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HomeMy WebLinkAbout12-4302IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. ROMAN T. BARD and TERRI A. BARD, Defendants. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SEVNICE HEREOF OR A DEFAULT JUDGMENT MAY YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2695 Philadelphia Avenue Chambersburg, PA 17201 AND THE DEFENDANT(S): 22 Middle Spring Road Shippensburg, A 17257 ,?? //A '4 ATTORNEY P CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 22 Middle Syfbi d, Shippensburg, PA 17257 ATTORNEY PfRP I F CIVIL DIVISION NO.. /07 430a Oiv i -1 -7e-r* TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE C -V.X r? Z-0 rr-- r- FILED ON BEHALF OF: cn -- Orrstown Bank, Plaintiff D - v COUNSEL OF RECORD FOR THIS5;<- - PARTY: N Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 04 103.'75 P'C -r CC7 I-r, 0* /a -79A of 4 7-783/ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNS FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT Y ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. ROMAN T. BARD and TERRI A. BARD, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served,1 entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. ROMAN T. BARD and TERRI A. BARD, Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas' que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte! por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquiet otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por 1? Corte sin mas aviso adicional. Usted puede perder dinero O propieded a otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. ROMAN T. BARD and TERRI A. BARD, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Orrstown Bank, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Orrstown Bank, which has its principal place of business at 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendants, Roman T. Bard and Terri A. Bard, are adult individuals whose last known address is 22 Middle Spring Road, Shippensburg, Pennsylvania 17257. 3. On or about June 11, 2003, Defendants executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $100,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 11, 2003, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal of $100,000.00 on the premises hereinafter described, with said Mortgage being recorded in Office of the Recorder of Deeds of Cumberland County on June 20, 2003, in Mortgage Book Volume 1818, Page 1297. A true and correct copy of said Mortgage containing a description the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about February 13, 2012, Defendants were mailed a Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. A true and correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 96,650.97 Interest through 7/6/2012 $ 1,072.05 Late Charges $ 1,348.81 Satisfaction Fee $ 55.00 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 100,836.83 plus interest on the principal sum ($96,650.97) from July 6, 2012, at the rate of $7.637 per plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount of $100,836.83, with interest thereon at the rate of $7.637 per diem from July 6, 2012 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Dated: Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBT JAMES, SM TERICK & CONNELLY LLP r7i BY: WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" T PROMISSORY NOTE POW pal Lam Oft fttn#?f ?.a? Nb cs1f,E ca?i Ai?tt>?t C3 per ' Q .' - - 7C2 f 3(iQ OAR References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """ has been omitted due to text length limitations. Borrower: ROMAN T. BARD (SSN: 177-62-2309) TERRI A. BARD (SSN: 184-60-3024) 22 MIDDLE SPRING RD. SHIPPENSBURG, PA 17257 Lender: ORRSTOWN BANK KING STREET OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $100,000.00 Date of Note: June 12003 Maturity Date: June 11, 2033 PROMISE TO PAY. I ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful ma of the United States of America, the principal amount of One Hundred Thousand & 00/100 Dollars ($100,000.00), together with interest on th unpaid principal balance from June 11, 2003, until paid in full. The interest rate will not increase above 11.750%. PAYMENT. Subject to any payment changes resulting from changes in the Index, 1 will pay this loan In accordance with the following yment schedule. 84 monthly consecutive principal and interest payments in the initial amount of $583.57 each, beginning July 11, 2003, with nterest calculated on the unpaid principal balances at an initial interest rate of 5.7500/6 per annum; and 276 monthly consecutive principal and nterest payments in the Initial amount of $489.00 each, beginning July 11, 2010, with interest calculated on the unpaid principal balances at an nterest rate based an the WEEKLY AVERAGE YIELD ON US TREASURY SECURITIES. (currently 1.080%), plus a margin of 2.750 percentage po nts, the sum rounded to the nearest 0.125 percent, resulting in an initial interest rate of 3.8750/6. My final payment will be due on June 11, 2033 nd will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise ag eed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. Interest on this Note is computed on a 301360 simple interest basis; that is, with the excel ion of odd days in the first payment period, monthly interest is calculated by applying the ratio of the annual interest rate over a year of 36 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. interest for the odd days is calculated on the bash of the actual days to the next full month and a 360-day year. 1 will pay Lender at Lender's address shown above or at such other place as ender may designate in writing. VARIABLE INTEREST RATE. For the first 84 payments, the interest rate on this Note will be 5.750%. Thereafter, the interest rate on this ote is subject to change from time to time based on changes in an independent index which is the WEEKLY AVERAGE YIELD ON US TR SURY SECURITIES. (the 'Index'). