530-02.000-9065 >o O N y CD Y CD N c c n o? DZ ??N oOF? oJ?+D a ?or?0 J1?? --I -WITi N-i ? _ N D T J EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on June 20, 2012, I, David A. Baric, Esquire, of Baric Scherer LLC did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 1 David A. Baric, Esquire ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-2971 CIVIL TERM JULIE A. CHARLES 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothonotary Date: U 3t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-2971 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From JULIE A. CHARLES 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 properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and td 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) Irproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of any ne 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: $495,399.47 L.L.: $.50 Interest TO 9/5/12 (PER DIEM $61.87) - $4,763.99 Atty'siComm: % Due Prothy: $2.25 Atty Paid: $191.70 Other Costs: Plaintiff Paid: Date: 9/6/12 David D. Buell, Prothonotary (Seal) B Deputy REQUESTING PARTY: Name: DAVID A. BARIC, ESQUIRE Address: BARIC SCHERER LLC 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Te lephOne: 717-249-6873 Supreme Court ID No. 44853 a ORRSTO'WN BANK 77 EAST 'KING STREET SHIPPENNBURG, PA 17257 Plaintiff V. JULIE A. (CHARLES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012- 2971 CIVIL TERM Irt y `n -r F-- ?> c? cad r-- -?, --? ca w 62 SOUTP HIGH STREET MORTGAGE FORECLOSURE NEWVIL?,E, PA 17241, Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE ?HERIFF OF CUMBERLAND COUNTY: P14ase issue a Writ of Execution in the above matter. Principal debt $495,399.47 Interest to 09/05/12 $ 4,763.99 (per diem $61.87) TOTAL: $500,163.46 BA/RIC SCHERER LLC f ? David A. Baric, Esquire Pa I.D. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff Date: Sept?mber 5, 2012 ya.ys ,?Q j to 5b < /y C9. `? a a5 ?vp (® 1 °t I.7 yo c,` C?- ?430(P r?? CERTIFICATE OF SERVICE I hereby certify that on September 5, 2012, 1, David A. Baric, Esquire, of Baric Scherer LLC, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, t6 the parties listed below, as follows: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 1 David A. Baric, Esquire V ORRSTOWN BANK 77 EAST KING STREET SHIPPENURG, PA 17257 Plaintiff V. JULIE A. HARLES 62 SOUT -I HIGH STREET NEWVIL E, PA 17241, Defendant IN THE COURT OF COMMON PLEAS g ? CUMBERLAND COUNTY, PENNSYWNM ; L 0 te' Fz r - .?, J n-1 01 :J:i'Z) NO. 2012-2971 CIVIL TERM 5 .. d A ? to s _ r ' MORTGAGE FORECLOSURE rA AFFIDAVIT PURSUANT TO RULE 3129.1 I, Oavid A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as oI the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. lame ane.. address of owner or reputed owner: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 2. Nakne and address of the defendant in the judgment: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 3. Name and 'iddress of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank SEDA-COG Local Development Corporation 77 East King Street Shippensburg, PA 17257 201 Furnace Road Lewisburg, PA 17837 W Cumberland County Tax Claim Bureau Cumberland Domestic Relations 4 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 PA SCDU P.O. Box 69110 Harrisburg, PA 17106 Nal ne and address of the last recorded holder of every mortgage of record: Orrstown Bank 5 SEDA-COG Local Development Corporation 77 East King Street Shippensburg, PA 17257 201 Furnace Road Lewisburg, PA 17837 Nafine and address of every other person who has any record lien on the property: Orrstown Bank SEDA-COG Local Development Corporation Cumberland County Tax Claim Bureau Cumberland Domestic Relations PA SCDU 77 East King Street Shippensburg, PA 17257 201 Furnace Road Lewisburg, PA 17837 13 North Hanover Street Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 6. Naive and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a 7. Na#ne and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Date: SOtember S, 2012 David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION BEGINNING at a point in State Route 0233 and being the northwest corner of lands now or formerly of Roger H. and Laurene J. Bietsch, thence along State Route 0233 the following five courses: (1) North 09° 32' 47" East a distance of 188.37 feet to a point, (2) North 09° 24' 41" East a distance of 369.67 feet to a point, (3) North 09° 52' 53" East a distance of 121.96 feet to a point, (4) North 12° 36' 24" East a distance of 150.00 feet to a point, (5) North 18° 05' 26" East a distance o ' 226.35 feet to a point at the southwest corner of lands now or formerly of Kelly E. and Christine E. Lentz; thence along said lands of Lentz the following eight courses: (1) North 86° 30' 58 ' East a distance of 518.08 feet to a point, (2) North 77° 31' 55" East a distance of 86.26 feet to a point, (3) North 65° 42' 26" East a distance of 66.22 feet to a point, (4) North 62° 24' 56" East a distance of 380.49 feet to a point, (5) North 50° 13' 20" East a distance of 166.31 feet to a point, (6) North 14° 29' 50" West a distance of 410.02 feet to a point, (7) North 80° 37' 25" East a distance of 87.00 feet to a point, (8) North 06° 10' 03" West a distance of 345.99 feet to a point long the southern boundary line of lands now or formerly of Franklin Arthur and Sue E. Oiler; thence along said lands of Oiler the following seventeen courses: (1) South 50° 55' 28" East a dist ce of 137.24 feet to a point, (2) South 77° 53' 15" East a distance of 363.01 feet to a point, (3) North 62° 43' 35" East a distance of 100.42 feet to a point, (4) North 39° 05' 13" East a distance of 109.10 feet to a point, (5) North 68° 24' 15" East a distance of 72.18 feet to a point, (6) North $4° 25' 50" East a distance of 54.25 feet to a point, (7) North 61 ° 38' 52" East a distance of 124.08 feet to a point, (8) North 87° 19' 18" East a distance of 41.78 feet to a point, (9) North 2° 31' 28" East a distance of 337.22 feet to a point, (10) North 40° 12' 30" East a distance o f50.82 feet to a point, (11) North 72° 20' 26" East a distance of 106.60 feet to a point, (12) North 29° 39' 32" East a distance of 169.63 feet to a point, (13) South 88° 35' 32" East a distance o 14.84 feet to a point, (14) North 31 ° 01' 37" East a distance of 165.00 feet to a point, (15) Nort 79° 01' 37" East a distance of 148.50 feet to a point, (16) South 26° 13' 23" East a distance o 198.00 feet to a point, (17) North 79° 35' 26" East a distance of 1071.96 feet to a point alon the western boundary line of lands now or formerly of Conrad B. and Claire B. Camell; t nce along said lands of Carnell South 28° 48' 53" East a distance of 1027.84 feet to a point at th northern corner of lands now or formerly of Andrew M. and Sally Ann McCrea; thence alo g said lands of McCrea South 02° 55' 45" East a distance of 1072.57 feet to a point; thence co inuing along the same South 82° 40' 41" West a distance of 1196.46 feet to a point at the southe st comor of lands now or formerly of James T. Jenkins Jr; thence along said lands of Jenkins the follow ng four courses: (1) North 10° 30' 37" East a distance of 664.20 feet to a point, (2) Forth 22° 44' 00" West a distance of 700.00 feet to a point (3) North 68° 55' 12" West a distance IDf 300.00 feet to a point, (4) South 52° 51' 10" West a distance of 143.49 feet to a point at tht eastern corner of lands now or formerly of Thomas K. Hackenburg Jr; thence along said lands pf Hackenburg the following seven courses: (1) North 70° 48' 41" West a distance of 17.26 feet o a point, (2) North 79° 53' 00" West a distance of 115.34 feet to a point, (3) North 71 ° 30' 36' West a distance of 73.68 feet to a point, (4) South 84° 06' 02" West a distance of 121.87 fee to a point, (5) South 47° 43' 07" West a distance of 110.83 feet to a point, (6) South 88° 15' 49' West a distance of 156.44 feet to a point, (7) South 37° 08' 50" East a distance of 303.85 fee to a point at the northwest corner of lands now or formerly of James T. Jenkins Jr; thence alo g said !and of Jenkins South 37° 08' 50" East a distance of 233.43 feet to a point; thence con inuing along the same South 04° 12' 33" East a distance of 952.76 feet to a point along the northern boundary line of lands now or formerly of Andrew M. and Sally Ann McCrea; thence along said lands of McCrea South 82' 40' 41" West a distance of 370.00 feet to a point; thence co?tinuing along the same South 81 ° 53' 02" West a distance of 747.87 feet to a point at the northeast corner of lands now or formerly of Julia A. Charles, thence along said lands of Charles S?)uth 82° 15' 55" West a distance of 1295.93 feet to a point, thence continuing along the same and ?lso lands now of formerly of Roger H. and Laurene J. Bietsch South 65' 12' 13" West a distance of 406.99 feet to a point in State Route 0233, the POINT OF BEGINNING. Containi4g Approximately 138.9 PARCEL 1 0. 15-03-0059-042 EXHIBIT "A" ORRSTOWN BANK 77 EAST jKING STREET SHIPPENISBURG, PA 17257 Plaintiff v. JULIE A. (CHARLES 62 SOUTJ-I HIGH STREET NEWVIL?E, PA 17241, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2012-2971 CIVIL TERM NO 1 . C 1) LOSURE MORTGAGE FOREC 4 , Cri NOTICE PURSUANT TO PA. R.C.P. 3129 C-) v -' r Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax lien against the real estate of Julie A. Charles. Orrstown Bank SEDA-COG Local Development Corporation Cumberland County Tax Claim Bureau Cuml?crland Domestic Relations PA SCDU 77 East King Street Shippensburg, PA 17257 201 Furnace Road Lewisburg, PA 17837 One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 P.O. Box 69110 Harrisburg, PA 17106 You are hereby notified that on March 6, 2013, at 10:00 a.m., prevailing time, by virtue of a Writ of xecution issued out of the Court of Common Pleas of Cumberland County, Pe=and ia, on the judgment of Orrstown Bank v. Julie A. Charles, No. 2012-2971, the Sheriff of County, Pennsylvania will expose at Public Sale in the Cumberland County Courthousj , One Courthouse Square, Carlisle, Pennsylvania, real estate of Julie A. Charles, known annumbered 98 Hill Lane, Newville, Cumberland County, Pennsylvania, with a parcel number of, 15-03-0059-042. A description of said real estate are hereto attached. Yo are further notified that a Schedule of Distribution of Proposed Distribution will be filed by th Sheriff of Cumberland County on , and distribution will be ma e in accordance with the Schedule unless exceptions are filed thereto within ten (10) days there fter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Side. /;4t DATE: September 5, 2012 Aa.4 ` David A. Baric, Esquire I.D. # 44853 Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff LEGAL DESCRIPTION B?GINNING at a point in State Route 0233 and being the northwest corner of lands now or formerly of Roger H. and Laurene J. Bietsch, thence along State Route 0233 the following five courses: 1) North 09° 32' 47" East a distance of 188.37 feet to a point, (2) North 09° 24' 41" East a dis ance of 369.67 feet to a point, (3) North 09° 52' 53" East a distance of 121.96 feet to a point, (4) North 12.* 36' 24" East a distance of 150.00 feet to a point, (5) North 18° 05' 26" East a distance 226.35 feet to a point at the southwest corner of lands now or formerly of Kelly E. and Christine E. Lentz; thence along said lands of Lentz the following eight courses: (1) North 86° 30' S " East a distance of 518.08 feet to a point, (2) North 77° 31' 55" East a distance of 86.26 feet to a point, (3) North 65° 42' 26" East a distance of 66.22 feet to a point, (4) North 62° 24' 56" East a distance of 380.49 feet to a point, (5) North 50° 13' 20" East a distance of 166.31 feet to a point, (6) North 14° 29' 50" West a distance of 410.02 feet to a point, (7) North 80° 37' 25" East al distance of 87.00 feet to a point, (8) North 06° 10' 03" West a distance of 345.99 feet to a point long the southern boundary line of lands now or formerly of Franklin Arthur and Sue E. Oiler; t ence along said lands of Oiler the following seventeen courses: (1) South 50° 55' 28" East a distance of 137.24 feet to a point, (2) South 77° 53' 15" East a distance of 363.01 feet to a point, (3) North 62;° 43' 35" East a distance of 100.42 feet to a point, (4) North 39° 05' 13" East a distance o 109.10 feet to a point, (5) North 68° 24' 15" East a distance of 72.18 feet to a point, (6) North ?4° 25' 50" East a distance of 54.25 feet to a point, (7) North 61 ° 38' 52" East a distance of 124.08 feet to a point, (8) North 87° 19' 18" East a distance of 41.78 feet to a point, (9) North 2° 31' 28" East a distance of 337.22 feet to a point, (10) North 40° 12' 30" East a distance o 50.82 feet to a point, (11) North 72° 20' 26" East a distance of 106.60 feet to a point, (12) Nort 29° 39' 32" East a distance of 169.63 feet to a point, (13) South 88° 35' 32" East a distance o 14.84 feet to a point, (14) North 31 ° 01' 37" East a distance of 165.00 feet to a point, (15) Nort79° 01' 37" East a distance of 148.50 feet to a point, (16) South 26° 13' 23" East a distance o 198.00 feet to a point, (17) North 79° 35' 26" East a distance of 1071.96 feet to a point alon? the western boundary line of lands now or formerly of Conrad B. and Claire B. Carvell; thence along said lands of Carnell South 28° 48' 53" East a distance of 1027.84 feet to a point at th northern corner of lands now or formerly of Andrew M. and Sally Ann McCrea; thence along said lands of McCrea South 02° 55' 45" East a distance of 1072.57 feet to a point; thence continuing along the same South 82° 40' 41" West a distance of 1196.46 feet to a point at the southeast corner of lands now or formerly of James T. Jenkins Jr; thence along said lands of Jenkins the following four courses: (1) North 10° 30' 37" East a distance of 664.20 feet to a point, (2) North 22° 44' 00" West a distance of 700.00 feet to a point (3) North 68° 55' 12" West a distance of 300.00 feet to a point, (4) South 52° 51' 10" West a distance of 143.49 feet to a point at the eastern corner of lands now or formerly of Thomas K. Hackenburg Jr; thence along said lands of Hackenburg the following seven courses: (1) North 70° 48' 41" West a distance of 17.26 feet to a point, (2) North 79° 53' 00" West a distance of 115.34 feet to a point, (3) North 71 ° 30' 36" West a distance of 73.68 feet to a point, (4) South 84° 06' 02" West a distance of 121.87 feet to a pc.int, (5) South 47° 43' 07" West a distance of 110.83 feet to a point, (6) South 88° 15' 49" West a distance of 156.44 feet to a point, (7) South 37° 08' 50" East a distance of 303.85 feet to a point at the northwest corner of lands now or formerly of James T. Jenkins Jr; thence along said land of Jenkins South 37° 08' 50" East a distance of 233.43 feet to a point; thence co ;tinuing along the same South 04° 12' 33" East a distance of 952.76 feet to a point along the i,lorthern boundary line of lands now or formerly of Andrew M. and Sally Ann McCrea; thence along said lands of McCrea South 82° 40' 41" West a distance of 370.00 feet to a point; thence cootinuing along the same South 81 ° 53' 02" West a distance of 747.87 feet to a point at the northeast corner of lands now or formerly of Julia A. Charles, thence along said lands of Charles South 82° 15' 55" West a distance of 1295.93 feet to a point, thence continuing along the same and lso lanc;s now of formerly of Roger H. and Laurene J. Bietsch South 65' 12' 13" West a distance,of 406.99 feet to a point in State Route 0233, the POINT OF BEGINNING. Containing Approximately 138.9 PARCEL ?v0. 15-03-0059-042 SHER FF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _ i.. scar 'J f`€� ;}AN C T r THE L, t ii�:���'�u y�.a i t3,i, t Jody S Smith Chief Deputy AY 24 A.V, 10: 25 Richard W Stewart Solicitor cFF10EOFTRW$I,sRIFF CtIMBERLAtiD COU'.'i; Y PEWMLVANIX Orrstown Bank Case Number vs. 2012-2971 Julie Ann Charles SHERIFF'S RETURN OF SERVICE 01/07/2013 03:49 PM - Deputy Jason Kinsler, 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 WALTER FITTING - DEFT. BOYFRIEND,who accepted as"Adult Person in Charge"for Julie Ann Charles at 62 S High Street, Newville Borough, Newville, PA 17241, Cumberland County. 01/08/2013 06:21 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 98 Hill Lane, Lower Mifflin Twp, Newville, PA 17241, Cumberland County. 02/27/2013 As directed by David A Baric, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 03/27/2013 As directed by David A Baric, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 05/21/2013 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: $1,984.73 SO ANSWERS, May 23, 2013 RbNI1rY R ANDERSON, SHERIFF aid-��d Co ic;CountySuite Sher(f,TclecaoR,Inc. - "� ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET : CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff : V. NO. 2012-2971 CIVIL TERM JULIE A. CHARLES : 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE,PA 17241, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 e I,David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit"A", attached hereto and incorporated herein by reference. I. Name and.address of owner or reputed owner: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 2. Name and address of the defendant in the judgment: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 3. Name and=address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, PA 17257 SEDA-COG Local 201 Furnace Road Development Corporation Lewisburg,PA 17837 1. Cu m" berland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Cumberland Domestic Relations 13 North Hanover Street Carlisle, PA 17013 PASCDU P.O. Box 69110 Harrisburg, PA 17106 4. Name and 'iddress of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 SEDA-COG Local 201 Furnace Road Development Corporation Lewisburg, PA 17837 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, PA 17257 SEDA-COG Local 201 Furnace Road Development Corporation Lewisburg, PA 17837 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Cumberland Domestic Relations 13 North Hanover Street Carlisle, PA 17013 PA SCDU P.O. Box 69110 Harrisburg,PA 17106 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n1a 7. Name and-address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a _ I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Date: September 5, 2012 David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION BEGINNING at a point in State Route 0233 and being the northwest comer of lands now or formerly of Roger H. and Laurene J. Bietsch,thence along State Route 0233 the following five courses: (1)North 09* 32' 47" East a distance of 188.37 feet to a point, (2)North 09* 24' 41" East a distance of 369.67 feet to a point, (3)North 09* 52' 53"East a distance of 121.96 feet to a point, (4)North 12* 36' 24"East a distance of 150.00 feet to a point, (5)North 18* 05' 26"East a distance of 226.35 feet to a point at the southwest comer of lands now or formerly of Kelly E. and Christine E. Lentz; thence along said lands of Lentz the following eight courses: (1)North 86* 30' 58"East a distance of 518.08 feet to a point, (2)North 77* 3 V 55"East a distance of 86.