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable duri g the term of this loan, Lender may designate a substitute index after notice to me. Lender will tell me the current Index rate upon my request. The in erect rate change will not occur more often than each YEAR. I understand that Lender may make loans based on other rates as well. The Index cur tly is 1.080% per annum. The Interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates se forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate fo each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. Notwithstanding the for ing, the variable interest rate or rates provided for in this Note will be subject to the following maximum rate. NOTICE: Under no circumstan s will the interest rate on this Note be more than the lesser of 11.750% per annum or the maximum rate allowed by applicable law. Notwdhstandin the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000 percentage points. U less waived by tender, any increase in the interest rate will increase the amounts of my payments. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded t me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay ' hout penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me o my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may res R in my making fewer payments. 1 agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If i sends h a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owe to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the pay ent 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 ust be mailed or delivered to: ORRSTOWN BANK, P.0_ BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law, DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan i have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related docum nts is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment fo the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender h s a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on wh ch the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a su ty bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any colla ral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, subs ntia damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor ies PROMISSORY NOTE (Continued) or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. in the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same pro ision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if I, after receiving written ofice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) If the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and co plete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. 2 LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amoun . This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. if not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by and interpreted in accordance with federal law and the laws of the Commonw Ith of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether the king, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. Howeve , this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the ent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's opts , to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. i acknowledge this Note is secured by the following collateral described in the security instrument listed herein, all the terms and conditions of which are hereby incorporated and made a part of this Note: a Mortgage dated June 11, 2003, to Lender on real property locat d in CUMBERLAND County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerni this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and as igns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any ina curate information 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 P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dish nor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guar, ntor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and fo 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 colt eral. 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 modific tion is made. The obligations under this Note are joint and several. This means that the words 1', 'me°, and "my' mean each and all of the persons si thing below. PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDI G THE VARIABLE INTEREST RATE PROVISIONS AND THE NOTICE TO COSIGNER SET FORTH BELOW. I, AND EACH OF US, AGREE O THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: / X (Seat) ROMAN T. BARD, Individually X (Seal) ?AR , Individually NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection c which increase this amount. The Lender can collect this debt from you without first trying to collect from the borrower. The Lender can use the same collection met against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that face become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt. OF A UBER FAO I."n V- V - 52130.OW Cop. ,4.W W Fl -W 9o.