�6 feet to a point, (3)North 65* 42' 26"East a distance of 66.22 feet to a point, (4)North 62' 24' 56" East a distance of 380.49 feet to a point, (5)North 50* 13' 20"East a distance of 166.31 feet to a point, (6)North 14' 29' 50" West a distance of 410.02 feet to a point, (7)North 80' 37' 25"East a distance of 87.00 feet to a point, (8)North 06* 10' 03" West a distance of 345.99 feet to a point along the southern boundary line of lands now or formerly of Franklin Arthur and Sue E. Oiler; thence along said lands of Oiler the following seventeen courses: (1) South 50' 55' 28" East a distance of 137.24 feet to a point, (2) South 77* 53' 15"East a distance of 363.01 feet to a point, (3)North 62* 43' 35"East a distance of 100.42 feet to a point, (4)North 39' 05' 13"East a distance of 109.10 feet to a point, (5)North 68' 24' 15"East a distance of 72.18 feet to a point, (6)North 84* 25' 50"East a distance of 54.25 feet to a point, (7)North 61* 3 8' 52"East a distance of 124.08 feet to a point, (8)North 87* 19' 18"East a distance of 41.78 feet to a point, (9)North 72* 3 1' .28"East a distance of 337.22 feet to a point, (10)North 40' 12' 30"East a distance of 50.82 feet to a point, (11)North 72* 20' 26"East a distance of 106.60 feet to a point, (12)North 29* 39' 32"East a distance of 169.63 feet to a point, (13) South 88* 35' 32"East a distance of 14.84 feet to a point, (14)North 3 1' 01' 37"East a distance of 165.00 feet to a point, (15)North 79' 01' 37"' East a distance of 148.50 feet to a point, (16) South 26' 13' 23" East a distance of 198.00 feet to a point, (17)North 79' 35' 26"East a distance of 1071.96 feet to a point along the western boundary line of lands now or formerly of Conrad B. and Claire B. Camell; thence along said lands of Camell South 28' 48' 53" East a distance of 1027.84 feet to a point at the northern comer of lands now or formerly of Andrew M. and Sally Ann McCrea; thence along said lands of McCrea South 02* 55' 45"East a distance of 1072.57 feet to a point; thence continuing along the same South 82* 40' 41" West a distance of 1196.46 feet to a point at the southeast com,-r of lands now or formerly of James T. Jenkins Jr; thence along said lands of Jenkins the following four courses: (1)North 10' 30' 37"East a distance of 664.20 feet to a point, (2)North 22' 44' 00" West a distance of 700.00 feet to a point(3)North 68* 55' 12"West a distance of 300.00 feet to a point, (4) South 52' 5 l' 10"West a distance of 143.49 feet to a point at the eastern corner of lands now or formerly of Thomas K.Hackenburg Jr; thence along said lands of Hackenburg the following seven courses: (1)North 70* 48' 41"West a distance of 17.26 feet to a point, (2)North 79* 53' 00"West a distance of 115.34 feet to a point, (3)North 71* 30' 36"West a distance of 73.68 feet to a point, (4) South 84*06' 02" West a distance of 121.87 feet to a point, (5) South 47* 43' 07"West a distance of 110.83 feet to a point, (6) South 88* 15' 49"West a distance of 156.44 feet to a point, (7) South 37* 08' 50"East a distance of 303.85 feet to a point at the northwest comer of lands now or formerly of James T. Jenkins Jr; thence along said]'and of Jenkins South 37* 08' 50"East a distance of 233.43 feet to a point; thence continuing along the same South 04' 12' 33"East a distance of 952.76 feet to a point along the northern boundary line of lands now or formerly of Andrew M. and Sally Ann McCrea; thence along said lands of McCrea South 82' 40' 41" West a distance of 370.00 feet to a point; thence continuing along the same South 81° 53' 02" West a distance of 747.87 feet to a point at the northeast corner of lands now or formerly of Julia A. Charles,thence along said lands of Charles South 82° 15' 55" West a distance of 129593 feet to a point,thence continuing along the same and also lands now of formerly of Roger H. and Laurene J. Bietsch South 65' 12' 13"West a distance of 406.99 feet to a point in State Route 0233,the POINT OF BEGINNING. Containing Approximately 138.9 PARCEL NO. 15-03-0059-042 EXHIBIT "A" ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012-2971 CIVIL TERM JULIE A. CHARLES 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subjects of this action and Notice of Sale are located at 98 Hill Lane,Ne;wville, Cumberland County, Pennsylvania, with a parcel number of 15-03- 0059-042 and described as follows: BEGINNING at a point in State Route 0233 and being the northwest corner of lands now or formerly of Roger H. and Laurene J. Bietsch, thence along State Route 0233 the following five courses: (1) North 09° 32' 47" East a distance of 188.37 feet to a point,(2)North 09° 24' 41"East a distance of 369.67 feet to a point, (3)North 09° 52' 53"East a distance of 121.96 feet to a point,(4)North 12° 36' 24" East a distance of 150.00 feet to a point, (5) North 18° 05' 26" East a distance of 226.35 feet to a point at the southwest corner of lands now or formerly of Kelly E. and Christine E.Lentz;thence along said lands of Lentz the following eight courses: (1)North 86° 30' 58"East a distance of 518.08 feet to a point,(2)North 77° 31' 55" East a distance of 86.26 feet to a point,(3)North 65'42' 26"East a distance of 66.22 feet to a point, (4) North 62° 24' 56" East a distance of 380.49 feet to a point, (5) North 50° 13' 20" East a distance of 166.31 feet to a point, (6) North 14° 29' 50" West a distance of 410.02 feet to a point, (7)North 80° 37' 25" East a distance of 87.00 feet to a point, (8)North 06° 10' 03"West a distance of 345.99 feet to a point along the southern boundary line of lands now or formerly of Franklin Arthur and Sue E. Oiler; thence along said lands of Oiler the following seventeen courses: (1) South 50° 55' 28" East a distance of 137.24 feet to a point, (2) South 77° 53' 15" East a distance of 363.01 feet to a point, (3) North 62' 43' 35" East a distance of 100.42 feet to a point,(4)North 39° 05' 13"East a distance of 109.10 feet to a point, (5)North 68' 24' 15"East a distance of 72.18 feet to a point, (6)North 84° 25' 50" East a distance of 54.25 feet to a point, (7) North 61° 38' 52" East a distance of 124.08 feet to a point, (8)North 87° 19' 18"East a distance of 41.78 feet to a point, (9)North 72' 31'28"East a distance of 337.22 feet to a point,(10)North 40° 12' 30" East a distance of 50.82 feet to a point, (11) North 72' 20' 26" East a distance of 106.60 feet to a point, (12) North 29 39' 32" East a distance of 169.63 feet to a point,(13)South 88' 35' 32"East a distance of 14.84 feet to a point,(14)North 31* 01' 37" East a distance of 165.00 feet to a point, (15) North 79° 01' 37" East a distance of 148.50 feet to a point, (16) South 26° 13' 23"East a distance of 198.00 feet to a point,(17)North 79' 3 5' 26"East a distance of 1071.96 feet to a point along the western boundary line of lands now or formerly of Conrad B. and Claire B. Carrell; thence along said lands of Carrell South 28° 48' 53" East a distance of 1027.84 feet to a point at the northern corner of lands now or formerly of Andrew M. and Sally Ann McCrea; thence along said lands of McCrea South 02° 55' 45"East a distance of 1072.57 feet to a point;thence continuing along the same South 82°40' 41" West a distance of 1 196.46 feet to a point at the southeast corner of lands now or formerly of James T. Jenkins Jr;thence along said lands of Jenkins the following four courses: (1) North 10° 30' 37" East a distance of 664.20 feet to a point, (2) North 22° 44' 00" West a distance of 700.00 feet to a point (3)North 68° 55' 12" West a distance of 300.00 feet to a point, (4) South 52° 51' 10" West a distance of 143.49 feet to a point at the eastern corner of lands now or formerly of Thomas K. Hackenburg Jr;thence along said lands ofHackenburg the following seven courses: (1)North 70' 48' 41"West a distance of 17.26 feet to a point, (2)North 79' 53' 00" West a distance of 115.34 feet to a point, (3)North 71° 30' 36" West a distance of 73.68 feet to a point,(4)South 84' 06' 02"West a distance of 121.87 feet to a point, (5)South 47'43' 07"West a distance of 110.83 feet to a point,(6)South 88' 15'49" West a distance of 156.44 feet to a point, (7) South 37' 08' 50" East a distance of 303.85 feet to a point at the northwest corner of lands now or formerly of James T. Jenkins Jr; thence along said land of Jenkins South 37° 08' 50" East a distance of 233.43 feet to a point; thence continuing along the same South 04' 12' 33" East a distance of 952.76 feet to a point along the northern boundary line of lands now or formerly of Andrew M. and Sally Ann McCrea;thence along said lands of McCrea South 82'40' 41"West a distance of 370.00 feet to a point;thence continuing along the same South 81° 53' 02"West a distance of 747.87 feet to a point at the northeast corner of lands now or formerly of Julia A. Charles, thence along said lands of Charles South 82° 15' 55" West a distance of 1295.93 feet to a point, thence continuing along the same and also lands now of formerly of Roger H. and Laurene J.Bietsch South 65* 12' 13"West a distance of 406.99 feet to a point in State Route 0233, the POINT OF BEGINNING. Containing Approximately 138.9 PARCEL NO. 15-03-0059-042 2) If you have any questions concerning this Notice,you should contact your attorney. i 3) The time and place of the Sheriffs Sale is Wednesday, March 6, 2013 at 10:00 a.m., in the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The.sale is being held on Judgment entered in Orrstown Bank v. Julie A. Charles, _ docketed to 2012-2971 in the Court of Common Pleas of Cumberland County. 5) The name of the owner or reputed owner is Julie A. Charles. NOTICE OF SCHEDULING OF DISTRIBUTION 6) A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10) days thereafter. Respectfully submitted, BARIC SCFjWR LLC David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: September 5, 2012 LEGAL DESCRIPTION BEGINNING at a point in State Route 0233 and being the northwest corner of lands now or formerly of Roger H. and Laurene J. Bietsch, thence along State Route 0233 the following five courses: (1)North.09° 32' 47"East a distance of 188.37 feet to a point, (2)North 09° 24' 41"East a distance of 369.67 feet to a point, (3)North 09' 52' 53"East a distance of 121.96 feet to a point, (4)North 12° 36' 24"East a distance of 150.00 feet to a point,(5)North 18° 05' 26"East a distance of 226.35 feet to a point at the southwest corner of lands now or formerly of Kelly E. and Christine E. Lentz; thence along said lands of Lentz the following eight courses: (1)North 86° 30' 58" East a distance of 518.08 feet to a point,(2)North 77° 31' 55"East a distance of 86.26 feet to a point,(3) North 65° 42' 26"East a distance of 66.22 feet to a point, (4)North 62° 24' 56" East a distance of 380.49 feet to a point, (5)North 50° 13' 20"East a distance of 166.31 feet to a point, (6)North 14° 29' 50"West a distance of 410.02 feet to a point,(7)North 80° 37' 25"East a distance of 87.00 feet to a point, (8) North 06° 10' 03" West a distance of 345.99 feet to a point along the southern boundary line of lands now or formerly of Franklin Arthur and Sue E. Oiler;thence along said lands of Oiler the following seventeen courses: (1) South 50° 55' 28" East a distance of 137.24 feet to a point, (2) South 77' 53' 15" East a distance of 363.01 feet to a point, (3)North 62° 43' 35"East a distance of 100.42 feet to a point,(4)North 39° 05' 13"East a distance of 109.10 feet to a point,(5) North 68° 24' 15"East a distance of 72.18 feet to a point, (6)North 84° 25' 50" East a distance of 54.25 feet to a point, (7)North 61' 38' 52"East a distance of 124.08 feet to a point, (8)North 87° 19' 18"East a distance of 41.78 feet to a point,(9)North 72° 3 P 28"East a distance of 337.22 feet to a point,(10)North 40* 12' 30"East a distance of 50.82 feet to a point,(11)North 72*20'26"East a distance of 106.60 feet to a point,(12)North 29° 39' 32"East a distance of 169.63 feet to a point, (13)South 88°35' 32"East a distance of 14.84 feet to a point,(14)North 31' 01' 37"East a distance of 165.00 feet to a point, (15)North 79° 0V 37"East a distance of 148.50 feet to a point,(16)South 26° 13' 23" East a distance of 198.00 feet to a point, (17) North 79' 35' 26" East a distance of 1071.96 feet to a point along the western boundary line of lands now or formerly of Conrad B. and Claire B. Carnell; thence along said lands of Carnell South 28° 48' 53" East a distance of 1027.84 feet to a point at the northern corner of lands now or formerly of Andrew M.and Sally Ann McCrea; thence along said lands of McCrea South 02° 55' 45" East a distance of 1072.57 feet to a point; thence continuing along the same South 82°40' 41"West a distance of 1196.46 feet to a point at the southeast corner of lands now or formerly of James T.Jenkins Jr;thence along said lands of Jenkins the following four courses: (1)North 10° 30' 37"East a distance of 664.20 feet to a point, (2)North 22°44' 00"West a distance of 700.00 feet to a point(3)North 68'55' 12"West a distance of 300.00 feet to a point, (4) South 52° 51' 10" West a distance of 143.49 feet to a point at the eastern corner of lands now or formerly of Thomas K. Hackenburg Jr; thence along said lands of Hackenburg the following seven courses: (1)North 70° 48' 41" West a distance of 17.26 feet to a point, (2)North 79° 53' 00"West a distance of 115.34 feet to a point,(3)North 71° 30' 36"West a distance of 73.68 feet to a point,(4) outh 84° 06' 02"West a distance of 121.87 feet to a point,(5) South 47'43' 07" West a distance of 110.83 feet to a point, (6) South 88° 15' 49"West a distance of 156.44 feet to a point,(7)South 37°08' 50"East a distance of 303.85 feet to a point at the northwest corner of lands now or formerly of James T. Jenkins Jr; thence along said land of Jenkins South 37° 08' 50" East a distance of 233.43 feet to a point; thence continuing along the same South 04° 12' 33" East a distance of 952.76 feet to a point along the northern boundary line of lands now or formerly of Andrew M. and Sally Ann McCrea; thence along said lands of McCrea South 82° 40' 41" West a distance of 370.00 feet to a point; thence continuing along the same South 81* 53' 02" West a distance of 747.87 feet to a point at the northeast comer of lands now or formerly of Julia A.Charles, thence along said lands of Charles South 82' 15' 55" West a distance of 1295.93 feet to a point, thence continuing along the same and also lands now of formerly of Roger H.and Laurene J.Bietsch South 65* 12' 13" West a distance of 406.99 feet to a point in State Route 0233, the POINT OF BEGINNING. Containing Approximately 138.9 PARCEL NO. 15-03-0059-042 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2971 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff(s) From JULIE A. CHARLES (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 GARNISHEES)as follows: and to notify the garnishees)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: $495,399.47 L.L.: $.50 Interest TO 9/5/12 (PER DIEM$61.87)-$4,763.99 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $191.70 Other Costs: Plaintiff Paid: Date: 9/6/12 David D.Buell,Prot honota (Seal) Deputy REQUESTING PARTY: Name: DAVID A.BARIC,ESQUIRE Address: BARIC SCHERER LLC 19 WEST SOUTH STREET CARLISLE,PA 17013 TREE COPY FROM RECORD rn-Testimony whereof,i here unto set my hand Attorney for: PLAINTIFF and the seal of said C at. arlisl, `a Telephone: 717-249-6873 Tiis_�day of prothonotary Supreme Court ID No. 44853 �;` On October 19, 2012 the Sheriff levied'upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered as, 98 Hill Lane, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 19, 2012 By: Real Estate Coordinator L d3S ZIOt 3�1`d 3'1� j' 1 ;G _ +. r CUMBERLAND LAW JOURNAL Writ No. 2012-2971 Civil a distance of 54.25 feet to a point,(7) North 61'38'52"East a distance of Orrstown Bank 124.08 feet to a point, (8) North 87' VS. 19'18"East a distance of 41.78 feet Julie Ann Charles to a point, (9)North 72'3 1'28"East a distance of 337.22 feet to a point, Atty.: David A.Baric (10)North 40'12'30"East a distance BEGINNING at a point in State of 50.82 feet to a point, (11) North Route 0233 and being the northwest 72'20'26"East a distance of 106.60 corner of lands now or formerly of feet to a point,(12)North 29'39'32" Roger H. and Laurene J. Bietsch, East a distance of 169.63 feet to a thence along State Route 0233 the point, (13) South 88'35'32" East a following five courses: (1) North 09' distance of 14.84 feet to a point,(14) 32'47"East a distance of 188.37 feet North 31'01'37"East a distance of to a point, (2)North 09'24'4 1"East 165.00 feet to a point, (15)North 79' a distance of 369.67 feet to a point, 01' 37" East a distance of 148.50 (3)North 09'52'53"East a distance feet to a point,(16)South 26'13'23" of 121.96 feet to a point,(4)North 12' East a distance of 198.00 feet to a 36'24"East a distance of 150.00 feet point, (17) North 79'35'26" East a to a point, (5)North 18'05'26"East distance of 1071.96 feet to a point a distance of 226.35 feet to a point along the western boundary line of- at the southwest corner of lands now lands now or formerly of Conrad B. or formerly of Kelly E. and Christine and Claire B. Carvell; thence along E. Lentz;thence along said lands of said lands of Carnell South 28' 48' Lentz the following eight courses: (1) 53" East a distance of 1027.84 feet North 86'30'58"East a distance of to a point at the northern corner of 518.08 feet to a point, (2) North 77' lands now or formerly of Andrew M. 