-, M IM. 2= M W. X6011.6 - PA LArAILK%MFO TR-SW PR-11 EXHIBIT "B" 11,?Vj L RECORDATION REQUESTED BY: ORRSTOWN BANK KING'STREE`-OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 •-f ti ` ' 3 J?frd E0 ' RI'111 3& SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE dated June 11, 2003, is made and executed between ROMAN T. BARD and TERRI A. BARD, whose address is 22 MIDDLE SPRING RD., SHIPPENSBURG, PA 17257 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confines 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, heredltaments, 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 22 MIDDLE SPRING RD., SHIPPENSBURG, PA 17257, 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 (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $100,000.00, 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 Grantors obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be govemed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good 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 Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lenders 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 Grantors 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 oi. 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 Lenders prior written consent Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lenders 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 Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to I anricr'c intwroatc -i to incr.ur-r /ha Real Prurient fir rn,-- of (,ranMr'c --rdmn- with the forme and -ihionc of thic Mnrfna- Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted On account of the work, services, or materials. Grantor will upon request of Lender famish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering ail 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. Policies shalt 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 insurers Habiily for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act, omission or defautt 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, it 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 Omits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the tens of the ban. Application of Proceeds. Grantor shall promptly notity Lender of any loss or damage to the Property. Lender may make proof of loss If Grantor tails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lander's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any gin affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration H 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 fug of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action at proceeding is commenced that would materially affect Lender's interests in the Property, then Lamer on Grantors behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses Incurred or paid by Lender for such purposes wilt 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 tens 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. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default Any such action by Lender shall not be construed as curing the default so as to bar Lender tram any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OP TITLE The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances otter than those set forth in the Beat 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 fug 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 Properly against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantors title or the interest of Lender under this Mortgage, Grantor shag 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 Lenders 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 Grantors use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in fug force and effect until such time as Grantors Indebtedness is 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 deland the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its awn choice, and Grantor will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shag execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's Hen on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shalt 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. BKi818PG{298 the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The matting addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (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. It Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably auCwrizes Lender to make, execute, deliver, fie, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage If any of the following happen: Payment Default. Grantor fails to make any payment when due under the indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. False Statements. Any representation or statement made or fumished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Collateralizatlon. 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. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, If Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and l Grantor gives Lender written notice of the claim and furnishes Lender with monles or a surety bond satisfactory to lender to satisfy the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantors 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 Right to Cure. If such a failure 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 (and no Event of Default will have occurred) if Grantor, after Lender sends written notice demanding cure of such taiure: (a) cures the failure within fifteen (15) days: or (b) l the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Unlorm Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantors interest in all or any part of the Property. Nonjudiclaf Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise 8K1818PG1299 MORTGAGE (Continued) Page 4 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 Lenders 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. Safe