31'55"East a distance of 86.26 feet and Sally Ann McCrea;thence along to a point, (3)North 65'42'26"East said lands of McCrea South 02'55' a distance of 66.22 feet to a point,(4) 45" East a distance of 1072.57 feet North 62'24'56" East a distance of to a point; thence continuing along 380.49 feet to a point, (5) North 50' the same South 82'40'41" West a 13'20"East a.distance of 166.31 feet distance of 1196.46 feet to a point to a point,(6)North 14'29'50"West at the southeast corner of lands now a distance of 410.02 feet to a point, or formerly of James T. Jenkins Jr; (7)North 80'37'25"East a distance thence along said lands of Jenkins of 87.00 feet to a point, (8)North 06' the following four courses: (1) North 10' 03" West a distance of 345.99 10'30'37"East a distance of 664.20 feet to a point along the southern feet to a point, (2) North 22'44'00" boundary line of lands now or for- West a distance of 700.00 feet to a merly of Franklin Arthur and Sue E. point (3) North 68' 55' 12" West a Oiler;thence along said lands of Oiler distance of 300.00 feet to a point,(4) the following seventeen courses: (1) South 52'51'10"West a distance of South 50'55'28"East a distance of 143.49 feet to a point at the eastern 137.24 feet to a point, (2) South 77' corner of lands now or formerly of 53'15"East a distance of 363.01 feet Thomas K. Hackenburg Jr; thence to a point, (3)North 62143'35"East along said lands of Hackenburg the a distance of 100.42 feet to a point, following seven courses:(1)North 70' (4)North 39'05' 13"East a distance 48'4 1"West a distance of 17.26 feet of 109.10 feet to a point,(5)North 68' to a point,(2)North 79'53'00"West 24' 15"East a distance of 72.18 feet a distance of 115.34 feet to a point,(3) to a point, (6)North 84'25'50"East North 71'30'36"West a distance of 31 CUMBERLAND LAW JOURNAL 73.68 feet to a point,(4)South 84'06' 02"West a distance of 121.87 feet to a point,(5) South 47'43'07"West a distance of 110.83 feet to a point,(6) South 88'15'49"West a distance of 156.44 feet to a point, (7) South 37' 08'50"East a distance of 303.85 feet to a point at the northwest corner oflands now or formerly of James T. Jenldns Jr; thence along said land of Jenkins South 37' 08' 50" East a distance of 233.43 feet to a point; thence continuing along the same South 04' 12' 33" East a distance of 952.76 feet to a point along the northern boundary line of lands now or formerly of Andrew M. and Sally Ann McCrea;thence along said lands of McCrea South 82'40'41"West a distance of 370.00 feet to a point; thence continuing along the same South 81'53'02"West a distance of 747.87 feet to a point at the northeast corner of lands now or formerly of Julia A. Charles, thence along said lands of Charles South 82' 15' 55" West a distance of 1295.93 feet to a point, thence continuing along the same and also lands now of formerly of Roger H. and Laurene J. Bietsch South 65' 12'13"West a distance of 406.99 feet to a point in State Route 0233,the POINT OF BEGINNING. Containing Approximately 138.9. PARCEL NO. 15-03-0059-042. 32 r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. LAisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this da of Februar 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 } The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXews Suite=300 ' P Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date( s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 'PUBLICATION rOPY This ad ran on the date(s)shown below: . 01/22/13 01/29/13 C 02/05/13 Sworn to and subscribed before this a of Febru ry, 2013 A.D. Nota ublic COMMO OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin county Commisslon res Dec.12,2016 * MEMBER.PENNSYLVANIA ASSOCIATION OF NOTARIES ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012- 2971 CIVIL TERM JULIE A. CHARLES 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: _ Please issue a Writ of Execution in the above matter. rn Principal debt $495,399.47 Interest to 06/06/13 $ 21,716.37 (per diem $61,.87) _C TOTAL: $517,115.84 o � s ecc+ . ` C�$/� �►3 Is r r B C SCHERER LLC r David A. Baric, Esquire ' Pa I.D. 44853 �p 2 Y3 ,• 19 West South Street Carlisle, PA 17013 (717) 249-6873 2. 2 Attorney for Plaintiff Date: June 6, 2013 CV-4! 2coz CERTIFICATE OF SERVICE I hereby certify that on June 6, 2013, I, David A. Baric, Esquire, of Baric Scherer LLC, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 c C� r David A. Baric, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-2971 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK,Plaintiff(s) From JULIE A.CHARLES (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$495,399.47 Plaintiff Paid$ Interest TO 6/6/13-(PER DIEM$61.87)-$21,716.37 Attorney's Comm. % Law Library$ Attorney Paid$2202.43 Due Prothonotary$2.25 Other Costs$ Date: JUNE 6,,20113 avid D. uell,P thonotary e. ' By: Deputy REQUES'T'ING PART`: Name :6AVJD A. BA''IIC Address: BARIC SCHERER LLC 19 WEST SOUTH STREET CARLISLE,PA 17013 Attorney for: Plaintiff Telephone: 717-249-6873 Supreme Court ID No. 44853 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012-2971 CIVIL TERM JULIE A. CHARLES 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendant, Julie A. Charles is 62 South High Street, Newville, Cumberland County, Pennsylvania 17241 and that the Defendant is the owner of the mortgaged property known as 98 Hill Lane,Newville, Cumberland County, Pennsylvania 17241. BARIC SCHERER C David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE , ME THIS 6th DAY OF JUNE, 2013. r-, F•- ' Notary Public � CD ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012-2971 CIVIL TERM JULIE A. CHARLES 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit"A", attached hereto and incorporated herein by reference. 1. Name and address of owner or reputed owner: rn C— r '' Julie A. Charles_ -.;,{•_f.� 62 South High Street (.n i rcr Newville, Pennsylvania 17241 2. Name and address of the defendant in the judgment: Z-C' r Julie A. Charles 62 South High Street Newville, Pennsylvania 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, PA 17257 SEDA-COG Local 201 Furnace Road Development Corporation Lewisburg, PA 17837 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Cumberland Domestic Relations 13 North Hanover Street Carlisle, PA 17013 PA SCDU P.O. Box 69110 Harrisburg, PA 17106 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 SEDA-COG Local 201 Furnace Road Development Corporation Lewisburg, PA 17837 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, PA 17257 SEDA-COG Local 201 Furnace Road Development Corporation Lewisburg, PA 17837 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Cumberland Domestic Relations 13 North Hanover Street Carlisle, PA 17013 PA SCDU P.O. Box 69110 Harrisburg, PA 17106 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Date: June 6, 2013 David A. Baric, Esquire Attorney for Plaintiff LEGAL DESCRIPTION TRACT# I ALL THAT CERTAIN tract of land located in Lower Mifflin Township, Cumberland County, Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point in the State Road by corner of lands formerly of H.J. Fry, now or formerly of George Ginter; thence by said road,North 09 degrees East, 92.5 perches to comer of lands formerly of Jhon Barrick, now or formerly of Lucy Barrick; thence 65 3/4 degrees East, 24 perches to a point;thence North 813/4 degrees East, 80 perches to a point at corner of lands formerly of Joseph Salisbury, now or formerly of Lehman J. Hurley; thence South 47 1/4 degrees East, 105 perches to a point; thence South 40 1/2 degrees West, 12.1 perches to a stone;thence South 48 1/4 degrees East, 29.2 perches to a comer of lands of W H. McCrea Estate; thence South 44 3/4 degrees West, 18 perches to a point; thence South 32 3/4 degrees West, 38.5 perches to a point; thence North 52 1/2 degrees West,47 perches to a point; thence South 36 3/4 degrees West, 64 perches to a stone in the public road leading to Bloserville; thence by said road and line of lands now or formerly of W.H. McCrea Estate,North 52 1/4 degrees West, 31.8 perches to a post; thence North 77 degrees West, 24.3 perches to a post; thence North 79 1/2 degrees West. 32.3 perches to a stone, formerly a white oak;thence by lands formerly of H.J. Fry, now for formerly of George Ginter,North 13 3/4 degrees West, 22.44 perches to a stone, formerly a white oak; thence North 86 degrees West, 11.5 perches to a point in the State Road, the place of BEGINNING. EXCEPTING and reserving therefrom three(3) lots or parcels of land as follows: 1. Lot sold of H.A. Hoover and Iva M. Hoover,husband and wife,by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated May 3, 1944, and recorded in Cumberland County Deed Book"V" Volume 12,Page 59. 2. Lot sold to H.A. Hoover and Iva M. Hoover,husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith,husband and wife, dated December 1, 1945, and recorded in Cumberland County Deed Book"I", Volume 13, Page 512. 3. All that certain tract of land with an aluminum siding ranch house and adjoining garage thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision survey prepared for Eugene A. Hockensmith, P.L.S., which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book 52,Page 68, as follows: BEGINNING at a railroad spike in the centerline of L.R. 21082 at the southeast comer of lands now or formerly of George F. Ginter, et ux., which railroad spike is located 339.16 feet in an easterly direction along the centerline of L.R. 21082 from the intersection of the centerline of L.R. 21082 and Pennsylvania Route 233; thence from the Point of Beginning and running along the lands now or formerly of George F. Ginter; et ux., the following two (2) courses and distances: (1)North 18 degrees 29 minutes 09 seconds West a distance of 27.11 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and, (2)North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux.,North 18 degrees 29 minutes 09 seconds West a distance of 182.41 feet to an iron pin; thence along lands, of which this lot was formerly a part, about to be conveyed to Zane R. Highlands,the following five(5)courses and distances: (1)North 74 degrees 49 minutes 19 seconds East a distance of 243.50 feet to an iron pin; (2) South 53 degrees 24 minutes 51 seconds East a distance of 39.05 feet to an iron pin; (3) South 16 degrees 07 minutes 16 seconds West a distance of 288.48 feet to an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of 31.16 feet to an iron pin on the northerly dedicated right- of-way line of L.R. 21082; and(5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a railroad spike in the centerline of L.R. 21082;thence along the centerline of L.R. 21082 and a lot now or formerly of Walter G. Derr, et ux.,North 85 degrees, 44 minutes 00 seconds West a distance of 7.00 feet to a P.K.Nail,thence continuing along the centerline of L.R. 21082 and lands now or formerly of Norman L. Reinford, Jr., et ux.,North 85 degrees 44 minutes 00 seconds West a distance of 59.18 feet to a railroad spike,the Place of BEGINNING. CONTAINING a total area of 1.2860 acres SUBJECT to a 25 foot wide strip of land at the south end of the above-described lot which has been dedicated as a right-of-way for highway and utility purposes BEING all of Lot No. 2 on the aforesaid subdivision plan, which is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68. LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is retained by Margaret R. Moore and is improved with an aluminum siding ranch house and block and frame garage with mailing address of R.D. #3,Box 2184,Newville,Pennsylvania 17241 THE LAND herein conveyed exclusive of the three(3) lots or parcels of land excepted and reserved; is all of a tract of land shown as No. I on said Final Subdivision Plan for Margaret R. Moore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on which there is erected a dwelling house, barn and other improvements with mailing address of R.D. # 3, Box 2192,Newville, Pennsylvania 17241. BEING the same real estate which Margaret R. Moore, widow, by Deed dated March 12, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book N-32, Page 713, conveyed to Zane R. Highlands and Vicki L. Highlands, Grantors herein. THE WITHIN conveyance is made under and subject,nevertheless,to building and use restrictions of record and to easements visible or of record. TRACT#2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the Land Subdivision for Iris McCrea as prepared by Samuel David Rynyon, R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 67 as follows, to wit: BEGINNING at a railroad spike set in S.R. 233 at the northwest comer of land now or formerly of Spencer A. Stamy; thence in said S.R. 233 along lands now or formerly of Joseph S. Blessing and lands now or formerly of Mary A. Salisbury,North nine (09) degrees thirty-two (32) minutes forty-seven(47) seconds East, one hundred eighty-eight and thirty-seven hundredths (188.37) feet to an existing nail and washer;thence in said S.R. 233 and along lands now or formerly of Richard C. Duble, North nine (09) degrees twenty-four(24) minutes forty-one (41) seconds East, three hundred sixty-nine and sixty-seven hundredths (369.67) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Johnson and Nancy B. Johnson,North nine (09) degrees fifty-two (52)minutes fifty-three (53) seconds East, one hundred twenty-one and ninety-six hundredths (121.96) feet to a railroad spike set; thence along same,North twelve (12) degrees thirty-six(3 6)minutes twenty-four (24) seconds East, one hundred fifty and zero hundredths (150.00) feet to a railroad spike set; thence in said S.R. 233 and along Lot#I on the above-referenced plan,North eighteen (18) degrees five (05) minutes twenty-six(26) seconds East,two hundred twenty-six and thirty-five hundredths (226.35) feet to a railroad spike set; thence by Lot# 1 the following eight courses and distances; North eighty-six (86)degrees thirty (30)minutes fifty-eight(58) seconds East, five hundred eighteen and eight hundredths (518.98) feet to an iron pin set;North seventy-seven (77) degrees thirty-one (3 1) minutes fifty-five (55) seconds East, eighty-six and twenty-six hundredths (86.26) feet to an iron pin set,North sixty-five (65) degrees forty-two (42) minutes twenty-six (26) seconds East, sixty- six and twenty-two hundredths (66.22) feet to an iron pin set;North sixty-two (62) degrees twenty-four(24)minutes fifty-six (56) seconds East, three hundred eighty and forty-nine hundredths (380.49) feet to an iron pin set;North fifty (5 0)degrees thirteen(13)minutes twenty (20) seconds East, one hundred sixty-six and thirty-one hundredths (166.31) feet to an iron pin set; North fourteen(14) degrees twenty-nine (29) minutes fifty (50) seconds West, four hundred ten and twenty hundredths (410.20) feet to an existing post;North eighty (80)degrees thirty- seven(37)minutes twenty-five (25) seconds East, eighty-seven and zero hundredths (87.00) feet to an iron pin set,North six(06)degrees ten(10)minutes three (03) seconds West,three hundred forty-five and ninety-nine hundredths (345.99) feet to an iron pin set at stones; thence along lands now or formerly of Franklin A. Oiler the following seventeen courses and distances: South fifty (50)degrees fifty-five(55) minutes twenty-eight(28) seconds East, one hundred thirty-seven and twenty-four hundredths (13 7.24)feet to an existing stone pile; South seventy-seven(77)degrees fifty-three(53) minutes fifteen(15) seconds East,three hundred sixty-three and one hundredths (363.01) feet to a point;North sixty-two (62) degrees forty-three (43) minutes thirty-five (3 5) seconds East, one hundred and forty-two hundredths(142.00) feet to a point;North thirty-nine (3 9) degrees five (05)minutes thirteen(13) seconds East, one hundred nine and ten hundreds (109.10) feet to a point,North sixty-eight(68)degrees twenty-four(24) minutes fifteen(15) seconds East, seventy-two and eighteen hundredths (72.18) feet to a point;North eighty-four(84) degrees twenty-five (25)minutes fifty (50) seconds East, fifty-four and twenty-five hundredths (54.25) feet to a point;North sixty-one (6 1)degrees thirty-eight(3 8)minutes fifty-two (52) seconds East, one hundred twenty-four and eight hundredths (124.08) feet to a point;North eighty-seven(87)degrees nineteen(19)minutes eighteen (18) seconds East, forty-one and seventy-eight hundredths (41.78) feet to a point;North seventy-two (72) degrees thirty-one (3 1) minutes twenty-eight(28) seconds East; three hundred thirty-seven and twenty-two hundredths (337.22) feet to a point;North forty (40) degrees twelve (12) minutes thirty (3 0) seconds East, fifty and eighty-two hundredths (50.82) feet to a point;North seventy-two (72) degrees twenty (20) minutes twenty-six(26) seconds East, one hundred six and sixty hundredths (106.60) feet to an existing stone pile,North twenty-nine (29) degrees thirty-nine (39) minutes thirty-two (32) seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a point; South eighty-eight(88) degrees thirty-five (35)minutes thirty-two (32) seconds East, fourteen and eighty-four hundredths(14.84) feet to an existing iron pin set at stone;North thirty-one(3 1) degrees one (0 1)minute thirty-seven(3 7) seconds East, one hundred sixty-five and zero hundredths(165.00) feet to an existing iron pin set at stones;North seventy-nine (79) degrees one(01)minute thirty-seven(37) seconds East, one hundred forty-eight and fifty hundredths (148.50) feet to an existing iron pin at stones; South twenty-six(26) degrees thirteen(13) minutes twenty-three(23) seconds East, one hundred ninety-eight and zero hundredths (198.00) feet to an existing post;North seventy-nine (79) degrees thirty-five (35) minutes twenty-six (26) seconds East, one thousand seventy-one and ninety-six hundredths (1,071.96) feet to an existing iron pin set at stones; thence along lands now or formerly of Grove Brother Lumber Co., South twenty-eight(28) degrees forty-eight(48)minutes fifty-three (53) seconds East, one thousand twenty-seven and eighty-four hundredths (1,027.84) feet to an iron pin set at stones; thence along lands now or formerly of Andrew M. McCrea, South two (02)degrees fifty-five (55)minutes forty-five(45) seconds East, one thousand seventy-two and fifty-seven hundredths (1,072.57) feet to an iron pin set at stones; thence along same, South eight-two (82) degrees forty (40) minutes forty-one (41) seconds West, two thousand two hundred eighty-two and twenty-two hundreds (2,2 82.22) feet to an existing stone pile; thence along same, South eighty-one (8 1) degrees fifty-three (53)minutes two (02) seconds West, seven hundred forty-seven and eighty- seven hundredths (747.87) feet to an existing post; thence along lands now or formerly of Zane Highlands, South eighty-two (82) degrees fifteen (15) minutes fifty-five (55) seconds West, one thousand two hundred ninety-five and ninety-three hundredths (1,295.93) feet to an iron pin set at stones;thence along same and lands now or formerly of Spencer A. Stamy, South sixty-five(65) degrees twelve(12) minutes thirteen(13) seconds West, four hundred six and ninety-nine hundredths (406.99) feet to a railroad spike set, the place of BEGINNING BEING Lot No. #2 on the Land Subdivision for Iris McCrea and containing 165.7265 acres net area. u Y BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June 19, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book"A", Volume 23, Page 124, unto Zane R. Highlands and Vicki L. Highlands, the Grantors herein. AND BEING the same which Zane R. Highlands and Vicki L. Highlands, husband and wife, by deed dated April 1, 1996 and recorded in Cumberland County Deed Book 137 at Page 170 conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in Common, each to an undivided one-half(1/2) interest, Grantors herein. Tract 2 herein is subject to rights of the Grantors,their heirs and assigns to use Private Right-of- Way A and Private Right-of-Way B as more fully shown and described in Cumberland County Plan Book 91, Page 94, for ingress and regress to and from other real estate retained by Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A private right-of-way agreement will be recorded simultaneously herewith. EXCEPTING PARCEL NO. 15-03-0059-053 EXCEPTING PARCEL NO. 15-03-0059-054 ,x ok ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012-2971 CIVIL TERM � { JULIE A. CHARLES :=r-1 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant C:) NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage,judgment or tax liens against the real estate of Julie A. Charles. Orrstown Bank 77 East King Street Shippensburg, PA 17257 SEDA-COG Local 201 Furnace Road Development Corporation Lewisburg, PA 17837 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Cumberland Domestic Relations 13 North Hanover Street Carlisle, PA 17013 PA SCDU P.O. Box 69110 Harrisburg, PA 17106 You are hereby notified that on September 4, 2013, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank v. Julie A. Charles, No. 2012-2971, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, real estate of Julie A. Charles, known and numbered 98 Hill Lane,Newville, Cumberland County, Pennsylvania, with a parcel number of 15-03-0059-042 and 127.4 acres +/- on Doubling Gap Road, Newville, Cumberland County, Pennsylvania with a parcel number of 15-04-0391-31A. A description of said real estate are hereto attached. You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten(10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. DATE: June 6, 2013 � David A. Baric, Esquire I.D. #44853 Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff w LEGAL DESCRIPTION TRACT# 1 ALL THAT CERTAIN tract of land located in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the State Road by corner of lands formerly of H.J. Fry, now or formerly of George Ginter; thence by said road,North 09 degrees East, 92.5 perches to corner of lands formerly of Jhon Barrick, now or formerly of Lucy Barrick; thence 65 3/4 degrees East, 24 perches to a point; thence North 81 3/4 degrees East, 80 perches to a point at corner of lands formerly of Joseph Salisbury, now or formerly of Lehman J. Hurley; thence South 47 1/4 degrees East, 105 perches to a point; thence South 40 1/2 degrees West, 12.1 perches to a stone; thence South 48 1/4 degrees East, 29.2 perches to a corner of lands of W H. McCrea Estate; thence South 44 3/4 degrees West, 18 perches to a point; thence South 32 3/4 degrees West, 38.5 perches to a point; thence North 52 1/2 degrees West, 47 perches to a point; thence South 36 3/4 degrees West, 64 perches to a stone in the public road leading to Bloserville; thence by said road and line of lands now or formerly of W.H. McCrea Estate,North 52 1/4 degrees West, 31.8 perches to a post; thence North 77 degrees West, 24.3 perches to a post; thence North 79 1/2 degrees West. 32.3 perches to a stone, formerly a white oak; thence.by lands formerly of H.J. Fry, now for formerly of George Ginter, North 13 3/4 degrees West, 22.44 perches to a stone, formerly a white oak; thence North 86 degrees West, 11.5 perches to a point in the State Road, the place of BEGINNING. EXCEPTING and reserving therefrom three (3) lots or parcels of land as follows: 1. Lot sold of H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated May 3, 1944, and recorded in Cumberland County Deed Book "V"Volume 12, Page 59. 2. Lot sold to H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated December 1, 1945, and recorded in Cumberland County Deed Book"I", Volume 13, Page 512. 3. All that certain tract of land with an aluminum siding ranch house and adjoining garage thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision survey prepared for Eugene A. Hockensmith, P.L.S., which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68, as follows: BEGINNING at a railroad spike in the centerline of L.R. 21082 at the southeast corner of lands now or formerly of George F. Ginter, et ux., which railroad spike is located 339.16 feet in an easterly direction along the centerline of L.R. 21082 from the intersection of the centerline of L.R. 21082 and Pennsylvania Route 233; thence from the Point of Beginning and running along the lands now or formerly of George F. Ginter; et ux., the following two (2) courses and distances: (1)North 18 degrees 29 minutes 09 seconds West a distance of 27.11 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and, (2)North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux.,North 18 degrees 29 minutes 09 seconds West a distance of 182.41 feet to an iron pin; thence along lands, of which this lot was formerly a part, about to be conveyed to Zane R. Highlands, the following five (5) courses and distances: (1)North 74 degrees 49 minutes 19 seconds East a distance of 243.50 feet to an iron pin; (2) South 53 degrees 24 minutes 51 seconds East a distance of 39.05 feet to an iron pin; (3) South 16 degrees 07 minutes 16 seconds West a distance of 288.48 feet to an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of 31.16 feet to an iron pin on the northerly dedicated right- of-way line of L.R. 21082; and (5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a railroad spike in the centerline of L.R. 21082; thence along the centerline of L.R. 21082 and a lot now or formerly of Walter G. Derr, et ux., North 85 degrees, 44 minutes 00 seconds West a distance of 7.00 feet to a P.K. Nail, thence continuing along the centerline of L.R. 21082 and lands now or formerly of Norman L. Reinford, Jr., et ux.,North 85 degrees 44 minutes 00 seconds West a distance of 59.18 feet to a railroad spike, the Place of BEGINNING. CONTAINING a total area of 1.2860 acres SUBJECT to a 25 foot wide strip of land at the south end of the above-described lot which has been dedicated as a right-of-way for highway and utility purposes BEING all of Lot No. 2 on the aforesaid subdivision plan, which is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68. LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is retained by Margaret R. Moore and is improved with an aluminum siding ranch house and block and frame garage with mailing address of R.D. # 3, Box 2184,Newville, Pennsylvania 17241 THE LAND herein conveyed exclusive of the three (3) lots or parcels of land excepted and reserved; is all of a tract of land shown as No. 1 on said Final Subdivision Plan for Margaret R. Moore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on which there is erected a dwelling house, barn and other improvements with mailing address of R.D. # 3, Box 2192, Newville, Pennsylvania 17241. BEING the same real estate which Margaret R. Moore, widow, by Deed dated March 12, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book N-32, Page 713, conveyed to Zane R. Highlands and Vicki L. Highlands, Grantors herein. THE WITHIN conveyance is made under and subject, nevertheless, to building and use restrictions of record and to easements visible or of record. TRACT# 2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the Land Subdivision for Iris McCrea as prepared by Samuel David Rynyon, R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 67 as follows, to wit: BEGINNING at a railroad spike set in S.R. 233 at the northwest corner of land now or formerly of Spencer A. Stamy; thence in said S.R. 233 along lands now or formerly of Joseph S. Blessing and lands now or formerly of Mary A. Salisbury,North nine (09) degrees thirty-two (32)minutes forty-seven(47) seconds East, one hundred eighty-eight and thirty-seven hundredths (188.37) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Duble,North nine (09) degrees-twenty-four(24)minutes forty-one (4 1) seconds East, three hundred sixty-nine and sixty-seven hundredths(369.67) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Johnson and Nancy B. Johnson, North nine (09) degrees fifty-two (52) minutes fifty-three (53) seconds East, one hundred twenty-one and ninety-six hundredths (121.96) feet to a railroad spike set; thence along same,North twelve (12) degrees thirty-six(36)minutes twenty-four(24) seconds East, one hundred fifty and zero hundredths (150.00) feet to a railroad spike set; thence in said S.R. 233 and along Lot#I on the above-referenced plan,North eighteen (18) degrees five (05)minutes twenty-six(26) seconds East, two hundred twenty-six and thirty-five hundredths (226.35) feet to a railroad spike set; thence by Lot# I the following eight courses and distances;North eighty-six (86) degrees thirty (30)minutes fifty-eight(58) seconds East, five hundred eighteen and eight hundredths(518.98) feet to an iron pin set;North seventy-seven(77) degrees thirty-one (3 1) minutes fifty-five (55) seconds East, eighty-six and twenty-six hundredths (86.26) feet to an iron pin set,North sixty-five(65)degrees forty-two (42) minutes twenty-six(26) seconds East, sixty- six and twenty-two hundredths (66.22) feet to an iron pin set;North sixty-two (62) degrees twenty-four(24)minutes fifty-six (56) seconds East,three hundred eighty and forty-nine hundredths (380.49) feet to an iron pin set; North fifty (5 0) degrees thirteen (13) minutes twenty (20)seconds East, one hundred sixty-six and thirty-one hundredths (166.31) feet to an iron pin set;North fourteen(14) degrees twenty-nine (29) minutes fifty (50) seconds West, four hundred ten and twenty hundredths (410.20) feet to an existing post;North eighty (80) degrees thirty- seven(37) minutes twenty-five (25) seconds East, eighty-seven and zero hundredths (87.00) feet to an iron pin set,North six (06) degrees ten(10)minutes three (03) seconds West,three hundred forty-five and ninety-nine hundredths (345.99) feet to an iron pin set at stones; thence along lands now or formerly of Franklin A. Oiler the following seventeen courses and distances: South fifty (50) degrees fifty-five (55) minutes twenty-eight(28) seconds East, one hundred thirty-seven and twenty-four hundredths (137.24)feet to an existing stone pile; South seventy-seven(77) degrees fifty-three (53) minutes fifteen (15) seconds East, three hundred sixty-three and one hundredths (363.01) feet to a point;North sixty-two (62) degrees forty—three (43) minutes thirty-five(35) seconds East, one hundred and forty-two hundredths (142.00) feet to a point; North thirty-nine (3 9) degrees five (05)minutes thirteen(13) seconds East, one hundred nine and ten hundreds (109.10) feet to a point, North sixty-eight(68) degrees twenty-four(24) minutes fifteen(15) seconds East, seventy-two and eighteen hundredths(72.'18) feet to a point;North eighty-four(84) degrees twenty-five (25) minutes fifty (50) seconds East, fifty-four and twenty-five hundredths (54.25)feet to a point;North sixty-one(61)degrees thirty-eight(38)minutes fifty-two (52) seconds East, one hundred twenty-four and eight hundredths (124.08) feet to a point;North eighty-seven(87) degrees nineteen (19)minutes eighteen (18) seconds East, forty-one and seventy-eight hundredths (41.78) feet to a point;North seventy-two (72) degrees thirty-one (3 1) minutes twenty-eight(28) seconds East; three hundred thirty-seven and twenty-two hundredths (337.22) feet to a point; North forty (40) degrees twelve (12) minutes thirty (3 0) seconds East, fifty and eighty-two hundredths (50.82)feet to a point;North seventy-two (72) degrees twenty (20) minutes twenty-six (26) seconds East, one hundred six and sixty hundredths (106.60) feet to an existing stone pile,North twenty-nine (29) degrees thirty-nine (39) minutes thirty-two (32) seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a point; South eighty-eight (88) degrees thirty-five (35)minutes thirty-two (32) seconds East, fourteen and eighty-four hundredths (14.84) feet to an existing iron pin set at stone;North thirty-one (3 1) degrees one (01)minute thirty-seven(37) seconds East, one hundred sixty-five and zero hundredths (165.00) feet to an existing iron pin set at stones;North seventy-nine (79) degrees one (01) minute thirty-seven (37) seconds East, one hundred forty-eight and fifty hundredths (148.50)feet to an existing iron pin at stones; South twenty-six(26)degrees thirteen(13) minutes twenty-three (23) seconds East, one hundred ninety-eight and zero hundredths (198.00) feet to an existing post; North seventy-nine (79)degrees thirty-five (35) minutes twenty-six (26) seconds East, one thousand seventy-one and ninety-six hundredths (1,071.96) feet to an existing iron pin set at stones; thence along lands now or formerly of Grove Brother Lumber Co., South twenty-eight(28) degrees forty-eight(48) minutes fifty-three (53) seconds East, one thousand twenty-seven and eighty-four hundredths (1,027.84) feet to an iron pin set at stones; thence along lands now or formerly of Andrew M. McCrea, South two (02) degrees fifty-five (55)minutes forty-five (45) seconds East, one thousand seventy-two and fifty-seven hundredths (1,072.57) feet to an iron pin set at stones; thence along same, South eight-two (82) degrees forty (40) minutes forty-one (4 1) seconds West, two thousand two hundred eighty-two and twenty-two hundreds (2,282.22) feet to an existing stone pile; thence along same, South eighty-one (81) degrees fifty-three (53)minutes two (02) seconds West, seven hundred forty-seven and eighty- seven hundredths (747.87) feet to an existing post; thence along lands now or formerly of Zane Highlands, South eighty-two (82) degrees fifteen(15) minutes fifty-five(5 5) seconds West, one thousand two hundred ninety-five and ninety-three hundredths (1,295.93) feet to an iron pin set at stones;thence along same and lands now or formerly of Spencer A. Stamy, South sixty-five (65) degrees twelve (12)minutes thirteen (13) seconds West, four hundred six and ninety-nine hundredths (406.99) feet to a railroad spike set, the place of BEGINNING BEING Lot No. #2 on the Land Subdivision for Iris McCrea and containing 165.7265 acres net area. BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June 19, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book"A", Volume 23, Page 124,unto Zane R. Highlands and Vicki L. Highlands,the Grantors herein. AND BEING the same which Zane R. Highlands and Vicki L. Highlands, husband and wife, by deed dated April 1, 1996 and recorded in Cumberland County Deed Book 137 at Page 170 conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in Common, each to an undivided one-half(112) interest, Grantors herein. Tract 2 herein is subject to rights of the Grantors,their heirs and assigns to use Private Right-of- Way A and Private Right-of-Way B as more fully shown and described in Cumberland County Plan Book 91, Page 94, for ingress and regress to and from other real estate retained by Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A private right-of-way agreement will be recorded simultaneously herewith. EXCEPTING PARCEL NO. 15-03-0059-053 EXCEPTING PARCEL NO. 15-03-0059-054 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012-2971 CIVIL TERM JULIE A. CHARLES ;e. y` 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE NEWVILLE, PA 17241, Defendant LID NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which are the subjects of this action and Notice of Sale are located at 98 Hill Lane,Newville, Cumberland County, Pennsylvania, with a parcel number of 15-03- 0059-042 and 127.4 acres +/- on Doubling Gap Road,Newville, Cumberland County, Pennsylvania with a parcel number of 15-04-0391-31A described as follows: TRACT# 1 ALL THAT CERTAIN tract of land located in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the State Road by corner of lands formerly of H.J. Fry, now or formerly of George Ginter; thence by said road,North 09 degrees East, 92.5 perches to corner of lands formerly of Jhon Barrick, now or formerly of Lucy Barrick; thence 65 3/4 degrees East, 24 perches to a point; thence North 813/4 degrees East, 80 perches to a point at corner of lands formerly of Joseph Salisbury, now or formerly of Lehman J. Hurley; thence South 47 1/4 degrees East, 105 perches to a point; thence South 40 1/2 degrees West, 12.1 perches to a stone; thence South 48 1/4 degrees East, 29.2 perches to a corner of lands of W H. McCrea Estate; thence South 44 3/4 degrees West, 18 perches to a point; thence South 32 3/4 degrees West, 38.5 perches to a point; thence North 52 1/2 degrees West, 47 perches to a point; thence South 36 3/4 degrees West, 64 perches to a stone in the public road leading to Bloserville; thence by said road and line of lands now or formerly of W.H. McCrea Estate,North 52 1/4 degrees West, 31.8 perches to a post; thence North 77 degrees West, 24.3 perches to a post; thence North 79 1/2 degrees West. 32.3 perches to a stone, formerly a white oak; thence by lands formerly of H.J. Fry, now for formerly of George Ginter,North 13 3/4 degrees West, 22.44 perches to a stone, formerly a white oak; thence North 86 degrees West, 11.5 perches to a point in the State Road, the place of BEGINNING. EXCEPTING and reserving therefrom three (3) lots or parcels of land as follows: 1. Lot sold of H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated May 3, 1944, and recorded in Cumberland County Deed Book"V"Volume 12, Page 59. 