of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exerci9ing 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 We on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sate of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of Its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given In writing, and shall be effective when actually delivered, when actually received by talefacsimile (unless otherwise required by taw), when deposited with a nationally recognized overnight courier, or, it mailed, when deposited in the United States mail, as first class, certified or registered mad 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 shad be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all tunes 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. It will be Grantor's responsibility to tell the others of the notice from Lender. ADJUSTABLE RATE RIDER. An exhibit, titled 'ADJUSTABLE RATE RIDER,' is attached to this Mortgage and by this reference is made a part of this Mortgage just as If all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. ADJUSTABLE RATE RIDER. An exhibit, titled 'ADJUSTABLE RATE RIDER,' is attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. 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. Governing Law, This Mortgage will be governed by and interpreted in accordance with federal taw and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by lender in the Commonwealth of Pennsylvania. Joint and Several Lfabiily. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again 9 the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even If a provision of this Mortgage may be found to be invalid or unenforceable. 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 lime 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 Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence In the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word 'Borrower' means ROMAN T. BARD and TERRI A. BARD, and all other persons and entities signing the Note. 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'), the Supertund Amendments and Reauthorization Act of 1986, Pub. L. No. 99.499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, or seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal taws, rules, or regulations adopted pursuant thereto. Event of Default. The words 'Event of Default' mean any of the events of default set forth In this Mortgage in the events of default section of this Mortgage. Grantor. The word 'Grantor* means ROMAN T. BARD and TERRI A. BARD. Guarantor. The word 'Guarantor' means any guarantor, surety, or accommodation parry of any or all of the Indebtedness. Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. u....nN...... C..t...?..nw..n TI.n .wMn ?Lln+n nin„n C.•M,n......n n.nn.......annnL, w...t 1 ............. .t tt. _.. _.._....,.. ______?v__ __ _r.._.__r _?__.__, MORTGAGE (Continued) Page 5 obligations under this Mortgage, together with Interest on such amounts as provided in this Mortgage. Lender. The word 'Lender' means ORRSTOWN BANK, its successors and assigns. The words 'successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word 'Mortgage' means this Mortgage between Grantor and Lender. Note. The word 'Note' means the promissory note dated June 11, 2003, in the original principal amount of $100,000,00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement The maturity date of this Mortgage is June 11, 2033. 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 subsdh tfons for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property' means collectively the Real Property and the Personal Property. Real Property. The words 'Real Property' mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word 'Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTRIITE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR- X (Seal) ROMAN T. BARD, Individually Signs aclmoyledged and liver n the presence of- Z /Witness X - Witness X (Seal) TE 1 A. BARD, Individually CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK,prrein is as follows: KING STREET OFFICE, T7 EAST KING STREET, P O BOX 250, SHIPPENSBUIRG, PA 17257 A r ! r - / M Agent INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) r )SS COUNTY OF On this, the 11 k day of 20 ©3 , before me -IL-111 91, ,.,L? the underslgned?A atary Public, personally appeared ROMAN T. BARD and TES. BARD, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within Instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. BftJamSmith. Notiary Pubk Notary Public in and for the Stale of ??. t NLG Clrsburg Boro Fr n Cot?!?. idly Commieekm i;qk Apr. 7, 2Art@ ?' , ? t?':umbel,F&irrayhn•1fa/MaodallonafF',,c?9 .. un.?ao,an,¢w,.naaaa<ao,.,...,. w.,en eo,ww x. ,on.m uw. w..A.a ..•c. wmro rn?. m-„ ;z 4 EXHIBIT A All that certain lot of ground situate in the Township of Southampton, County of Cumberland, State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Public Road leading from Shippensburg to Newburg; thence along lands now or formerly of Donald S. Holtry, et ux, South 57 degrees West a distance of 200 feet to a stake; thence by other lands now or formerly of James Q. Means and Eva M. Means, his wife, North 33 degrees West a distance of 100 feet to a stake; thence by the same, North 57 degrees East a distance of 200 feet to a point in the center of the Public Road above described; thence by the same, South 33 degrees East a distance of 100 feet to the place of BEGINNING. BEING that same real estate that Elizabeth V. Ott conveyed to Roman T. Bard and Terri L. Bard, by deed dated",2,, and intended to be recorded immediately preceding this