2. Lot sold to H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated December 1, 1945, and recorded in Cumberland County Deed Book"I", Volume 13, Page 512. 3. All that certain tract of land with an aluminum siding ranch house and adjoining garage thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision survey prepared for Eugene A. Hockensmith, P.L.S., which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68, as follows: BEGINNING at a railroad spike in the centerline of L.R. 21082 at the southeast comer of lands now or formerly of George F. Ginter,et ux., which railroad spike is located 339.16 feet in an easterly direction along the centerline of L.R. 21082 from the intersection of the centerline of L.R. 21082 and Pennsylvania Route 233; thence from the Point of Beginning and running along the lands now or formerly of George F. Ginter; et ux.,the following two (2) courses and distances: (1)North 18 degrees 29 minutes 09 seconds West a distance of 27.11 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and, (2)North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux.,North 18 degrees 29 minutes 09 seconds West a distance of 182.41 feet to an iron pin; thence along lands, of which this lot was formerly a part, about to be conveyed to Zane R. Highlands,the following five(5) courses and distances: (1)North 74 degrees 49 minutes 19 seconds East a distance of 243.50 feet to an iron pin; (2) South 53 degrees 24 minutes 51 seconds East a distance of 39.05 feet to an iron pin; (3) South 16 degrees 07 minutes 16 seconds West a distance of 288.48 feet to an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of 31.16 feet to an iron pin on the northerly dedicated right- of-way line of L.R. 21082; and (5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a railroad spike in the centerline of L.R. 21082;thence along the centerline of L.R. 21082 and a lot now or formerly of Walter G. Derr, et ux., North 85 degrees, 44 minutes 00 seconds West a distance of 7.00 feet to a P.K.Nail, thence continuing along the centerline of L.R. 21082 and lands now or formerly of Norman L. Reinford, Jr., et ux.,North 85 degrees 44 minutes 00 seconds West a distance of 59.18 feet to a railroad spike, the Place of BEGINNING. CONTAINING a total area of 1.2860 acres SUBJECT to a 25 foot wide strip of land at the south end of the above-described lot which has been dedicated as a right-of-way for highway and utility purposes BEING all of Lot No. 2 on the aforesaid subdivision plan, which is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68. LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is retained by Margaret R. Moore and is improved with an aluminum siding ranch house and block and frame garage with mailing address of R.D. # 3, Box 2184,Newville, Pennsylvania 17241 THE LAND herein conveyed exclusive of the three (3) lots or parcels of land excepted and reserved; is all of a tract of land shown as No. I on said Final Subdivision Plan for Margaret R. Moore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on which there is erected a dwelling house, barn and other improvements with mailing address of R.D. # 3, Box 2192,Newville, Pennsylvania 17241. BEING the same real estate which Margaret R. Moore, widow, by Deed dated March 12, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book N-32, Page 713, conveyed to Zane R. Highlands and Vicki L. Highlands, Grantors herein. THE WITHIN conveyance is made under and subject, nevertheless, to building and use restrictions of record and to easements visible or of record. TRACT#2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the Land Subdivision for Iris McCrea as prepared by Samuel David Rynyon, R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 67 as follows, to wit: BEGINNING at a railroad spike set in S.R. 233 at the northwest comer of land now or formerly of Spencer A. Stamy; thence in said S.R. 233 along lands now or formerly of Joseph S. Blessing and lands now or formerly of Mary A. Salisbury, North nine (09) degrees thirty-two (32)minutes forty-seven (47) seconds East, one hundred eighty-eight and thirty-seven hundredths (188.37)feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Duble,North nine (09) degrees twenty-four(24)minutes forty-one (41) seconds East, three hundred sixty-nine and sixty- seven hundredths (369.67) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Johnson and Nancy B. Johnson,North nine (09) degrees fifty-two (52)minutes fifty-three (53) seconds East, one hundred twenty-one and ninety-six hundredths (121.96)feet to a railroad spike set; thence along same,North twelve(12) degrees thirty-six(36)minutes twenty-four(24) seconds East, one hundred fifty and zero hundredths (150.00) feet to a railroad spike set; thence in said S.R. 233 and along Lot#I on the above-referenced plan,North eighteen (18) degrees five (05)minutes twenty-six (26) seconds East, two hundred twenty-six and thirty-five hundredths (226.35) feet to a railroad spike set; thence by Lot# I the following eight courses and distances; North eighty-six(86) degrees thirty (30) minutes fifty-eight (58) seconds East, five hundred eighteen and eight hundredths (518.98) feet to an iron pin set;North seventy- seven(77) degrees thirty-one (3 1)minutes fifty-five (5 5) seconds East, eighty-six and twenty-six hundredths (86.26) feet to an iron pin set,North sixty-five (65) degrees forty- two (42)minutes twenty-six (26) seconds East, sixty-six and twenty-two hundredths (66.22) feet to an iron pin set;North sixty-two (62) degrees twenty-four(24)minutes fifty-six(56) seconds East, three hundred eighty and forty-nine hundredths (380.49)feet to an iron pin set;North fifty (5 0) degrees thirteen(13) minutes twenty (20) seconds East, one hundred sixty-six and thirty-one hundredths(166.31) feet to an iron pin set;North fourteen(14) degrees twenty-nine(29)minutes fifty (50) seconds West, four hundred ten and twenty hundredths (410.20) feet to an existing post;North eighty (80) degrees thirty- seven (37)minutes twenty-five (25) seconds East, eighty-seven and zero hundredths (87.00) feet to an iron pin set,North six (06) degrees ten (10) minutes three (03) seconds West,three hundred forty-five and ninety-nine hundredths (345.99) feet to an iron pin set at stones; thence along lands now or formerly of Franklin A. Oiler the following seventeen courses and distances: South fifty (50) degrees fifty-five (55)minutes twenty- eight(28) seconds East, one hundred thirty-seven and twenty-four hundredths (137.24) feet to an existing stone pile; South seventy-seven (77) degrees fifty-three (53)minutes fifteen(15) seconds East,three hundred sixty-three and one hundredths (363.01) feet to a point; North sixty-two (62) degrees forty-three (43)minutes thirty-five (35) seconds East, one hundred and forty-two hundredths (142.00)feet to a point;North thirty-nine(39) degrees five (05) minutes thirteen(13) seconds East, one hundred nine and ten hundreds (109.10) feet to a point,North sixty-eight(68) degrees twenty-four(24) minutes fifteen (15) seconds East, seventy-two and eighteen hundredths (72.18) feet to a point;North eighty-four(84) degrees twenty-five(25) minutes fifty (50) seconds East, fifty-four and twenty-five hundredths (54.25) feet to a point;North sixty-one (61)degrees thirty-eight (38)minutes fifty-two (52) seconds East, one hundred twenty-four and eight hundredths (124.08) feet to a point;North eighty-seven (87) degrees nineteen(19)minutes eighteen (18) seconds East, forty-one and seventy-eight hundredths (41.78) feet to a point;North seventy-two (72) degrees thirty-one (3 1)minutes twenty-eight(28) seconds East; three hundred thirty-seven and twenty-two hundredths(337.22) feet to a point;North forty (40) degrees twelve (12) minutes thirty (30) seconds East, fifty and eighty-two hundredths (50.82) feet to a point;North seventy-two (72)degrees twenty (20)minutes twenty-six (26) seconds East, one hundred six and sixty hundredths (106.60) feet to an existing stone pile,North twenty-nine (29) degrees thirty-nine (39)minutes thirty-two (32) seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a point; South eighty-eight (88) degrees thirty-five (35) minutes thirty-two (32) seconds East, fourteen and eighty-four hundredths (14.84) feet to an existing iron pin set at stone;North thirty- one (3 1) degrees one (0 1) minute thirty-seven(3 7) seconds East, one hundred sixty-five and zero hundredths (165.00) feet to an existing iron pin set at stones;North seventy-nine (79)degrees one(01)minute thirty-seven(37) seconds East, one hundred forty-eight and fifty hundredths (148.50) feet to an existing iron pin at stones; South twenty-six(26) degrees thirteen(13)minutes twenty-three (23) seconds East, one hundred ninety-eight and zero hundredths (198.00) feet to an existing post;North seventy-nine (79) degrees thirty-five (35)minutes twenty-six(26) seconds East, one thousand seventy-one and ninety-six hundredths (1,071.96) feet to an existing iron pin set at stones; thence along lands now or formerly of Grove Brother Lumber Co., South twenty-eight(28) degrees forty-eight (48)minutes fifty-three (53) seconds East, one thousand twenty-seven and eighty-four hundredths (1,027.84) feet to an iron pin set at stones; thence along lands now or formerly of Andrew M. McCrea, South two (02) degrees fifty-five (55) minutes forty- five (45) seconds East, one thousand seventy-two and fifty-seven hundredths (1,072.57) feet to an iron pin set at stones; thence along same, South eight-two (82)degrees forty (40) minutes forty-one (41) seconds West, two thousand two hundred eighty-two and twenty-two hundreds (2,282.22) feet to an existing stone pile; thence along same, South eighty-one (81) degrees fifty-three (53)minutes two (02) seconds West, seven hundred forty-seven and eighty-seven hundredths (747.87)feet to an existing post; thence along lands now or formerly of Zane Highlands, South eighty-two (82) degrees fifteen(15) minutes fifty-five (55) seconds West, one thousand two hundred ninety-five and ninety- three hundredths (1,295.93)feet to an iron pin set at stones; thence along same and lands now or formerly of Spencer A. Stamy, South sixty-five (65) degrees twelve (12) minutes thirteen(13) seconds West, four hundred six and ninety-nine hundredths (406.99) feet to a railroad spike set, the place of BEGINNING BEING Lot No. #2 on the Land Subdivision for Iris McCrea and containing 165.7265 acres net area. BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June 19, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book"A", Volume 23, Page 124, unto Zane R. Highlands and Vicki L. Highlands,the Grantors herein. AND BEING the same which Zane R. Highlands and Vicki L. Highlands, husband and wife,by deed dated April 1, 1996 and recorded in Cumberland County Deed Book 137 at Page 170 conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in Common, each to an undivided one-half(1/2) interest, Grantors herein. Tract 2 herein is subject to rights of the Grantors, their heirs and assigns to use Private Right-of-Way A and Private Right-of-Way B as more fully shown and described in Cumberland County Plan Book 91, Page 94, for ingress and regress to and from other real estate retained by Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A private right-of-way agreement will be recorded simultaneously herewith. EXCEPTING PARCEL NO. 15-03-0059-053 EXCEPTING PARCEL NO. 15-03-0059-054 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is Wednesday, September 4, 2013 at 10:00 a.m., in the Sheriff s Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being held on Judgment entered in Orrstown Bank v. Julie A. Charles, docketed to 2012-2971 in the Court of Common Pleas of Cumberland County. 5) The name of the owner or reputed owner is Julie A. Charles. NOTICE OF SCHEDULING OF DISTRIBUTION 6) A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10) days thereafter. Respectfully submitted, ARI;CSM?ERER C Davi . Baric, Esquire I.D. #44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: June 6, 2013 LEGAL DESCRIPTION TRACT# 1 ALL THAT CERTAIN tract of land located in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the State Road by corner of lands formerly of H.J. Fry, now or formerly of George Ginter; thence by said road,North 09 degrees East, 92.5 perches to corner of lands formerly of Jhon Barrick, now or formerly of Lucy Barrick; thence 65 3/4 degrees East, 24 perches to a point; thence North 813/4 degrees East, 80 perches to a point at corner of lands formerly of Joseph Salisbury, now or formerly of Lehman J. Hurley; thence South 47 1/4 degrees East, 105 perches to a point; thence South 40 1/2 degrees West, 12.1 perches to a stone; thence South 48 1/4 degrees East, 29.2 perches to a corner of lands of W H. McCrea Estate; thence South 44 3/4 degrees West, 18 perches to a point; thence South 32 3/4 degrees West, 38.5 perches to a point; thence North 52 1/2 degrees West, 47 perches to a point; thence South 36 3/4 degrees West, 64 perches to a stone in the public road leading to Bloserville; thence by said road and line of lands now or formerly of W.H. McCrea Estate,North 52 1/4 degrees West, 31.8 perches to a post; thence North 77 degrees West, 24.3 perches to a post; thence North 79 1/2 degrees West. 32.3 perches to a stone, formerly a white oak; thence by lands formerly of H.J. Fry, now for formerly of George Ginter,North 13 3/4 degrees West, 22.44 perches to a stone, formerly a white oak; thence North 86 degrees West, 11.5 perches to a point in the State Road, the place of BEGINNING. EXCEPTING and reserving therefrom three (3) lots or parcels of land as follows: 1. Lot sold of H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated May 3, 1944, and recorded in Cumberland County Deed Book"V"Volume 12, Page 59., 2. Lot sold to H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith, husband and wife, dated December 1, 1945, and recorded in Cumberland County Deed Book"I", Volume 13, Page 512. 3. All that certain tract of land with an aluminum siding ranch house and adjoining garage thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision survey prepared for Eugene A. Hockensmith, P.L.S., which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68, as follows: BEGINNING at a railroad spike in the centerline of L.R. 21082 at the southeast corner of lands now or formerly of George F. Ginter, et ux., which railroad spike is located 339.16 feet in an easterly direction along the centerline of L.R. 21082 from the intersection of the centerline of L.R. 21082 and Pennsylvania Route 233; thence from the Point of Beginning and running along the lands now or formerly of George F. Ginter; et ux., the following two (2) courses and distances: (1)North 18 degrees 29 minutes 09 seconds West a distance of 27.11 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and, (2)North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux.,North 18 degrees 29 minutes 09 seconds West a distance of 182.41 feet to an iron pin; thence along lands, of which this lot was formerly a part, about to be conveyed to Zane R. Highlands, the following five (5) courses and distances: (1)North 74 degrees 49 minutes 19 seconds East a distance of 243.50 feet to an iron pin; (2) South 53 degrees 24 minutes 51 seconds East a distance of 39.05 feet to an iron pin; (3) South 16 degrees 07 minutes 16 seconds West a distance of 288.48 feet to an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of 31.16 feet to an iron pin on the northerly dedicated right- of-way line of L.R. 21082; and (5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a railroad spike in the centerline of L.R. 21082; thence along the centerline of L.R. 21082 and a lot now or formerly of Walter G. Derr, et ux.,North 85 degrees, 44 minutes 00 seconds West a distance of 7.00 feet to a P.K. Nail, thence continuing along the centerline of L.R. 21082 and lands now or formerly of Norman L. Reinford, Jr., et ux., North 85 degrees 44 minutes 00 seconds West a distance of 59.18 feet to a railroad spike, the Place of BEGINNING. CONTAINING a total area of 1.2860 acres SUBJECT to a 25 foot wide strip of land at the south end of the above-described lot which has been dedicated as a right-of-way for highway and utility purposes BEING all of Lot No. 2 on the aforesaid subdivision plan, which is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68. LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is retained by Margaret R. Moore and is improved with an aluminum siding ranch house and block and frame garage with mailing address of R.D. # 3, Box 2184,Newville, Pennsylvania 17241 THE LAND herein conveyed exclusive of the three (3) lots or parcels of land excepted and reserved; is all of a tract of land shown as No. 1 on said Final Subdivision Plan for Margaret R. Moore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on which there is erected a dwelling house, barn and other improvements with mailing address of R.D. # 3, Box 2192,Newville, Pennsylvania 17241. BEING the same real estate which Margaret R. Moore, widow, by Deed dated March 12, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book N-32, Page 713, conveyed to Zane R. Highlands and Vicki L. Highlands, Grantors herein. THE WITHIN conveyance is made under and subject, nevertheless, to building and use restrictions of record and to easements visible or of record. TRACT# 2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the Land Subdivision for Iris McCrea as prepared by Samuel David Rynyon, R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 67 as follows, to wit: BEGINNING at a railroad spike set in S.R. 233 at the northwest corner of land now or formerly of Spencer A. Stamy; thence in said S.R. 233 along lands now or formerly of Joseph S. Blessing and lands now or formerly of Mary A. Salisbury,North nine (09) degrees thirty-two (32) minutes forty-seven (47) seconds East, one hundred eighty-eight and thirty-seven hundredths (188.37) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Duble,North nine (09) degrees twenty-four (24) minutes forty-one (41) seconds East, three hundred sixty-nine and sixty-seven hundredths (369.67) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Johnson and Nancy B. Johnson,North nine (09) degrees fifty-two (52) minutes fifty-three (53) seconds East, one hundred twenty-one and ninety-six hundredths (121.96) feet to a railroad spike set; thence along same,North twelve (12) degrees thirty-six (3 6) minutes twenty-four(24) seconds East, one hundred fifty and zero hundredths (150.00) feet to a railroad spike set; thence in said S.R. 233 and along Lot#1 on the above-referenced plan,North eighteen (18) degrees five (0 5) minutes twenty-six (26) seconds East, two hundred twenty-six and thirty-five hundredths (226.35) feet to a railroad spike set; thence by Lot# 1 the following eight courses and distances; North eighty-six (86) degrees thirty (30) minutes fifty-eight(58) seconds East, five hundred eighteen and eight hundredths (518.98) feet to an iron pin set; North seventy-seven (77) degrees thirty-one (3 1) minutes fifty-five (55) seconds East, eighty-six and twenty-six hundredths (86.26) feet to an iron pin set,North sixty-five (65) degrees forty-two (42)minutes twenty-six (26) seconds East, sixty- six and twenty-two hundredths (66.22) feet to an iron pin set;North sixty-two (62) degrees twenty-four(24) minutes fifty-six(56) seconds East, three hundred eighty and forty-nine hundredths(380.49) feet to an iron pin set;North fifty (5 0) degrees thirteen (13)minutes twenty (20) seconds East, one hundred sixty-six and thirty-one hundredths (166.31) feet to an iron pin set;North fourteen(14) degrees twenty-nine(29)minutes fifty (50) seconds West, four hundred ten and twenty hundredths (410.20) feet to an existing post;North eighty (80) degrees thirty- seven(37)minutes twenty-five (25) seconds East, eighty-seven and zero hundredths (87.00) feet to an iron pin set,North six (06)degrees ten(10)minutes three (03) seconds West, three hundred forty-five and ninety-nine hundredths (345.99) feet to an iron pin set at stones; thence along lands now or formerly of Franklin A. Oiler the following seventeen courses and distances: South fifty (50) degrees fifty-five (55)minutes twenty-eight(28) seconds East, one hundred thirty-seven and twenty-four hundredths (137.24) feet to an existing stone pile; South seventy-seven(77) degrees fifty-three (53)minutes fifteen (15) seconds East,three hundred sixty-three and one hundredths (363.01) feet to a point;North sixty-two (62) degrees forty-three (43)minutes thirty-five(35) seconds East, one hundred and forty-two hundredths (142.00) feet to a point; North thirty-nine (3 9)degrees five(05)minutes thirteen(13) seconds East, one hundred nine and ten hundreds (109.10)feet to a point,North sixty-eight(68) degrees twenty-four(24) minutes fifteen(15) seconds East, seventy-two and eighteen hundredths (72,18) feet to a point;North eighty-four(84) degrees twenty-five (25) minutes fifty (50) seconds East, fifty-four and twenty-five hundredths (54.25) feet to a point;North sixty-one (6 1) degrees thirty-eight(3 8)minutes fifty-two (52) seconds East, one hundred twenty-four and eight hundredths(124.08) feet to a point; North eighty-seven(87)degrees nineteen(19)minutes eighteen(18) seconds East, forty-one and seventy-eight hundredths (41.78) feet to a point;North seventy-two (72)degrees thirty-one (3 1) minutes twenty-eight(28) seconds East; three hundred thirty-seven and twenty-two hundredths (337.22)feet to a point; North forty (40) degrees twelve(12)minutes thirty (3 0) seconds East, fifty and eighty-two hundredths (50.82) feet to a point;North seventy-two (72) degrees twenty (20)minutes twenty-six(26) seconds East, one hundred six and sixty hundredths(106.60) feet to an existing stone pile,North twenty-nine(29) degrees thirty-nine(39) minutes thirty-two (32) seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a point; South eighty-eight (88) degrees thirty-five (35) minutes thirty-two (32) seconds East, fourteen and eighty-four hundredths (14.84) feet to an existing iron pin set at stone; North thirty-one (3 1) degrees one(01)minute thirty-seven(37) seconds East, one hundred sixty-five and zero hundredths (165.00) feet to an existing iron pin set at stones;North seventy-nine (79)degrees one (0 1) minute thirty-seven(3 7) seconds East, one hundred forty-eight and fifty hundredths (148.50) feet to an existing iron pin at stones; South twenty-six (26) degrees thirteen (13) minutes twenty-three (23) seconds East, one hundred ninety-eight and zero hundredths(198.00) feet to an existing post;North seventy-nine (79)degrees thirty-five(35)minutes twenty-six(26) seconds East, one thousand seventy-one and ninety-six hundredths (1,071.96) feet to an existing iron pin set at stones; thence along lands now or formerly of Grove Brother Lumber Co., South twenty-eight(28) degrees forty-eight(48) minutes fifty-three (53) seconds East, one thousand twenty-seven and eighty-four hundredths (1,027.84)feet to an iron pin set at stones; thence along lands now or formerly of Andrew M. McCrea, South two (02) degrees fifty-five (55) minutes forty-five(45) seconds East, one thousand seventy-two and fifty-seven hundredths(1,072.57) feet to an iron pin set at stones; thence along same, South eight-two (82)degrees forty (40) minutes forty-one(41) seconds West, two thousand two hundred eighty-two and twenty-two hundreds (2,282,22) feet to an existing stone pile; thence along same, South eighty-one(8 1) degrees fifty-three (53) minutes two (02) seconds West, seven hundred forty-seven and eighty- seven hundredths (747.87) feet to an existing post; thence along lands now or formerly of Zane Highlands, South eighty-two (82) degrees fifteen(15)minutes fifty-five (5 5) seconds West, one thousand two hundred ninety-five and ninety-three hundredths (1,295.93)feet to an iron pin set at stones;thence along same and lands now or formerly of Spencer A. Stamy, South sixty-five (65) degrees twelve (12)minutes thirteen(13) seconds West, four hundred six and ninety-nine hundredths (406.99) feet to a railroad spike set,the place of BEGINNING BEING Lot No. #2 on the Land Subdivision for Iris McCrea and containing 165.7265 acres net area. BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June 19, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book"A",Volume 23, Page 124, unto Zane R. Highlands and Vicki L. Highlands,the Grantors herein. AND BEING the same which Zane R. Highlands and Vicki L. Highlands, husband and wife,by deed dated April 1, 1996 and recorded in Cumberland County Deed Book 137 at Page 170 conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in Common, each to an undivided one-half(112) interest, Grantors herein. Tract 2 herein is subject to rights of the Grantors,their heirs and assigns to use Private Right-of- Way A and Private Right-of-Way B as more fully shown and described in Cumberland County Plan Book 91, Page 94, for ingress and regress to and from other real estate retained by Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A private right-of-way agreement will be recorded simultaneously herewith. EXCEPTING PARCEL NO. 15-03-0059-053 EXCEPTING PARCEL NO. 15-03-0059-054 LEGAL DESCRIPTION TRACT# I ALL THAT CERTAIN tract of land located in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the State Road by corner of lands formerly of H.J. Fry,now or formerly of George Ginter; thence by said road,North 09 degrees East, 92.5 perches to comer of lands formerly of Jhon Barrick, now or formerly of Lucy Barrick; thence 65 3/4 degrees East, 24 perches to a point;thence North 813/4 degrees East, 80 perches to a point at comer of lands formerly of Joseph Salisbury, now or formerly of Lehman J. Hurley; thence South 47 1/4 degrees East, 105 perches to a point;thence South 40 1/2 degrees West, 12.1 perches to a stone; thence South 48 1/4 degrees East, 29.2 perches to a comer of lands of W H. McCrea Estate; thence South 44 3/4 degrees West, 18 perches to a point; thence South 32 3/4 degrees West, 38.5 perches to a point; thence North 52 1/2 degrees West, 47 perches to a point; thence South 36 3/4 degrees West, 64 perches to a stone in the public road leading to Bloserville; thence by said road and line of lands now or formerly of W.H. McCrea Estate,North 52 1/4 degrees West, 31.8 perches to a post; thence North 77 degrees West, 24.3 perches to a post; thence North 79 1/2 degrees West. 32.3 perches to a stone, formerly a white oak; thence by lands formerly of H.J. Fry, now for formerly of George Ginter,North 13 3/4 degrees West, 22.44 perches to a stone, formerly a white oak; thence North 86 degrees West, 11.5 perches to a point in the State Road, the place of BEGINNING. EXCEPTING and reserving therefrom three (3) lots or parcels of land as follows: 1. Lot sold of H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith,husband and wife, dated May 3, 1944, and recorded in Cumberland County Deed Book"V"Volume 12, Page 59. 2. Lot sold to H.A. Hoover and Iva M. Hoover, husband and wife, by deed of Mervin D. Smith and Myrtle Caroline Smith,husband and wife, dated December 1, 1945, and recorded in Cumberland County Deed Book"I", Volume 13, Page 512. 3. All that certain tract of land with an aluminum siding ranch house and adjoining garage thereon erected, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described in accordance with a subdivision survey prepared for Eugene A. Hockensmith, P.L.S.,which survey is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68, as follows: BEGINNING at a railroad spike in the centerline of L.R. 21082 at the southeast corner of lands now or formerly of George F. Ginter, et ux., which railroad spike is located 339.16 feet in an easterly direction along the centerline of L.R. 21082 from the intersection of the centerline of L.R. 21082 and Pennsylvania Route 233;thence from the Point of Beginning and running along the lands now or formerly of George F. Ginter; et ux., the following two (2) courses and distances: (1)North 18 degrees 29 minutes 09 seconds West a distance of 27.11 feet to an iron pin on the northerly dedicated right-of-way line of L.R. 21082; and, (2)North 18 degrees 29 minutes 09 seconds West a distance of 89.89 feet to an iron pin; thence along lands now or formerly of Franklin A. Oiler, et ux., North 18 degrees 29 minutes 09 seconds West a distance of 182.41 feet to an iron pin; thence along lands, of which this lot was formerly a part, about to be conveyed to Zane R. Highlands, the following five (5) courses and distances: (1)North 74 degrees 49 minutes 19 seconds East a distance of 243.50 feet to an iron pin; (2) South 53 degrees 24 minutes 51 seconds East a distance of 39.05 feet to an iron pin; (3) South 16 degrees 07 minutes 16 seconds West a distance of 288.48 feet to an iron pin; (4) South 25 degrees 52 minutes 05 seconds West a distance of 31.16 feet to an iron pin on the northerly dedicated right- of-way line of L.R. 21082; and (5) South 25 degrees 52 minutes 05 seconds West a distance of 26.89 feet to a railroad spike in the centerline of L.R. 21082; thence along the centerline of L.R. 21082 and a lot now or formerly of Walter G. Derr, et ux.,North 85 degrees, 44 minutes 00 seconds West a distance of 7.00 feet to a P.K. Nail, thence continuing along the centerline of L.R. 21082 and lands now or formerly of Norman L. Reinford, Jr., et ux.,North 85 degrees 44 minutes 00 seconds West a distance of 59.18 feet to a railroad spike, the Place of BEGINNING. CONTAINING a total area of 1.2860 acres SUBJECT to a 25 foot wide strip of land at the south end of the above-described lot which has been dedicated as a right-of-way for highway and utility purposes BEING all of Lot No. 2 on the aforesaid subdivision plan, which is dated December 18, 1986, and recorded in Cumberland County Plan Book 52, Page 68. LOT No. 2 above described as the third lot or parcel of land excepted and reserved, is retained by Margaret R. Moore and is improved with an aluminum siding ranch house and block and frame garage with mailing address of R.D. # 3, Box 2184,Newville, Pennsylvania 17241 THE LAND herein conveyed exclusive of the three (3) lots or parcels of land excepted and reserved; is all of a tract of land shown as No. 1 on said Final Subdivision Plan for Margaret R. Moore recorded in Plan Book 52, Page 68, and contains an area of approximately 135 acres on which there is erected a dwelling house, barn and other improvements with mailing address of R.D. # 3, Box 2192,Newville, Pennsylvania 17241. BEING the same real estate.which Margaret R. Moore, widow, by Deed dated March 12, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book N-32, Page 713, conveyed to Zane R. Highlands and Vicki L. Highlands, Grantors herein. THE WITHIN conveyance is made under and subject, nevertheless, to building and use restrictions of record and to easements visible or of record. TRACT# 2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the Land Subdivision for Iris McCrea as prepared by Samuel David Rynyon, R.S., dated February 21, 1989 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 67 as follows, to wit: BEGINNING at a railroad spike set in S.R. 233 at the northwest comer of land now or formerly of Spencer A. Stamy; thence in said S.R. 233 along lands now or formerly of Joseph S. Blessing and lands now or formerly of Mary A. Salisbury,North nine (09)degrees thirty-two (32)minutes forty-seven(47) seconds East, one hundred eighty-eight and thirty-seven hundredths (188.37) feet to an existing nail and washer;thence in said S.R. 233 and along lands now or formerly of Richard C. Duble,North nine (09) degrees twenty-four(24) minutes forty-one (41) seconds East, three hundred sixty-nine and sixty-seven hundredths(369.67) feet to an existing nail and washer; thence in said S.R. 233 and along lands now or formerly of Richard C. Johnson and Nancy B. Johnson,North nine (09) degrees fifty-two (52) minutes fifty-three (53) seconds East, one hundred twenty-one and ninety-six hundredths(121.96) feet to a railroad spike set; thence along same,North twelve (12) degrees thirty-six(3 6) minutes twenty-four(24) seconds East, one hundred fifty and zero hundredths (150.00) feet to a railroad spike set; thence in said S.R. 233 and along Lot#I on the above-referenced plan,North eighteen (18) degrees five (05) minutes twenty-six(26) seconds East, two hundred twenty-six and thirty-five hundredths (226.35) feet to a railroad spike set; thence by Lot# I the following eight courses and distances;North eighty-six (86) degrees thirty (30) minutes fifty-eight (58) seconds East, five hundred eighteen and eight hundredths(518.98) feet to an iron pin set;North seventy-seven (77) degrees thirty-one (3 1) minutes.fifty-five (55) seconds East, eighty-six and twenty-six hundredths (86.26) feet to an iron pin set,North sixty-five (65) degrees forty-two (42) minutes twenty-six(26) seconds East, sixty- six and twenty-two hundredths (66.22) feet to an iron pin set;North sixty-two (62) degrees twenty-four(24)minutes fifty-six (56) seconds East, three hundred eighty and forty-nine hundredths (380.49) feet to an iron pin set;North fifty (5 0) degrees thirteen(13)minutes twenty (20) seconds East, one hundred sixty-six and thirty-one hundredths (166.31) feet to an iron pin set;North fourteen (14) degrees twenty-nine (29) minutes fifty (5 0) seconds West, four hundred ten and twenty hundredths (410.20) feet to an existing post;North eighty (80) degrees thirty- seven (37) minutes twenty-five (25) seconds East, eighty-seven and zero hundredths (87.00) feet to an iron pin set,North six (06) degrees ten(10)minutes three (03) seconds West,three hundred forty-five and ninety-nine hundredths (345.99) feet to an iron pin set at stones; thence along lands now or formerly of Franklin A. Oiler the following seventeen courses and distances: South fifty (50) degrees fifty-five (55) minutes twenty-eight(28) seconds East, one hundred thirty-seven and twenty-four hundredths (13 7.24) feet to an existing stone pile; South seventy-seven(77)degrees fifty-three (5 3)minutes fifteen(15) seconds East,three hundred sixty-three and one hundredths (363.01) feet to a point;North sixty-two (62)degrees forty-three (43)minutes thirty-five(35) seconds East, one hundred and forty-two hundredths(142.00)feet to a point;North thirty-nine (39) degrees five (05)minutes thirteen(13) seconds East, one hundred nine and ten hundreds (109.10) feet to a point,North sixty-eight(68)degrees twenty-four (24)minutes fifteen(15) seconds East, seventy-two and eighteen hundredths(72.18) feet to a point;North eighty-four(84) degrees twenty-five (25)minutes fifty (50) seconds East, fifty-four and twenty-five hundredths (54.25)feet to a point; North sixty-one (6 1)degrees thirty-eight(3 8)minutes fifty-two (52) seconds East, one hundred twenty-four and eight hundredths (124.08) feet to a point;North eighty-seven(87) degrees nineteen(19)minutes eighteen(18) seconds East, forty-one and seventy-eight hundredths (41.78) feet to a point;North seventy-two (72) degrees thirty-one(3 1) minutes twenty-eight(28) seconds East; three hundred thirty-seven and twenty-two hundredths (337.22) feet to a point;North forty (40) degrees twelve(12)minutes thirty (3 0) seconds East, fifty and eighty-two hundredths (50.82)feet to a point;North seventy-two (72) degrees twenty (20)minutes twenty-six (26) seconds East, one hundred six and sixty hundredths (106.60) feet to an existing stone pile,North twenty-nine (29)degrees thirty-nine(39) minutes thirty-two (32) seconds East, one hundred sixty-nine and sixty-three hundredths (169.63) feet to a point; South eighty-eight(88)degrees thirty-five (35)minutes thirty-two (32) seconds East, fourteen and eighty-four hundredths (14.84) feet to an existing iron pin set at stone;North thirty-one(3 1) degrees one (0 1) minute thirty-seven(3 7) seconds East, one hundred sixty-five and zero hundredths (165.00) feet to an existing iron pin set at stones;North seventy-nine (79) degrees one (01)minute