document. this 10 be re cu; °rla.ad Count} 1= t -eds BKl818P0130? RECORDATION REQUESTED BY: ORRSTOW4 BANK KING STREET OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 -- - - irrv : -a run MMOUttU H'S USE ONLY ADJUSTABLE RATE RIDER This ADJUSTABLE RATE RIDER Is attached to and by this reference is made a part of the Mortgage, dated June 11, 2003, a d executed In connection with a loan or other financial accommodations between ORRSTOWN BANK and ROMAN T. BARD and TERRI A. BARD, This adjustable rate rider will secure Borrower's Adjustable Rate Note (the 'Nate') to ORRSTOWN BANK (the 'Lender') of the same dal and covering the property described in this Security Instrument and located at: THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. TH NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and ender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial rate of 5.75°/6. The Note provides for changes in the interest rate and the monthly payments, s follows: (A) Change Dates The interest rate I will pay may change on the 11th day of June 2010, and on that day every twelve month(s) thereafter. Each ate on which my Interest rate could change Is called a "Change Date." (B) The Index Beginning with the first Change Date, my Interest rate will be based on an Index. The "index" is the weekly average yield on nited States Treasury securities adjusted to is constant maturity of 1 year(s), as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the 'Current Index." H the Index is no longer available, the Lender will choose a new index which Is based upon comparable information. The Le der will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Lender will calculate my new interest rate by adding 2.75 percentage points to the Curren Index. The Lender will then round the result of this calculation to the nearest one-eighth of one percentage point (0.125%). Subject to the ti Its stated in Section (D) below, this rounded amount of the monthly payment that would be sufficient to repay the unpaid principal that I an i expected to owe at the Change Date in full on the maturity date at my now interest rate in substantially equal payments. The result of this c Iculatlon will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The Interest rate that I am required to pay at the first Change Date will not be greater than two percentage points (2.000%) ova the original interest rate. Thereafter, my Interest rate will never be increased or decreased on any single Change Date by more than tw percentage points (2.000%) from the rate of Interest I have been paying the preceding twelve month(s). My interest rate will never be grog ter than six percentage points (6.000%) over the original Interest rate. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Lender will deliver or mall me a notice of any changes in my interest rate and the amount of my monthly payment before he effective date of any change. The notice will include information required by law to be given to me and also the title and telephone numbs of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument Is amended to read as follows: Transfer of the property or a Beneficial Interest in Borrower. If all or any par[ of the Property or any interest in it is sold or tra forged (or if a beneficial interest in Borrower Is sold or transferred and Borrower is not a natural person) without Lender's prior written co sent, Lender may, at Its option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option hall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender Information required by Lender to evaluate the intended transferee as I a new loan were being made to the transferee; and (b) Lender resonably determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of an covenant or agreement In this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a resonabie fee as a condition to Lender's Consent of the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the tranaf so to keep all the promises and agreements made in the Note and in this Security Instrument Borrrower will continue to be obligated under he Note and this Security Instrument unless lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sum secured by this Security Instrument. H Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. INDIVIDUAL ACKNOWLEDGMENT Commonwealth of Pennsylvania } SS County of Cumberland } On this, the / / day of u--o _- 20 o before me undersigned Notary Public, per ovally appeared - & ,_ 7 v _Ad.A proven) to be the person whose name is subscribed to the within instrument, and put it my hand and official seal. known to a (or astis he or she executed the slame for the Boby.larte Smith, Notary Publtc rsburg Boro, Franklin County W/ gimmisskm Expkes Apr. 27, 2004 MatirM Perstaylvt:,tie Aeon of tvotanes BK1818PG1303 ADJUSTABLE RATE RIDER (Continued) Page 2 THIS ADJUSTABLE RATE RIDER IS EXECUTED ON JUNE 11, 2003. GRANTOR: X -d' sP" f (Seal) ROMAN T. BARD, Individually TERRI A. BARD, Individually users me ?.ww. v.. cz.ssam au. ?o?+.d n:.ne mwe. ?e. ,m. zm ri ? n..,.n -rn cvrnxvauw mean -n:n Bh1618PG1304 EXHIBIT "C" A Tradition of Excellence 917 1 9690 0935 0009 7 403 26 February 13, 2012 Roman T. Bard Terri A. Bard 22 Middle Spring Road Shippensburg, PA 17257-1447 RE: Loan #1030005203 9 171 9690 0935 0009 7403 33 917 1 9690 0935 0009 7 463 40 9 7 i 9690 0935 0009 7/463 57 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ORRSTOWN BANK (hereinafter we, us or ours) on your property located at22 Middle Spring Road, Shippensburg, PA IS IN SERIOUS DEFAULT because you have not made the monthly payments of $493.42 for December 11, 2010, $ 493.42 for Januarv 11, and $493.42 for Februarv 11, 2012 totaling $1.480.26. Late charges and other charges have also accrued to this date in the amount of $1,232.04. 