thirty-seven (37) seconds East, one hundred forty-eight and fifty hundredths (148.50) feet to an existing iron pin at stones; South twenty-six (26) degrees thirteen(13) minutes twenty-three (23) seconds East, one hundred ninety-eight and zero hundredths (19'8.00) feet to an existing post;North seventy-nine(79)degrees thirty-five (35)minutes twenty-six (26) seconds East, one thousand seventy-one and ninety-six hundredths (1,071.96) feet to an existing iron pin set at stones; thence along lands now or formerly of Grove Brother Lumber Co., South twenty-eight(28) degrees forty-eight(48) minutes fifty-three (53) seconds East, one thousand twenty-seven and eighty-four hundredths (1,027.84) feet to an iron pin set at stones; thence along lands now or formerly of Andrew M. McCrea, South two (02) degrees fifty-five (55)minutes forty-five (45) seconds East, one thousand seventy-two and fifty-seven hundredths (1,072.57) feet to an iron pin set at stones; thence along same, South eight-two (82) degrees forty (40) minutes forty-one (41) seconds West,two thousand two hundred eighty-two and twenty-two hundreds (2,282.22) feet to an existing stone pile; thence along same, South eighty-one (8 1) degrees fifty-three(53) minutes two (02) seconds West, seven hundred forty-seven and eighty- seven hundredths (747.87) feet to an existing post; thence along lands now or formerly of Zane Highlands, South eighty-two (82) degrees fifteen(15)minutes fifty-five (55) seconds West, one thousand two hundred ninety-five and ninety-three hundredths (1,295,93) feet to an iron pin set at stones; thence along same and lands now or formerly of Spencer A. Stamy, South sixty-five(65) degrees twelve (12)minutes thirteen(13) seconds West, four hundred six and ninety-nine hundredths (40699) feet to a railroad spike set, the place of BEGINNING BEING Lot No. #2 on the Land Subdivision for Iris McCrea and containing 165,7265 acres,net area. BEING the same premises conveyed by Iris W. McCrea, widow, by deed dated June 19, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book"A", Volume 23, Page 124, unto Zane R. Highlands and Vicki L. Highlands,the Grantors herein. AND BEING the same which Zane R. Highlands and Vicki L. Highlands, husband and wife,by deed dated April 1, 1996 and recorded in Cumberland County Deed Book 137 at Page 170 conveyed to Zane R. Highlands and Vicki L. Highlands, as Tenants-in Common, each to an undivided one-half(1/2) interest, Grantors herein. Tract 2 herein is subject to rights of the Grantors,their heirs and assigns to use Private Right-of- Way A and Private Right-of-Way B as more fully shown and described in Cumberland County Plan Book 91, Page 94, for ingress and regress to and from other real estate retained by Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A private right-of-way agreement will be recorded simultaneously herewith. EXCEPTING PARCEL NO. 15-03-0059-053 EXCEPTING PARCEL NO. 15-03-0059-054 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF . 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff C:: ' V. NO. 2012-2971 CIVIL TERM z� c ; Z-0 JULIE A. CHARLES rte- CO a 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE Q ..� , NEWVILLE, PA 17241, 'x ' ' Defendant m AMENDED AFFIDAVIT OF ADDRESS I,David A. Baric, Esquire, do hereby affirm that the last known address of the Defendant, Julie A. Charles is 62 South High Street,Newville, Cumberland County, Pennsylvania 17241 and that the Defendant is the owner of the mortgaged properties known as 98 Hill Lane, Newville, Cumberland County, Pennsylvania 17241 and 127.4 acres +/- on Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. iARI SCHE LLC - David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 18TH DAY OF JUNE, 2013. r Notaj�pl is COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S.Lindsay,Notary Public Carlisle Boro,Cumberiand county My Commission Expires Nov.29,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff V. NO. 2012- 2971 CIVIL TERM JULIE A. CHARLES 62 SOUTH HIGH STREET MORTGAGE FORECLOSURE ; NEWVILLE, PA 17241, zz Defendant =M M « .z v3 r— r j v is cp AFFIDAVIT OF SERVICE OF NOTICE cAa r; OF SALE UNDER PA.R.C.P. 3129.2 p } I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, -Bk C SCHERER LLC U, j David A. Baric, Esquire I.D. 44853 19 West South Street Date: July 25, 2013 Carlisle, Pennsylvania 17013 (717) 249-6873 UNITEDSrATES POST4LSERVKEe $� Certificate Of Mailinc _ a This Certificate of Melling provides evidence that mail has been presented to USP88 for mailing ° 0 This lorm may be used for domestic and international mat. From: 1 1 ° M VI che+�v C W N WeS4 &A S cd Carlisle, pR 1�a13 ° L n C To: Yrshwn &nK °fg Dr CD ON�I�r+D• asf C(IIO(n.-.� 111 .°'irJ �V wm°°n R 1-7a C= 00 m PS Form 3817,April 2007 PSN 7530-02-000-9065 r-- UNITEDSTATES ON POSTAL SERVKE° Certificate Of Mailing $? This Certificate of Maiing provides evidence that mall has been presented to USPS®for mailing. ° O This forth may be used forr domestic and Intem(etlonnei�moo. a From. Lvt/ ° m Iq WIF14 So strt& arlisk..NR 11D13 Te: Cum and Coup 7a Claim &V?AtA o{g J-j N our q4 S u4yv CA r isles 24'Wm°° r-C� W -O D 00 D C) m PS Form 3817,April 2007 PSN 7530-02-000-9065 ,�1 uN�DST,aTEs �I POSTdt SERVICE® $� Certificate Of Mailin This Certificate of Meiir�a provides evidence that mail has been presented to USPS®for meting. °° H O This form ey be,used ford mesticeandd international met. From: I � /N LLC, �m ar ' l P A 11 To: and CoU Domes-hr, q}-j DER Dr tau OF..a ON�I�D� aneU Ir _(`�Irlisk.. P� 1�0l3 �rJ —I`wm C ;_0 =) w n m PS Forth 3817,April 2007 PSN 7530-02-000-9065 s UNnW SId7M fi&FAL RVlCE° Certificate Of Mailin _ $c This Cenificete of Mailin providas evidence that mail has been presented to USPSS for mailing. o p This formgey bbe used"f loo�rn.stitiic and international mail. oo m From: y1a1'� J��r4W live/ 11�� \�ou Yu�- m rl� t, PA 1 U13 To: SC�U M2 p- ONV.ri� arrisbur , PR I'11�b cD WDL) M PS Forth 3817,April 2007 PSN 7530-02-000-9065 UNnW STd7M FOSTd[SERV/CE's 8 c This Corti orMaain Certificate Of Mailin This form me Drowdes evidence Mret mail has been presented to USPSC9 for mailing, ° m ,/J y�nbe usetl ornd,Iowmnest✓ic end international mall. From: KUf u SAe rW L� o A c+ I �t-2� g%&e1 CaA To: r171A O o C D C L4Cal ofg af- �/^.,1( oH� ONV��N ur ^^ �.-Wrn (n �`.../ W MA a ° M PS Forst 3817,April 2007 PSN 7530-02-000-9065 �. SHERIFF'S OFFICE OF CUMBERLAND COUNTY *y Ronny R Anderson w Sheriff i rr.i, Jody S Smith Chief Deputy Richard W Stewart � Solicitor OFFICE OF THE SHERIFF t tam j `(LVA 4j/ � Orrstown Bank Case Number vs. Julie Ann Charles 2012-2971 SHERIFF'S RETURN OF SERVICE 07/05/2013 04:48 PM-Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 98 Hill Lane, Lower Mifflin -Township, Newville, PA 17241, Cumberland County. 07/05/2013 04:48 PM -Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant,to wit: Julie Ann Charles at 98 Hill Lane, Lower Mifflin Twp, Newville, PA 17241, Cumberland County. 09/04/2013 As directed by David A Baric,Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 10/02/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA Cumberland County, on October 2, 2013 at 10:00 a.m.. He sold the same for the sum of$600,000.00 to Administrator U.S. Small Business Administration, an Agency of the United States Government, 2120 Riverfront Drive, Suite 100, Little Rock,AR 72202, being the buyer in this execution, paid to the Sheriff the sum of$ 11/05/2013 Distribution of Schedule as Proposed SHERIFF COST: $12,408.04 SO ANSWERS, November 05, 2013 RbNW R ANDERSON, SHERIFF q�7• Dj� pot. " . as ( ore, •�' a 9fr.Sy� rC)COUMYSUife Sheriff:Teleosoft.lac. On June 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered as, 98 Hill Lane, Newville, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 13, 2013 By: r--r v - Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-2971 Civil Term to a point in the State Road,the place of BEGINNING. ORRSTOWN BANK EXCEPTING and reserving there- vs. from three(3)lots or parcels of land JULIE ANN CHARLES as follows: 1.Lot sold of H.A.Hoover and Iva Atty.: David A. Baric M. Hoover, husband and wife, by TRACT# 1 deed of Mervin D. Smith and Myrtle ALL THAT CERTAIN tract of land Caroline Smith, husband and wife, located in Lower Mifflin Township, dated May 3, 1944, and recorded in Cumberland County, Pennsylvania, Cumberland County Deed Book"V" more particularly bounded and de- Volume 12,Page 59. scribed as follows: 2. Lot sold to H.A. Hoover and BEGINNING at a point in the State Iva M.Hoover,husband and wife,by Road by comer of lands formerly of deed of Mervin D. Smith and Myrtle H.J. Fry, now or formerly of George Caroline Smith, husband and wife, Ginter; thence by said road, North dated December 1, 1945, and re- 09 degrees East, 92.5 perches to corded in Cumberland County Deed corner of lands formerly of Jhon Book"I",Volume 13,Page 512. Barrick, now or formerly of Lucy 3.All that certain tract of land with Barrick;thence 65 3/4 degrees East, an aluminum siding ranch house and 24 perches to a point; thence North adjoining garage thereon erected, 81 3/4 degrees East, 80 perches to situate in Lower Mifflin Township, a point at corner of lands formerly of Cumberland County, Pennsylvania, Joseph Salisbury, now or formerly bounded and described in accor- of Lehman J. Hurley; thence South dance with a subdivision survey 47 1/4 degrees East, 105 perches prepared for Eugene A. Hocken- to a point;thence South 40 1/2 de- smith,P.L.S.,which survey is dated grees West, 12.1 perches to a stone; December 18, 1986,and recorded in thence South 48 1/4 degrees East, Cumberland County Plan Book 52, 29.2 perches to a corner of lands of page 68,as follows: W H. McCrea Estate; thence South BEGINNING at a railroad spike 44 3/4 degrees West, 18 perches in the centerline of L.R. 21082 at to a point;thence South 32 3/4 de- the southeast corner of lands now grees West, 38.5 perches to a point; or formerly of George F. Ginter, et thence North 52 1/2 degrees West, ux., which railroad spike is located 47 perches to a point;thence South 339.16 feet in an easterly direction 36 3/4 degrees West, 64 perches to along the centerline of L.R. 21082 a stone in the public road leading from the intersection of the center- to Bloserville; thence by said road line of L.R. 21082 and Pennsylvania and line of lands now or formerly of Route 233;thence from the Point of W.H. McCrea Estate, North 52 1/4 Beginning and running along the degrees West,31.8 perches to a post; lands now or formerly of George F. thence North 77 degrees West, 24.3 Ginter; et ux., the following two (2) perches to a post; thence North 79 courses and distances: (1) North 1/2 degrees West. 32.3 perches to a 18 degrees 29 minutes 09 seconds stone, formerly a white oak; thence West a distance of 27.11 feet to an by lands formerly of H.J.Fry,now for iron pin on the northerly dedicated formerly of George Ginter, North 13 right-of-way line of L.R. 21082;and, 3/4 degrees West, 22.44 perches to (2) North 18 degrees 29 minutes 09 a stone,formerly a white oak;thence seconds West a distance of 89.89 feet North 86 degrees West, 11.5 perches to an iron pin; thence along lands 31 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 now or formerly of Franklin A. Oiler, block and frame garage with mail- et ux.,North 18 degrees 29 minutes ing address of RD. #3, Box 2184, 09 seconds West a distance of 182.41 Newville,Pennsylvania 17241. feet to an iron pin; thence along THE LAND herein conveyed exclu- lands,of which this lot was formerly sive of the three(3)lots or parcels of apart, about to be conveyed to Zane land excepted and reserved;is all of a R. Highlands, the following five (5) tract of land shown as No. 1 on said courses and distances: (1) North 74 Final Subdivision Plan for Margaret degrees 49 minutes 19 seconds East R. Moore recorded in Plan Book 52, a distance of 243.50 feet to an iron Page 68,and contains an area of ap- pin;(2)South 53 degrees 24 minutes proximately 135 acres on which there 51 seconds East a distance of 39.05 is erected a dwelling house,barn and feet to an iron pin; (3) South 16 de- other improvements with mailing ad- grees 07 minutes 16 seconds West dress of R.D.#3,Box 2192,Newville, a distance of 288.48 feet to an iron Pennsylvania 17241. pin;(4)South 25 degrees 52 minutes BEING the same real estate which 05 seconds West a distance of 31.16 Margaret R. Moore, widow, by Deed feet to an iron pin on the northerly dated March 12, 1987,and recorded dedicated right of-way line of L.R. in the Office of the Recorder of Deeds 21082; and (5) South 25 degrees 52 in and for Cumberland County, minutes 05 seconds West a distance Pennsylvania, in Deed Book N-32, of 26.89 feet to a railroad spike in Page 713, conveyed to Zane R. the centerline of L.R. 21082;thence Highlands and Vicki L. Highlands, along the centerline of L.R. 21082 Grantors herein. and a lot now or formerly of Walter THE WITHIN conveyance is made G. Den,et ux.,North 85 degrees,44 under and subject, nevertheless, minutes 00 seconds West a distance to building and use restrictions of of 7.00 feet to a P.K. Nail, thence record and to easements visible or continuing along the centerline of of record. L.R. 21082 and lands now or for- TRACT#2 merly of Norman L. Reinford,Jr., et ALL THAT CERTAIN tract of land ux., North 85 degrees 44 minutes with the improvements thereon erect- 00 seconds West a distance of 59.18 ed situate in Lower Mifflin Township, feet to a railroad spike, the Place of Cumberland County, Pennsylvania, BEGINNING. bounded and described according CONTAINING a total area of to the Land Subdivision for Iris Mc- 1.2860 acres. Crea as prepared by Samuel David SUBJECT to a 25 foot wide strip Rynyon, R.S., dated February 21, of land at the south end of the above- 1989 and recorded in the office of described lot which has been dedi- the Recorder of Deeds in and for cated as a right-of-way for highway Cumberland County in Plan Book 58, and utility purposes. Page 67 as follows,to wit: BEING all of Lot No. 2 on the BEGINNING at a railroad spike set aforesaid subdivision plan, which in S.R. 233 at the northwest corner is dated December 18, 1986, and of land now or formerly of Spencer A. recorded in Cumberland County Plan Stamy;thence in said S.R.233 along Book 52,Page 68. lands now or formerly of Joseph S. LOT No. 2 above described as the Blessing and lands now or formerly third lot or parcel of land excepted of Mary A. Salisbury, North nine and reserved,is retained by Margaret (09) degrees thirty-two (32) minutes R. Moore and is improved with an forty-seven (47) seconds East, one aluminum siding ranch house and hundred eighty-eight and thirty- 32 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 seven hundredths(188.37)feet to an nine (29) minutes fifty (50) seconds existing nail and washer; thence in West, four hundred ten and twenty said S.R.233 and along lands now or hundredths(410.20)feet to an exist- formerly of Richard C. Duble, North ing post; North eighty (80) degrees nine (09) degrees twenty-four (24) thirty-seven(37)minutes twenty-five minutes forty-one(4 1)seconds East, (25) seconds East, eighty-seven and three hundred sixty-nine and sixty- zero hundredths (87.00) feet to an seven hundredths(369.67)feet to an iron pin set, North six (06) degrees existing nail and washer; thence in ten (10) minutes three (03) seconds said S.R. 233 and along lands now West, three hundred forty-five and or formerly of Richard C. Johnson ninety-nine hundredths (345.99) and Nancy B. Johnson, North nine feet to an iron pin set at stones; (09) degrees fifty-two (52) minutes thence along lands now or formerly fifty-three (53) seconds East, one of Franklin A. Oiler the following hundred twenty-one and ninety-six seventeen courses and distances: hundredths(121.96)feet to a railroad South fifty(50)degrees fifty-five(55) spike set; thence along same, North minutes twenty-eight (28) seconds twelve (12) degrees thirty-six (36) East, one hundred thirty-seven and minutes twenty-four (24) seconds twenty-four hundredths (137.24) East, one hundred fifty and zero feet to an existing stone pile; South hundredths(150.00)feet to a railroad seventy-seven(77)degrees fifty-three spike set;thence in said S.R.233 and (53) minutes fifteen (15) seconds along Lot#1 on the above-referenced East,three hundred sixty-three and plan,North eighteen(18)degrees five one hundredths (363.01) feet to a (05)minutes twenty-six(26)seconds point; North sixty-two (62) degrees East, two hundred twenty-six and forty-three (43) minutes thirty-five thirty-five hundredths (226.35) feet (35)seconds East,one hundred and to a railroad spike set; thence by forty-two hundredths (142.00) feet Lot # 1 the following eight courses to a point; North thirty-nine (39) and distances; North eighty-six(86) degrees five (05) minutes thirteen degrees thirty(30)minutes fifty-eight (13)seconds East,one hundred nine (58)seconds East,five hundred eigh- and ten hundreds (109.10) feet to a teen and eight hundredths(518.98) point, North sixty-eight(68) degrees feet to an iron pin set;North seventy- twenty-four (24) minutes fifteen seven (77) degrees thirty-one (31) (15) seconds East, seventy-two and minutes fifty-five (55) seconds East, eighteen hundredths(72.18)feet to a eighty-six and twenty-six hundredths point;North eighty-four(84)degrees (86.26)feet to an iron pin set,North twenty-five(25)minutes fifty(50)sec- sixty-five (65) degrees forty-two (42) onds East,fifty-four and twenty-five minutes twenty-six (26) seconds hundredths (54.25) feet to a point; East, sixty- six and twenty-two North sixty-one (61) degrees thirty- hundredths (66.22) feet to an iron eight(38)minutes fifty-two(52) sec- pin set;North sixty-two(62) degrees onds East,one hundred twenty-four twenty-four(24)minutes fifty-six(56) and eight hundredths (124.08) feet seconds East, three hundred eighty to a point; North eighty-seven (87) and forty-nine hundredths (380.49) degrees nineteen (19) minutes eigh- feet to an iron pin set;North fifty(50) teen(18)seconds East,forty-one and degrees thirteen(13)minutes twenty seventy-eight hundredths (41.78) (20) seconds East, one hundred feet to a point; North seventy-two sixty-six and thirty-one hundredths (72) degrees thirty-one (3 1)minutes (166.31) feet to an iron pin set; twenty-eight(28)seconds East;three North fourteen (14) degrees twenty- hundred thirty-seven and twenty-two 33 r • LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 hundredths(337.22) feet to a point; South eight-two (82) degrees forty North forty (40) degrees twelve (12) (40) minutes forty-one (41) seconds minutes thirty(30)seconds East,fifty West, two thousand two hundred and eighty-two hundredths (50.82) eighty-two and twenty-two hun- feet to a point;North seventy-two(72) dreds (2,282.22) feet to an existing degrees twenty(20)minutes twenty- stone pile;thence along same,South six (26) seconds East, one hundred eighty-one (81) degrees fifty-three six and sixty hundredths (106.60) (53)minutes two(02) seconds West, feet to an existing stone pile, North seven hundred forty-seven and eighty twenty-nine (29) degrees thirty-nine seven hundredths(747.87)feet to an (39)minutes thirty-two(32)seconds existing post;thence along lands now East, one hundred sixty-nine and or formerly of Zane Highlands,South sixty-three hundredths (169.63) eighty-two (82) degrees fifteen (15) feet to a point; South eighty-eight minutes fifty-five(55) seconds West, (88) degrees thirty-five (35) minutes one thousand two hundred ninety- thirty-two(32)seconds East,fourteen five and ninety-three hundredths and eighty-four hundredths (14.84) (1,295.93) feet to an iron pin set feet to an existing iron pin set at at stones; thence along same and stone; North thirty-one (31) degrees lands now or formerly of Spencer A. one (01) minute thirty-seven (37) Stamy, South sixty-five(65) degrees seconds East,one hundred sixty-five twelve (12) minutes thirteen (13) and zero hundredths (165.00) feet seconds West,four hundred six and to an existing iron pin set at stones; ninety-nine hundredths(406.99)feet to a railroad spike set, the place of North seventy-nine (79) degrees one BEGINNING. (01)minute thirty-seven(37)seconds East, one hundred forty-eight and BEING Lot No. on the Land fifty hundredths (148.50) feet to an Subdivision for Iris s McCrea and containing existing iron pin at stones; South 65 acres net area. twenty-six(26) degrees thirteen(13) BEING thhe e same me premises con- veyed by Iris W. McCrea, widow, minutes twenty-three (23) seconds by deed dated June 19, 1989 and East, one hundred ninety-eight and recorded in the Office of the Recorder zero hundredths (198.00) feet to an of Deeds of Cumberland County, existing post; North seventy-nine Pennsylvania, in Deed Book "A", (79) degrees thirty-five (35) minutes Volume 23, Page 124, unto Zane R. twenty-six (26) seconds East, one Highlands and Vicki L. Highlands, thousand seventy-one and ninety- the Grantors herein. six hundredths (1,071.96) feet to AND BEING the same which Zane an existing iron pin set at stones; R. Highlands and Vicki L. High- thence along lands now or formerly lands, husband and wife, by deed of Grove Brother Lumber Co.,South dated April 1, 1996 and recorded twenty-eight(28) degrees forty-eight in Cumberland County Deed Book (48)minutes fifty-three(53)seconds 137 at Page 170 conveyed to Zane East,one thousand twenty-seven and R.Highlands and Vicki L.Highlands, eighty-four hundredths (1,027.84) as Tenants-in Common, each to an feet to an iron pin set at stones; undivided one-half (1/2) interest, thence along lands now or formerly Grantors herein. of Andrew M. McCrea, South two Tract 2 herein is subject to rights (02) degrees fifty-five (55) minutes of the Grantors, their heirs and as- forty-five (45) seconds East, one signs to use Private Right-of-Way A thousand seventy-two and fifty-seven and Private Right-of-Way B as more hundredths(1,072.57)feet to an iron fully shown and described in Cum- pin set at stones;thence along same, berland County Plan Book 91, Page 34 f LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 94, for ingress and regress to and from other real estate retained by Grantors, said real estate more fully described in Cumberland County Deed Book 34-0 at Page 368. A pri- vate right-of-way agreement will be recorded simultaneously herewith. EXCEPTING PARCEL NO. 15-03- 0059-053. EXCEPTING PARCEL NO. 15-03- 0059-054. 35 ti PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire,Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26,August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation,and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Li a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of August,2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLiSt.E BOROUGH,CUMBERLAND COUNTY My Crirrrnission Expires Apr 28,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U.S. Small Business Administration is the grantee the same having been sold to said grantee on the 2nd day of October A.D., 2013, under and by virtue of a writ Execution issued on the 6th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2971, at the suit of Orrstown Bank against Julie A. Charles is duly recorded as Instrument Number 201337478. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. a© 13 c Recorder of Deeds Recader of Cumberland Cw t,Carlisle,PA My Commission 'ves the Rat Monday of Jan.2014 The Patriot-News Co. -Y1900 Patriot Drive Q d r10 elUs Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. f PUBLICATION COPY' This ad ran on the date(s)shown below: 07/28/13 08/04/13 08/11/13 Swor ,to n subscr9befor this 23 day of August, 2013 A.D. of Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 • MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Pennsyhretna, bonded and descrilietl MilOin 'lbwnship, Cumberland County, sixty-one (6I) d (38) in awe with a subdivision survey fbnnghann; bound -and described minutes fifty-two (52) seconds East, one prepared for Eugene A Hockensmith,P.I.S., according to the hundred tavemy-fo m and eight Imadvedths which sm^eyisdated December 18,1986,and Land Subdivision for iris McCrea as (124.0&) to a"puiat;l+lortb eightyeeven recorded at t u nbcdand County Plan Book prepared by Samuel.Davkl Ry qoo,)t i, (87)degrees mineteen(19)minutes eighteen 52,Page 68,as follows: - dated February 21,1989 and reamdea intho (18)seconds East„forty-one and seventy- ' BEGINNING at a railroad spike in the office of the Recorder of Deeds in add for e0t,hundreddis(41.78)_fegt to a point; centerline of LR 21082 at the southeast Cumberland County in Plan Book A Page North seventy-two (72) degrees thirty-one comer-of lands now or formerly of George 67,as follows,to wit: (31)minutes twenty ight428)sew East; F. Ginter, et ux., which railroad spike is BEGINNING at a railroad spike set in S.1L' three hundred thirty-seven and twenty-two located 339.16 feet in an epsterly direction 233 at the northwest comer of land:aaw or =huundtedths-(337.22):fed to'a point;North along the centerline of L.R.21082 from the formerly of Spemxr A Starry; thence in forty (40) debes twelve (12) minutes intersection of the centerline of-LR 21082 said S.R.233 along lane now or formerly-. thirty(30)seconds Fast,fifty and eighty-two and Pennsylvania Route 233;thence from of'Joseph S. Blessing.and lands now or hundredths(50.82).feet to a point;North the Pgimt of Beginning and running along the formerly of Mazy A Salisbury,North brine sevemy-iwo(72)degrees twenty M minutes lands now or formerly of George F Ginter; (09)degrees thirty-two(32)minutes forty- twenty-sh(26)seconds,Ea&,one hundred et ux., the following°two(2)courses and seven (47) seconds East, one hundred six and sixty-huroke dis;(106.60),feet to an distance:(1)North 18.degroes 29 minutes eighty-eight and thirty-seven, hundredths, existing stone pole,Nora twenty-nine(29) 09 seconds West a=distance of 27.11 feet, (188.37)feet to an existing marl and washer, degrees thirty-nine(39)minutes thirty-two to an iron pin on the northerly dedicated thence in said S.R.233 and along lands now (32)seconds East,,one hundred sixty-nine right-of-way_tine of L.R 21082; and, (2) or formerly of Richard C.Duble,North nine and sixty-three hundreidkhs(159.63)feet to a North 18 degrees 29 minutes.09 seconds (09)degrees twenty-four(24)minutes forty- point;South eighty tt(88)degrees thirty- West a distance of 89A feet to an iron one(41)seconds East,three hundred Witty- five(35)minutes thirty-two(32)seconds East,. pin;thence along lands now or formerly of nine and sixty-seven hundredths (369.67) fourteen and eighty-four hundredths(14.84) Franklin A Oder,et ux,North 18 degrees feet td an existing nail and washer;thence feet to an existing iron pia set at gone;North _ 24•minutes'09 seconds West a distance of in said S.R 233 and along lands noyPor thirty-one (31rdegrees one (01) minute 182.41 feet to an iron pin; thence along. formerly if Richard C.Johnson and Nancy thirty-seven(37k seconds East,one hundred lands,of which this lot was formerly apart, B.Johnson,North nine(09)degrees fifty- sixtyfivy and zero hundredths(165.00)feet about 4o be conveyed to Zane R,Highlands, two (52) minutes fifty-three (53)seconds to.an existing iron pim,set"at stones;North the following be(5)courses aQd distances: Fast,one hyndred twenty-one and mmety�=' seventy-nine(74)degrees one(01)minute - 00 (1)North 74 degrees 49 minuteA 19 semis hundredths4121.96)feet to a railroad spike thirtysevea(37)seconds East,one hundred 2012.2971 CIvN Term East a distance of 24350 feet to an iron pin; set;thence along same,North twelve(12) forty-eight and ft hundredths(14850)feet ORRSTOYM BMK (2)South 53 degrees 24 minutes 51 seconds degrees thirty-six:(36)minutes twenty-four toan existing ircm pin at sow South twenty- vs. East a distance of 39.05 feet to an iron pin; (24)seconds East,one hundred fifty and zero s'nr(26)degrees thirteen(13)minutes twenty- ;JUL1E ANN OMRLES (3)South 16 degrees 07 minutes 46 seconds hundredths(150.00)feet to a railroad spike three(23)seconds East,one hundred ninety- t Athol Dgtalai A Sook w Wag a distance of 288.48 feet to an iron pin; set;thence in said S.R.233 and along Lot11r1 eight and zero hundredths(198.00)feet to (4)South 25 degrees 52 minutes 05 seconds on the above-referenced plan,North eighteen an existing post; North seventy-nine (79) TRACT#I West a distance of 31.16 feet to an iron pm (18) degrees five (05) minutes iwenty-sir° .degrees tlririy five (35)minutes txeatty�nr ALL THAT CEIATN tract of land located on the northerly dedicated right of-way lip .(26)seconds Fast,two hundred twenty-sir (26)seconds Fast,one thousand seven"e' to Lower Mift Tbwmshitu, Oberland of LIL 21082;and(5)South 25 degrees 52 and thirty-five hundredths(22635)feet to and ninety-sit hundredths(1,071.96)feet to County, Pennsylvania, more<parocularly minutes 05 seconds West a distance of 26.89 a ram spike set;thence by Lot#1 the an existutguixt pin set at stones,them along bond amt descnW osfolk feet to n railroad spike in the centerline` following eight courses and distances;North lands now or"rly of Grove Brother BEGINNING at a point m the Stato Road of LPL 21082 thence along the centerline eighty-six(86)degrees thirty(30)minutes Lumber CD,South twenty *t(28)degrees by comer of lands formerly of Hi,Fty,now. of L.R.21082 and a lot now or fonnerly of fifty-eight (58)seeds Fast,five hundred forty-eight (48) minutes fifty-three (53) .or formerly of George Gioter them by said Walter G.Den,et we;North 85 degrees,44 eighteen and eight hundredths(518.98)feet seconds East,one thousand twenty-seven and road,North 09 derromEasy 925 perches to ,minutes 00 sebonds,West a distance of 7.00 to an iron pin set-,North seventy-seven(77) eighty-fair hundredths(1,027.84)feet to an comer otlarxisforniortyofJhonBaaick,now' feet to a P.K.Nail,thence comtiouing-along degrees thirty-one (31) minutes fifty-five ironpinsetatstones;thencealonP lands>� or fomterly of Lucy Batriclr;thence 65 3/4 the centerline of LP 21082 and lands now or (55)seconds East,eighty-six and twenty-six or formerly of Andrew M.MdYea,South degrees East,24 pemhps to a pointy thence formerly of Norman L Reinford,Jr.,et ux,- bundredths(8616)feet tb an iron pin set, two(02)degrees fifty-five(55)Auto forty- North 81 3/4 degrees Ems,80 padres to a North 85 degrees 44 minutes 00 seconds West North sixty-five(65)degrees forty-two(42) five(45).sec ands Fast,one thousand severity- point at comer of lands forma*of Joseph a distance of 59.18 feet to a railroad spike,the minutes twenty-six(26)seconds•East,sixty- two and fr#ty�oeven hundredths (1,07157) Salisbury,now or formerly of Lehman J Flade o('BEGTNNING su and twenty-two hundredths(6622)feet to feet to an iron pin set at stones;thence along Hurley;theme South 47"1/4.degrees East, CONTAINING a total area of 1.2860 acres an iron pin set;North sixty-two{62)degrees same,South eight-two(82)degrees forty(40) 105 perches to a point;Ibmee;South 40111 SUBJECT'to a 25 foot wide strip of Ind twenty-four(24)minutes6fty-snt(56)seconds minutes forty-one (41) seconds West,two degrees West,12.1 perches to a stone;thence • at the south end of the abovedescribed lot.. East, three hundred eighty and forty-nine thousand two hundred eighty-two and twenty- South 48 1/4 degrees.East,29.2 perches to which has been dedicated as a right-of-way hundredths(380.49)feet to an iron pin set; two pundreds(2,282.22)feet to an existing a comer of lands of W FL OCreo Estate; for highway andutlity purposes North fifty(50)degrees thirteen(13)miinotes stone pit@;themxt slang same,South eighty- thence South 44 3/4 degrees W d,18 perches BEING all of Lot No.2 on the aforesaid twenty (20) seconds East, one hunched one (81) degrees.fdtyAtree (53) minutes to a point;thence goudi 32 3/4 degrees West, subchvsson plan,which is dated December sixty-sa and--thirty-one hundredths(16631) two(02)serum West,sect hundred forty- 38,5 pert esxo a-pcofnt;.thence North 52111 18, 1986, and recorded in Cumberland .feet to an iron pin set;North fourteen(14) seven and eighty seven hundredths(747.87) degrees.Wean,47,pertbea to a point;thence_ County Plan Book 52,Page 68. degrees twenty-trine(29)minutes fifty{50) feet to an eiostiog post ditince along lands South 36 3/4 degrees Weir,)54 P to a LOT No.2 above described as the third lot seconds West,four hundred tea and twenty now or fo'merty,of Zane ff4blw*South ste in the publicroadkading to ; or prel of Jan4 excepted and reserved, hundredths(410.20)feet to an exiaioLpost; eighty-two(K)doggies`fifteen(15)minutes thence by said road and he 44mA new or is retained by Margaret R Moore and is North eighty(80) degrees ditty- seven fifty-five(55) St,Ow thousand formerly#_W.H.McCrea Fslate,•Nor#t 52 improved with an aluminum aft rands (37)minutes twenty fire(25)seconds East, two hundred mmety-'foe and ninety-three 1/4 derma Wilt,31.8 perches,;o'a post; house and block and frame garage with eighty-seven and zero-hundredths (87.00) .hundredths(1,295.93)feet to an iron pin thence North 77 d agrees West,'2A3 pomiki s., msding address of.RD. #3, Box 21K feet to an itun pin set,North six(*degreea set at stones;*ww along am and lands to a post;thence North 79 IR degrees West.; Newvr7le,Pennsylvania 17241 - ten(10)minutes three(03)seconds West, now or formeaiy of Spfaoa A.SUM.South 323.perches to a stone,formerly a white: •THE LAND herein conveyed exclusive of the throe hundred Forty-five and ninety-nine sixtyfivv(65)degrtxs twelve"(12)minutes oak;thence by"lands formerly of H.J.Fry, flux(3)lots or parcels of land excepted and hundredths(345.99)feet to an iron pWsd at tbirwen(13)seeasnsis Wes4 four hundred six now for formerly of pre GintgJ,'North reset is alkof ktract of land shown as No. stones thence along lands.now or for iy• and ninety mined(406#!9)feet to a 13 3/4 degrees West, 22.44 perches to"a 1 on said Final Subdivision Plan for Margaret of Franklin A Offer the following seventeen railroadspilresekthle phase atBF xIINNING stone,formerly a white oak;thence North 86 R Moore recorded in Plan Book 52;Page 68, - courses and,distances: South fifty (50) BEING Lot No.#2 on the IAmdSubdiviffion degrees Vest,11.5 porches to apart in the and contains an area of approximately 135 degrees fifty-five(55)minutes.tweutyoigtit for Iris McCrea and containing 165.7265 State Road,the place of BEGINNING. acres nd;wbici there is erected a dwelling (28)seconds East,one hundred tharty-seft acres let area; EXCEPTING and reserving therefrom three borne,bam and other improvements with and twenty-fouf hundredths(137.14)feet to -BEING the same premises onamed by Iris (3)lots or parcels of land M follows: mauling address of RD'.`#3, Box 2192, an existing stone pule;South seventg-aeven .W.McCrea,widow,by deed wed June 19, 1. Lot sold of.H.A. Hoover,and Iva M. NcwvtBe,Pennsylvania 17241. (77)degrees fifty-three(53)minutes fifteen 1989 . Hower, husband and wife, by deed of' BEING the same real estate which Margaret (15)seconds East,three hundred sixty-three acid recorded d in the Ofice of the Iecordefof Mervin D.Smith.and;Msp*Caroline Smith, R Moore,widow, by Deed dated Maid and one hundredths(363.01)feet to a point; Deeds of Cumberland County,Penal hams, husband and will,daetd.)*3,1944,and " 12,1987,and rem in the Office of the North sixty-two(62)degces forty-three(43) in recorded in Cusibeidand C pontyViced Book Rmcosder of Dads in and for Cumberland "minutes thirty-five (35).seconds East,,one Deed Book W,Nblo o 23,Page IA imm 'T"Volume 12,Page 59. `" im 13od Book N-32, and Em��y,twco�s(14Z W) 2:aae R Viw L*wm* I Lot rand,to H A. Hower and IYa M s 713*cowmw to Zane 1L 14011reds feet to.spaisfi NoA A W4me(39)degas the Heo!ey I aW''vife:dry-dead of sQVkbL�ds,Gxtoomherein, �(*io"dirteaseh(13)uxrM&Hast, Csr Mavm 13. a and tatyrtla C rai®e Ss t, 111E fix eyassa.w made under one humored nine and (104.10) AND WHO As AW;WM *die`R husband and wife,tkrted' r 1,4%5, aedattuject, bttfidmg and use feet to apoint,North grxtyrt(68} HOW* vddT mid and reoastied a Y Deed redndinU of recxd mhd to ens tsn%Ve twenty-m(24)mhprkr Rim(15)seconds and wite,'by deed dated"Atwil 1,11096 and Book"P',Wittme"11,1 512. or ofmccod. East,seventy-two and eighteen huU66tift r000rd lo-Comberlamil County.Decd 3.•AD that wrtadf trad'of lord with an 'TRACT#2 (72.18) feet to a porik North eiglny-four Book 137 at hp 170 conveyed to Zane . aluminum arfiqg nod house and Oohing ALL THAT{3lrl'AIN tract of land with (84)degrees twentyfive(25) rnmutes fly ,IL 1�'and Vicki L Highlands, as r , ,,,.,4,,,{nin,ate in (50)seconds East,fifty-four and twenty-five 'Tenants-in Common'-each to an undivided