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 $2,712.30. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $2,712.30, 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 2695 Philadelphia Avenue, Chambersburg, PA 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 outstanding on the original 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. If you 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 Sheriff's 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 cost connected with the foreclosure sale and performs any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 6 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) 709-3033. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in or occupy the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW 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. 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 that three times in any calendar year. Sincerely, Linda K. Mowen Assistant Vice President Sr. Consumer Collector SENT VIA REGULAR AND CERTIFIED MAIL Cc: John E. Bard Patricia W. Bard 5 Bard Road Shippensburg, PA 17257-8143 .sTowv A radition of Excellence 50 SHIPPENSBURG, PA 17257 f or a ' STO"DANK 'radition of Excellence 50 SHIPPENSBURG, PA 17257 9171 9690 0935 0009 7463 26 I f c ?I C. I_ I iL• . Ian .? ry , Terri A. Bard 22 Middle Spring Road 1 r Shippensburg, PA 17257-1447 __w......_. ,_ if I; 1i 1}IIifIIIili,iti;If I i i I I tI 9171 9690 0935 0009 7463 33 it Roman T. Bard 22 Middle Spring Road Shippensburg, PA 17257-1447 I II I I I I I I I I I I I I i Ii it II II I I1141 1 1 31 11 1 i i t I I I I i I t ii I I I I i 111, i IfI CERTIFIED MAIL USPS. Gov ate: ?Z To: Aiul ze'l G - ?a 1 ? Sender: Linda Mowen WILLIAM KNOX: 9171 9690 0935 0009 7463 S) L3 Department: Collections The following is in response to your 02115/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0974 6340. The delivery record shows that this item was delivered on 02/14/2012 at 12:32 PM in SHIPPENSBURG, PA 17257. The scanned image of the recipient information is provided below. ----------- ?......, ?...... . Signature of Recipient: Address of Recipient: ryo '_`,???? ? ??r ash Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service CERTIFIED MAIL USPS.Gov Dote: rl Z To: l? 1) l ?. Ct 62 ?Q a d? Sender: Linda Mowen WILLIAM KNOX: 9171 9690 0935 0009 7463 L? 3 Department: Collections The following is in response to your 02/15/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0974 6357. The delivery record shows that this item was delivered on 02/14/2012 at 12:32 PM in SHIPPENSBURG, PA 17257. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: +Y Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. ROMAN T. BARD and TERRI A. BARD, Defendants. VERIFICATION I, Steve Gormont, Vice President, Consumer Collections Manager, on behalf of Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief Steve Gormont, Vice President, Consumer Collections Manager Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. C ca Roman T. Bard and Terri A. Bard, moo Defendant(s) /? - yea Civil letm =? rte- r7i NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ?? _c1 DIVERSION PROGRAM z? 3 = n rv You have been served with a foreclosure complaint that could cause you to lose your ht*n wT3 If you own and live in the residential property which is the subject of this foreclosure action, y u may be able to participate in a court-supervised conciliation conference in an effort to resolve this mat r 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 MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request an appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 representati-, 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 steps to be eligib for the conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of legal representative. However, you must provide your lawyer with all requested frnancie information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete financial worksheet in the format attached 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 o. 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 STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. 11 (4 c? Dat By: Scott . Die eric , Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Orrstown Bank, Plaintiff(s) V. Roman T. Bard and Terri A. Bard, : Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil 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 property which is the subject of the mortgage foreclosu: action; 2. Defendant lives in the subject real property, which is the Defendant's primary residen 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in the Notice to be eligible participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that fa statements are made subject to penalties of 18 Pa. C.S. §4904 relating to unworn falsification authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date Orrstown Bank, Plaintiff(s) V. : Roman T. Bard and Terri A. Bard, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE MANAGEMENT ORDER AND NOW, this day of Civil 2012, 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 scheduling a Conciliation Conference, it is hereby ORDERED and DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised Conciliation Conference on at .M. in at the Cumberland County Court House, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential 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 the date upon which the service of the completed Form 2 is to be made may be expected. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date as agreed upon by parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceeding shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must eithi 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 availabl4 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 discu 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 tende 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 modifical or a reverse mortgage; paying the mortgage default over sixty moths; and the institutic of bankruptcy proceedings. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. BY THE COURT. FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion 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: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: 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 Home : Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: $ Value: Automobile 41: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles. boats. motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. S endin Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If 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? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer 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 Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation r (hardship letter) Y Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 23 Richard W Stewart €? Y J? BE t?AT Gljus ,q Solicitor LAW` Orrstown Bank vs. Roman T. Bard (et al.) Case Number 2012-4302 SHERIFF'S RETURN OF SERVICE 07/16/2012 07:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 16 2012 at 1915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Roman T. Bard, by making known unto himself personally, at 22 Middle Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. ?J1-) 07/16/2012 07:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 16 2012 at 1915 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Terri L. Bard, by making known unto Roman Bard, Husband of Defendant at 22 Middle Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and a the same time handing to him personally the said true and correct copy of the saT GUl gHALL, SHERIFF COST: $64.00 SO ANSWERS, July 17, 2012 RONNY R ANDERSON, SHERIFF 7ar„Sl I T.-:so•I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F!LED-0FF*1Cr- WE PROTHB'o IAI{y Jody S Smith Chief Deputy 29 13 JUL 12 PM 2- 4 7 Richard W Stewart Solicitor OFFICE OF THE SHERIFF CUM3ERLA1401 C00TY PENNSYL1/ANIA Orrstown Bank Case Number vs. Roman T. Bard (et al.) 2012-4302 I SHERIFF'S RETURN OF SERVICE 01/03/2013 12:47 PM-Deputy Ronald E. Hoover, 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 22 Middle Spring Road, Shippensburg, PA 1725, Cumberland County, on 1/3/13 at 1245 hrs. 01/03/2013 12:47 PM-Deputy Ronald Hoover, 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 Terri L. Bard (Spouse), who accepted as"Adult Person in Charge"for Roman T. Bard at 22 Middle Spring Road, Southampton Township, Shippensburg, PA 17257, Cumberland County. 01/23/2013 Deputy Ronald E. Hoover, 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: Terri L. Bard at 22 Middle Spring Road, Shippensburg, PA 17257, Cumberland County, on 1/3/13 at 1245 hrs. 02/28/2013 As directed by Jaime R Ackerman,Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 06/04/2013 As directed by Scott Dietterick,Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/09/2013 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: $927.54 SO ANSWERS, July 12, 2013 RbNW R ANDERSON, SHERIFF SO (c)CounzySuite Sheriff,Teleosoft,Irn. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4302 Civil Term VS. ROMAN T. BARD and TERRI A. BARD, Defendants. AFFIDAVIT PURSUANT TO RULE 31291 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 22 Middle Spring Road, Shippensburg, Pennsylvania 17257: 1. Name and Address of Owner(s) or Reputed Owner(s): ROMAN T. BARD 22 Middle Spring Road Shippensburg, PA 17257 TERRI A. BARD 22 Middle Spring Road Shippensburg, PA 17257 2. Name and Address of Defendant(s) in the Judgment: ROMAN T. BARD 22 Middle Spring Road Shippensburg, PA 17257 TERRI A. BARD 22 Middle Spring Road Shippensburg, PA 17257 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ORRSTOWN BANK Plaintiff BOB RUTHS AUTOMART INC. 1651 Harrisburg Pike Carlisle,PA 17013 CONDOR CAPITAL CORPORATION c/o Thomas D. Bielli, Esquire Harvey Pennington LTD 1835 Market Street, 291h Floor Philadelphia, PA 19103 and ,800 South Oyster Bay Road Hicksville, NY 11802 INDEPENDENCE RECEIVABLES 702 King Farm Boulevard CORPORATION Rockville, MD 20850 and c/o Philip C. Warholic, Esquire Wolpoff&Abramson LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 CUMBERLAND-FRANKLIN JOINT 725 Municipal Drive MUNICIPAL AUTHORITY Shippensburg, PA 17257 and c/o James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: ORRSTOWN BANK Plaintiff 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX Cumberland County Courthouse CLAIM BUREAU One Courthouse Square Carlisle, PA 17013 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: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 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: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES,&enck, NNELLY LLP DATED: D- 1— BY: S Pa. I.D. #55650 Attorne ys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 P. u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4302 Civil Term VS. ; ROMAN T. BARD and TERRI A. BARD, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO . PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Roman T. Bard 22 Middle Spring Road Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property(Real Estate)will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 6, 2013, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 22 Middle Spring Road Shippensbur& Pennsylvania 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-4302 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Roman T. Bard&Terri A. Bard A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it, within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: I You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland-County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a ,proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle,Pennsylvania 17013,before presentation of the petition to the Court. JAMES, SMI T ICK& CONNELLY LLP JAMES, ED lCil' DATED: A) BY: e tt tterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION All that certain lot of ground situate in the Township of Southampton, County of Cumberland, State of Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point in the center of the Public Road leading from Shippensburg to Newburg; thence along lands now or formerly of Donald S. Holtry, et ux, South 57 degrees West a distance of 200 feet to a stake; thence by other lands now or formerly of James Q. Means and Eva M. Means, his wife, North 33 degrees West a distance of 100 feet to a stake; thence by the same,North 57 degrees East a distance of 200 feet to a point in the center of the Public Road above described; thence by the same, South 33 degrees East a distance of 100 feet to the place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 22 Middle Spring Road, Shippensburg, Pennsylvania 17257. BEING the same premises which Elizabeth V. Ott, widow and single woman,by Deed dated June 11, 2003 and recorded on June 20, 2003 in and for Cumberland County, in Deed Book Volume 257, Page 3486, granted and conveyed unto Roman T. Bard & Terri A. Bard, husband and wife. Parcel No. 39-30-2574-009 Exhibit"A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4302 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 ROMAN T. BARD&TERRI A. BARD (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 ofthe defendant(s)not levied upon in the possession of GARNISHEES)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: $101,527.23 L.L.: $.50 Interest FROM 9/29/2012 TO DATE OF SALE-$1,214.28 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $215.25 Other Costs: Plaintiff Paid: Date: 10/3/12 David D.Buell, Prothonotary (Seal) P. Deputy REQUESTING PARTY: Name: SCOTT A.DIETTERICK,ESQUIRE Address: JAMES SMITH DIETTERICK& CONNELLY LLP P.O.BOX 650 HERSHEY,PA 17033 Attorney for: PLAINTIFF Telephone:717-533-3280 Supreme Court ID No. 55650 rtim LIE COPY FR©41 aRn In Tes �, and the senY whereof, I here RIC e se I of said unto set my hand This Curt at artiste,Pa. �`_�� P notary On October 17, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 22 Middle Spring Road Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 17, 2012 By: CLUCh Real Estate Coordinator �O� :8 V 8- 130 lIQl VCS' 1A INri1"51 J l ! WIg0 J182HS 3H I ��0 -_ IJJ0 CUMBERLAND LAW JOURNAL Writ No. 2012-4302 Civil Orrstown Bank VS. Roman T. Bard, Terri L.Bard Atty.:Jaime R.Ackerman All that certain lot of ground situate in the Township of South- ampton, County of Cumberland, State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the center of the Public Road leading from Shippensburg to Newburg; thence along lands now or formerly of Donald S. Holtry,et ux, South 57 degrees West a distance of 200 feet to a stake;thence by other lands now or formerly of James Q.Means and Eva M.Means,his wife,North 33 degrees West a distance of 100 feet to a stake; thence by the same,North 57 degrees East a distance of 200 feet to a point in the center of the Public Road above described;thence by the same,South 33 degrees East a distance of 100 feet to the place of BEGINNING. HAVING thereon erected a dwell- ing house being known and num- bered as 22 Middle Spring Road, Shippensburg,Pennsylvania 17257. BEING the same premises which Elizabeth V. Ott, widow and single woman, by Deed dated June 11, 2003 and recorded on June 20,2003 in and for Cumberland County, in Deed Book Volume 257, Page 3486, granted and conveyed unto Roman T. Bard & Terri A. Bard, husband and wife. Parcel No. 39-30-2574-009. 19 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. Tsa Marie Coyne, Epitor SWORN TO AND SUBSCRIBED before me this da y of Februar 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriat-News Co. 2020 Technology Pkwy e n Suite 300 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 COPY This ad ran on the date(s)shown below: 01/22/13 2012.4302 CIVII 01/29/13 orrstown Bank f 02105/13 VS Roman T.Bard Terri L.Bard j . . . . ... . . . . . . . . . . . . . . . . . . . . . . . Attr. Jaime R Acker man All that certain lot of ground situate in,, Sworn to a sub1cribed before 14 day D. the Tbwnship of Southampton, County Of Cumberland, State of Pennsylvania, bounded and described as follows,to wit. ;r-! i BEGINNING at a point in the center of the' Law Public Road leading from 6O kUbl!C shippensburg to Newburg; thence along lands now or formerly of Donald S.HoltY, et ux,South 57 degrecs'y k4bA41i"Mce Of 200 feet to a stake;thence by other lands �MJNWIEALTH OF PENNSYLVANIA now or formerly of James Q.Means and Eva Notarial Seal M.Means,his wife,North 33 degrees West a Holly Lynn Waft,Notary Public distance of 100 feet to a stake;thence by the Washington Twp.,Dauphin County my Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES