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HomeMy WebLinkAbout12-4341 ORRSTOWN BANK, Plaintiff, vs. TYPE OF PLEADING: ROMAN T. BARD, TERRI A. BARD, CIVIL ACTION - COMPLAINT JOHN E. BARD & PATRICIA W. BARD, IN BREACH OF CONTRACT Defendants. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE EREO OR A FAULT JUDGMENT MAY BE ENT ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2695 Philadelphia Avenue Chambersburg, PA 17201 AND THE DEFENDANT(S): Roman T. Bard & Terri A. Bard 22 Middle Spring Road Shippensburg, PA 17257 John E. Bard & Patricia W. Bard 5 Bard $ ShipAn P7 7 ATTORNEY FOR PLAINTIFF FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650; sad@jsdc.com Kimberly A. Bonner, Esquire Pa. I.D. #89705; kab@jsdc.com JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280; (717) 533-2795 (Fax) Ck-? ??'3r FILED-OF r ICS IN THE COURT OF COMMON PLEAS Of ' ';= PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVA ,,., I .??! 13 AM 11 07 CIVIL DIVISION r1jit-'FERLAND COUNTY -?13?1 nitIr?FNNSY?`1AKiA No.: )a r 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, TERRI A. BARD, JOHN E. BARD & PATRICIA W. 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, b entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR. TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE, YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. 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 1 advierte de que si usted falla de tomar a.ccion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso aclicional. Usted puede perder dinero O propieded a otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT And now comes Orrstown Bank, Plaintiff, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Breach of Contract as follows: The Plaintiff is Orrstown Bank, which has its principal place of business 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendants, Roman T. Bard and Terri. A. Bard, are adult individuals who reside at 22 Middle Spring Road, Shippensburg, Pennsylvania 17257. 3. The Defendants, John E. Bard and Patricia W. Bard, are adult individuals who resides at 5 Bard Road, Shippensburg, Pennsylvania 17257. 4. On or about June 11, 2003, Defendants, Roman T. Bard and Terri A. Bard, 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. 5. As security for the Note, on even date, Defendant, John E. Bard, executed a Consumer Guaranty ("Mr. Bard Guaranty"), unconditionally guarantying and becoming surety for payment of the Note. A true and correct copy of the Guaranty is marked Exhibit "B", attached hereto and made a part hereof. 6. As security for the Note, on even date, Defendant, Patricia W. Bard, executed a Consumer Guaranty ("Mrs. Bard Guaranty", collectively :referred to with the Mr. Bard Guaranty as the Guaranties), unconditionally guarantying and becoming surety for payment of the Note. true and correct copy of the Guaranty is marked Exhibit "C", attached hereto and made a part hereof. 7. Under the terms of the aforesaid Note, Plaintiff is entitled to accelerate payment of the principal balance, accrued and unpaid interest and all other sums due and owing under the terms of the Note upon the occurrence of an event of default., including but not to, the failure to pay monthly installments of principal and interest when due. 8. Neither the aforesaid Note nor Guaranties have been released, transferred or assigned by Plaintiff. 9. Defendants have breached their duty imposed by the aforesaid Note and Guaranties and are in default under the terms of the said Note and Guaranties for, inter alia, failing to make monthly installments of principal and interest when due. 10. Any and all conditions precedent to payment to Plaintiff have been satisfied. 11. Notwithstanding Plaintiffs demands for payment, Defendant's obligations under the terms of the aforementioned Note remain unsatisfied. 12. 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 and Costs $ 2,500.00 TOTAL $ 101,626483 with interest on the principal sum of ($96,650.97) from July 6, 2012 at the rate of $7.637 per diem. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants for the total amount due of $101,626.83, with interest on the principal sum ($96,650.97) from July 6, 2012, at the rate of $7.637 per diem plus additional late charges, attorneys' fees and costs. JAMES, Dated: BY: _ IlU / I / I Scott A. 01'etl6rick, Esquire/ PA I.D. # 55650; sad@jsdc.com Kimberly A. Bonner, Esquire PA I.D #89705; kab@jsdc.com Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 (Fax) & CONNELLY LLP THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBT WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY (VOTE 3 nc;pal .eat" MW itun y Leah 1.14 t? call /» Ac count i nf?ia?s X00°flIAQ t t1 # -06-11-2033 ?t ?r?na I)AR 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) Lender:: ORRSTOWN BANK TERRI A. BARD (SSN: 184-60-3024) KING STREET OFFICE 22 MIDDLE SPRING RD, 77 EAST KING STREET SHIPPENSBURG, PA 17257 P O BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $100,000.00 Date of Note: June 1h, 2003 Maturity Date: June i 1, 2033 PROMISE TO PAY. I ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawful man of the United States of America, the principal amount of One Hundred Thousand & 001100 Dollars ($100,000.00), together with interest m 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, I 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 5.750% 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 on the WEEKLY AVERAGE YIELD ON US TREASURY SECURITIES. (currently 1.0801/6), 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 3.875%. 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 30/360 simple interest basis; that is, with the exce tion 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 36days, 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. I 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 f iterest rate on this Note will be 5.750%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the WEEKLY AVERAGE YIELD ON US TREASURY 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 interest 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 entiy 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 foregoing, the variable interest rate or rates provided for in this Note will be subject to the following maximum rate. NOTICE: Under no circumstances 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. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000 percentage points. U less waived by Lender, any increase in the interest rate will increase the amounts of my payments. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully 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, 1 may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount 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.O. 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 appiicablel law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I tail 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 docu+ts 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 insoivent; a receiver is appointed for any part of my property; I make an assignment to? 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 wt tch 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 ety 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 farce 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. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor hies PROMISSORY NOTE (Continued) Page 2 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 provision 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 otice 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 plate all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balan a 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 amount This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, inci ding attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. f 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 Commonwealth 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 a tent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein, all the term 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 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 concernin 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 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 ins information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to 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 person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dish 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 accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and fe 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 coil 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 is made. The obligations under this Note are joint and several. This means that the words "I", 'me", and "my" mean each and all of the persons si below. PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDI VARIABLE INTEREST RATE PROVISIONS AND THE NOTICE TO COSIGNER SET FORTH BELOW. 1, AND EACH OF US, AGREE' 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 EFFEC SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: G/ 's X Seat ROMAN T. BARD, Individually X ` TE?, L, Individually _. (Seal} NOTICE TO COSIGNER at THE THE OF A You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the borrower. The Lender can use the same collection met ods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt. LASER PRO L-9. Vet. 5.21M.= CUp Ma RN WM S. IM, 1887.2'JKi. Al a,111 Ras-- . PA C1CFr LPLMM,iC TR-5487 PR,1 i EXHIBIT "B" CONSUMER GUARANTY Pfificipal Loan 0 to wiua* Larari No calf / cou A7aMoUht facer fniii _T , M ` 13 DAR 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. tiorroWBr: ROMAN T. BARD (SSN: 177-62-2309) Leader: ORRSTOWN BANK TERRI A. BARD (SSN: 184-60-3024) KING STREET OFFICE 22 MIDDLE SPRING RD. 77 EAST KING STREET SHIPPENSBURG, PA 17257 P 0 BOX 250 SHIPPENSBURG, PA 17257 Guarantor: JOHN E BARD 5 BARD RD. SHIPPENSBURG, PA 17257 AMOUNT OF GUARANTY. This is a Guaranty of the Note, including without limitation the principal Note amount of One Hundred Th ?usand & 00/100 Dollars ($100,000.00). GUARANTOR'S REPRESENTATIONS. I know that Lender, from time to time, has loaned or may loan money to Borrower. 1 am making this uaranty at the request of Borrower and not at Lender's request. I am making this guaranty of payment so that Lender will loan money to Borrower or agree to other requests of Borrower. I agree that Lender's willingness to make the loan to Borrower is enough consideration for my giving of this Guaranty. No representations or agreements of any kind have been made to me which would limit or qualify in any way the terms of this Guaranty. GUARANTY. I guarantee payment to Lender, in legal tender, of all amounts due now or later on Borrowers Note to Lender. My guaranty covers the principal, plus all interest, that may become due from Borrower, or either or any of them, to Lender in connection with the N te. GUARANTOR'S AUTHORIZATION TO LENDER. I agree that Lender may do any or all of the following things, without telling me and without in any way lessening my promise to pay Lender: (A) Extensions to Pay. Lender may repeatedly grant Borrower more time to pay, and extensions may be for longer than the original loan term. (B) Renewals. Lender may renew any notes or agreements with Borrower. (C) Releases. Lender may lease any property or guaranty that secures any amounts due from Borrower. (D) Other Actions. Lender may take any other action under the terms of any agreement Lender has with Borrower or with any other guarantor. (E) Increase Interest Rate. Lender may increase or otherwise change the interest rate on any amounts owed to Lender. (F) Change Loan Terms. Lender may otherwise after or amend the terms of Borrower's debt to Lende (G) Sell the Loan Lender may sell, transfer or grant participations in all or any part of the Indebtedness, and this Guaranty may be transferred in w sole or in part to the purchaser. (H) Loan More Money. Lender may loan more money to Borrower and make new advances to Borrower. GUARANTOR'S WAIVERS. I agree that Lender will have the following rights, and that I am giving up the following rights: (A) information about Borrower. Lender does not have to tell me about any defaults of Borrower or any other information it now knows or later learns about Borrower's financial condition. I am responsible for being and keeping myself informed about Borrower's financial condition and about all other matters which may affect the risk that Borrower will not be able to pay the amounts i am guaranteeing under this Guaranty. (B) Direct Guaranty. If Borrower is in default under any agreement between Borrower and Lender, Lender may collect the amounts owed by Borrower directly from me. i will have to pay such amounts even if Lender does not try to collect from Borrower or from any other guarantor or evenrf Lender does not foreclose on any security Any delay of Lender in collecting from Borrower or pursuing any other remedy will not change my responsibility to pay Lender under this Guaranty. Th s will be true even if I cannot legally pursue the remedy myself. (C) Lender Paid First. If Borrower owes me money, I agree Lender will be paid before I am. In legal terms, this means Borrower's debts to me are subordinated to Borrower's debts to Lender. (D) Continuing Liability. I waive any defense that arises because of any disability or any other defense of Borrower or because Borrower is no longer liable to Lender for any reason. I spec fically waive any rights or defenses under any law, including any "one action" and "anti-deficiency` law which may prevent Lender from bringing a defici.ncy action against me after bringing any foreclosure action, either judicially or by exercise of a power of sale. (E) Counterclaims. I further waive and, to the extent not prohibited by law, agree not to assert or claim at any time any deduction to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, or similar right, whether such claim or right may be asserted by Borrower, by me, or by both of us. (F) Impairment of Collateral. I also waive any right to claim a discharge of my Guaranty on the basis of unjustifiable impairment of any Collateral securing any amounts du from Borrower. This includes without limitation waiver of any right to require Lender to perfect or maintain perfection of any security interest in any such Collateral. (G) Notices. I waive any requirement of Lender to give me notice of the terms, time, and place of any public or private sale of any collateral securing the Note or to comply with any other applicable provisions of the Uniform Commercial Code. (H) Other Waivers. I understand Lende will not give up any of its rights under this Guaranty unless it does so in writing. The fact that Lender delays or omits to exercise any right will not mea i that Lender has given up that right. If Lender does agree in writing to give up one of its rights, that does not mean I will not have to comply with the other provisions of this Guaranty. I also understand that if Lender does consent to a request, that does not mean that I will not have to get Lender's co sent again if the situation happens again. I further understand that just because Lender consents to one or more of my requests, that does not mean Le ider will be required to consent to any of my future requests. I waive presentment, demand for payment, protest, and notice of dishonor. In addition to the waivers set forth herein, if now or hereafter Borrower is or shall become insolvent and the Indebtedness shall not at all times until aid be fully secured by collateral pledged by Borrower, I hereby forever waive and give up in favor of Lender and Borrower, and Lender's and Borrower's respective successors, any claim or right to payment I may now have or hereafter have or acquire against Borrower, by subrogation or otherwis , so that at no time shall i be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Fe erat bankruptcy laws. NATURE OF GUARANTY. Lender does not have to accept this Guaranty to make it effective. It will be effective when I sign below and will continue in effect until all amounts f have guaranteed or otherwise have agreed to pay under this Guaranty have been paid in full. GUARANTOR'S FINANCIAL STATEMENTS. I represent and promise Lender that (A) the most recent financial statements I have given to Lend?r are true and correct in all respects, (B) they fairly present my financial condition as of the date shown on the statements, and (C) no material ad erse change has occurred in my financial condition since that date. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments and Interpretation. (1) What is written in this Guaranty is my entire agreement with Lender. This Guaranty may not be changed except by another written agreement between us. (2) If more than one person signs below, our obligations are joint and several. This means that the words "l," "me," and "my" mean each and every person or entity signing this Guaranty, and that, if Lender brings a lawsuit, Lender may sue any one or more of us. I also understand Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Guaranty are for convenience purposes only. They are not to be used to interpret or define the provisions of this Guaranty. (4) 1 agree that this Guaranty is the best evidence of my agreements with Lender. If a court finds that any provision o this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enfor ;ed. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or CONSUMER GUARANTY (Continued) Page 2 unenforceable. Governing Law. This Guaranty will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. I agree to pay all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal exp nses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and I shal pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not they, is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatics y or injunction), appeals, and any anticipated post-judgment collection services. I also shall pay all court costs, in addition to all other sums provi ed by law. This Guaranty also secures all of these amounts. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or defin? the provisions of this Guaranty. No Waiver by Lender. I understand Lender will not give up any of Lender's rights under this Guaranty 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 riahts, that does not mean I will not have to comply with the other provisions of this Guaranty. I also understand that if Lender oes consent to a request, that does not mean that I will not have to get Lender's consent again if the situation happens again. I further understand that just because Lender consents to one or more of my requests, that does not mean Lender will be required to consent to any of my future requ sts. I waive presentment, demand for payment, protest, and notice of dishonor. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shat be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a natio ally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage pre aid, directed to the addresses shown near the beginning of this Guaranty. Any person may change his or her address for notices under this Guaranty 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, I agree to keep Lender informed at all times of my current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. It will be my responsibility t tell the others of the notice from Lender. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means ROMAN T. BARD and TERRI A. BARD, and all other persons and entities signing the Note. Collateral. The word "Collateral" means all of my right, title and interest in and to all the Collateral as described in the Collateral Des section of this Guaranty. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation JOHN E BARD. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty, Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns" mean any per?on or company that acquires any interest in the Note. Note. The word "Note" means the note or credit agreement dated June 11, 2003, in the principal amount of $100,000.00 from ROMAN T. B RD and TERRI A. BARD to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitution for the note or credit agreement. PRIOR TO SIGNING THIS GUARANTY, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS GUARANTY, INCLUDING THE N071 ,-E TO COSIGNER SET FORTH BELOW IN THIS DOCUMENT, IN ADDITION, I UNDERSTAND THAT THIS GUARANTY IS EFFECTIVE UPO MY SIGNING THIS AGREEMENT AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED AS SET FORTH IN THE SECTION TI LED "NATURE OF GUARANTY". I AGREE TO ALL THE TERMS AND CONDITIONS OF THIS GUARANTY. THIS GUARANTY IS DATED JUNE 11, 2003. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL. CONSTITUTE AND HAVE THE OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: (Seafi JOH E B RD, 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 metl 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 tact become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt. IAStR PRO -V. Wt 5.11.50.002 C- -- Fl,unciffi Sa-,, Inc. IN, 2,3, Nt Aloft Res_ • PA C:,,e1 Oell,. FC Mina, PA-tt EXHIBIT "C" CONSUMER GUARANTY xtc?pal Lan Mate r r Loan No Ca1t f Coa ?lcco>t? # mber liti£ to s ?t 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. tforrower: ROMAN T. BARD (SSN: 177-62-2309) Lender: ORRSTOWN BANK TERRI A. BARD (SSN: 184-60-3024) KING STREET OFFICE 22 MIDDLE SPRING RD. 77 EAST KING STREET SHIPPENSBURG, PA 17257 P 0 BOX 250 SHIPPENSBURG, PA 17257 Guarantor: PATRICIA W. BARD 5 BARD RD. SHIPPENSBURG, PA 17257 AMOUNT OF GUARANTY. This is a Guaranty of the Note, including without limitation the principal Note amount of One Hundred Thr usand & 001100 Dollars ($100,000.00). GUARANTOR'S REPRESENTATIONS. I know that Lender, from time to time, has loaned or may loan money to Borrower. I am making this Guaranty at the request of Borrower and not at Lender's request. I am making this guaranty of payment so that Lender will loan money to Borrower or agree to other requests of Borrower. I agree that Lenders willingness to make the loan to Borrower is enough consideration for my giving of this Guaran.. No representations or agreements of any kind have been made to me which would limit or qualify in any way the terms of this Guaranty. GUARANTY. I guarantee payment to Lender, in legal tender, of all amounts due now or later on Borrower's Note to Lender. My guaranty covers the principal, plus all interest, that may become due from Borrower, or either or any of them, to Lender in connection with the Note. GUARANTOR'S AUTHORIZATION TO LENDER. f agree that Lender may do any or all of the following things, without telling me and without in any way lessening my promise to pay Lender: (A) Extensions to Pay. Lender may repeatedly grant Borrower more time to pay, and extensions ay be for longer than the original loan term. (B) Renewals. Lender may renew any notes or agreements with Borrower. (C) Releases. Lender may lease any property or guaranty that secures any amounts due from Borrower. (D) Other Actions. Lender may take any other action under the terms of any agreement Lender has with Borrower or with any other guarantor. (E) Increase Interest Rate. Lender may increase or otherwise change the i terest rate on any amounts owed to Lender. (F) Change Loan Terms. Lender may otherwise after or amend the terms of Borrower's debt to Lender (G) Sell the Loan Lender may sell, transfer or grant participations in all or any part of the Indebtedness, and this Guaranty may be transferred in w ole or in part to the purchaser. (H) Loan More Money. Lender may loan more money to Borrower and make new advances to Borrower. GUARANTOR'S WAIVERS. I agree that Lender will have the following rights, and that I am giving up the following rights: (A) Information about Borrower. Lender does not have to tell me about any defaults of Borrower or any other information it now knows or later learns about Borrower's financial condition. I am responsible for being and keeping myself informed about Borrower's financial condition and about all other matters which may affect the risk that Borrower will not be able to pay the amounts I am guaranteeing under this Guaranty. (B) Direct Guaranty. If Borrower is in default under any agreement between Borrower and Lender, Lender may collect the amounts owed by Borrower directly from me. ! will have to pay such amounts even if Lender does not try to collect from Borrower or from any other guarantor or even it Lender does not foreclose on any security Any delay of Lender in collecting from Borrower or pursuing any other remedy will not change my responsibility to pay Lender under this Guaranty. Th s will be true even if i cannot legally pursue the remedy myself. (C) Lender Paid First. If Borrower owes me money, I agree Lender will be paid before I am. In legal terms, this means Borrower's debts to me are subordinated to Borrower's debts to Lender. (D) Continuing Liability. I waive any defense that arises because of any disability or any other defense of Borrower or because Borrower is no longer liable to Lender for any reason. 1 spec ficaily waive any rights or defenses under any law, including any "one action" and "anti-deficiency" law which may prevent Lender from bringing a defici 3ncy action against me after bringing any foreclosure action, either judicially or by exercise of a power of sale. (E) Counterclaims. I further waive d, to the extent not prohibited by law, agree not to assert or claim at any time any deduction to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, or similar right, whether such claim or right may be asserted by Borrower, by me, or by both of us. (F) Impairment of Collateral. I also waive any right to claim a discharge of my Guaranty on the basis of unjustifiable impairment of any Collateral securing any amounts du from Borrower. This includes without limitation waiver of any right to require Lender to perfect or maintain perfection of any security interest in any such Collateral. (G) Notices. i waive any requirement of Lender to give me notice of the terms, time, and place of any public or private sale of any collateral securing the Note or to comply with any other applicable provisions of the Uniform Commercial Code. (H) Other Waivers. I understand Lende will not give up any of its rights under this Guaranty unless it does so in writing. The fact that Lender delays or omits to exercise any right will not mea that Lender has given up that right. If Lender does agree in writing to give up one of its rights, that does not mean I will not have to comply with the other provisions of this Guaranty. I also understand that if Lender does consent to a request, that does not mean that I will not have to get Lender's consent again if the situation happens again. I further understand that just because Lender consents to one or more of my requests, that does not mean Le ider will be required to consent to any of my future requests. I waive presentment, demand for payment, protest, and notice of dishonor. In addition to the waivers set forth herein, if now or hereafter Borrower is or shall become insolvent and the Indebtedness shall not at all times until aid be fully secured by collateral pledged by Borrower, I hereby forever waive and give up in favor of Lender and Borrower, and Lender's and Borro er's respective successors, any claim or right to payment I may now have or hereafter have or acquire against Borrower, by subrogation or otherwis3, so that at no time shall I be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Fe feral bankruptcy laws. NATURE OF GUARANTY. Lender does not have to accept this Guaranty to make it effective. It will be effective when I sign below and will continue in effect until all amounts I have guaranteed or otherwise have agreed to pay under this Guaranty have been paid in full. GUARANTOR'S FINANCIAL STATEMENTS. I represent and promise Lender that (A) the most recent financial statements I have given to Lend r are true and correct in all respects, (B) they fairly present my financial condition as of the date shown on the statements, and (C) no material ad erse change has occurred in my financial condition since that date. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments and Interpretation. (1) What is written in this Guaranty is my entire agreement with Lender. This Guaranty may not be changed except by another written agreement between us. (2) If more than one person signs below, our obligations are joint and several. This means that the words "I," "me," and "my" mean each and every person or entity signing this Guaranty, and that, if Lender brings a lawsuit, Lender may su any one or more of us. I also understand Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Guaranty are for convenience purposes only. They are not to be used to interpret or define the provis ons of this Guaranty. (4) 1 agree that this Guaranty is the best evidence of my agreements with Lender. If a court finds that any provision o this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invaliit or CONSUMER GUARANTY (Continued) Page 2 unenforceable. Governing Law. This Guaranty will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Attorneys' Fees; Expenses. i agree to pay all of Lender's costs and expenses, including Lenders attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and I she I pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not the is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatics y or injunction), appeals, and any anticipated post-judgment collection services. I also shall pay all court costs, in addition to all other sums prov ed by law. This Guaranty also secures all of these amounts. Caption Headings.. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or defrn the provisions of this Guaranty. i No Waiver by Lender. I understand Lender will not give up any of Lender's rights under this Guaranty 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 Lenders rights, that does not mean I will not have to comply with the other provisions of this Guaranty, I also understand that if Lender does consent to a request, that does not mean that I will not have to get Lender's consent again if the situation happens again. I further understand that just because Lender consents to one or more of my requests, that does not mean Lender will be required to consent to any of my future requests. I waive presentment, demand for payment, protest, and notice of dishonor. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and she I be effective when actually delivered, when actually received by telefacsimiie (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Anv person may change his or her address for notices under this Gua anty 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, I agree to keep Lender informed at all times of my current address. Unless otherwise provided by applicable law, if there is ore than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. It will be my responsibility tilk tell the others of the notice from Lender. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means ROMAN T. BARD and TERRI A. BARD, and all other persons and entities signing the Note. Collateral. The word "Collateral" means all of my right, title and interest in and to all the Collateral as described in the Collateral Des section of this Guaranty. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation PATRICIA W. BA6D. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Notel Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns" mean any per on or company that acquires any interest in the Note. Note. The word "Note" means the note or credit agreement dated June 11, 2003, in the principal amount of S100,ooo.Oo from ROMAN T. B?kRD and TERRI A. BARD to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitution l3 for the note or credit agreement. PRIOR TO SIGNING THIS GUARANTY, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS GUARANTY, INCLUDING THE NOTICE TO COSIGNER SET FORTH BELOW IN THIS DOCUMENT. IN ADDITION, I UNDERSTAND THAT THIS GUARANTY IS EFFECTIVE UP MY SIGNING THIS AGREEMENT AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED AS SET FORTH IN THE SECTION TI LED "NATURE OF GUARANTY". I AGREE TO ALL THE TERMS AND CONDITIONS OF THIS GUARANTY. THIS GUARANTY IS DATED JU E 11, 2003. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: xf' (Seal) PATRICIA W. BARD, 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 metl against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt.. usw ?HC: ??, w,. sr.somz coor, w"w Fl?m"eta+ snwms. mc.. +gn, ww. Ml moms ibaerv - vA e.•.e.mi L-c. Fc is-seas pR-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff. NO.: VS. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. VERIFICATION I, Steve Gormont, Vice President, Consumer Collections Manager, on behalf of Orr: 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r t {'?. 2312 JUL 23 AM 8: 37 CUMBERLAND C01JNI'Y PENNSYLVANIA 0%01V pf l unit, ?4116 OF I-, . Orrstown Bank vs. Roman T. Bard (et al.) Case Numb 2012-4341 SHERIFF'S RETURN OF SERVICE 07/16/2012 07:23 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 2012 at 1923 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John E. Bard, by making known unto himself personally, at 5 Bard Road, Shippenst Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally said true and correct copy of the same. , HALL, 07/16/2012 07:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 2012 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Roman T. Bard, by making known unto himself personally, at 22 Middle Spring Roa Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing tc personally the said true and correct copy of the same. SH?VNHALL, D 07/16/2012 07:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 2012 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Terri A. Bard, by making known unto Romand Bard, Husband of Defendant at 22 Mi Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same ti handing to him personally the said true and correct copy of the same. S 07/16/2012 07:23 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 2012 at 1923 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia W. Bard, by making known unto herself personally, at 5 Bard Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing tc personally the said true and correct copy of the same. SHERIFF COST: $84.00 July 17, 2012 SO ANSWERS, 4z v' ?, RONNY R ANDERSON, SHERIFF 16 arg, the 16 hirr 16 le 16 her - ySiiv4SN? -° T.. __ _,,, ~; -r~ ~.; hIN THE COURT OF COMMON PLEAS OF ~ `~-~' ;~' CUMBERLAND COUNTY PENNSYLVANIA ~ _ .~ - ,_ ~" ~ ``' G7 .. IV - ORRSTOWN BANK, CIVIL DNISION ~... ~ r> ; .~ c No.: 12-4341 CIVIL ~''`, ~°-~ ,~:~ Plaintiff, ISSUE NUMBER: vs. TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. I Hereby certify that the last known address of Defendant(s) is/are: Roman T. Bard & Terri A. Bard 22 Middle Spring Road Shippensburg, PA 17257 John E. Bar Patricia W and 5 Bard Roa Shiuoensb . PA FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 aµ~ ~ -' Ck ~ 2~ ~ INo~~ __ , ...y :r `.... .a•:~.. _. ~~,; d ,^~ ,~ _. S~~ a~ 133o s ~~C~~ g ~ ~-~~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Roman T. Bard, Terri A. Bard, John E. Bard and Patricia W. Bard, in the amount of $102,027.03 which is itemized as follows: Principal $ 96,650.97 Interest through 8-21-2012 $ 1,423.35 Late Charges $ 1,397.71 Satisfaction Fee $ 55.00 Attorneys' Fees & Costs $ 2,500.00 TOTAL $ 102,027.03 plus interest on the principal sum ($96,650.97) from Augus 22, 2012, at the rate of $7.637 per diem, plus additional attorneys' fees and costs. JAMES, & CONNELLY LL: By: Scott A rick, uire Attorne for amtiff PA LD. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 T - - -- AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as Sworn to and subscribed before me 1St day of August, 2012. o ary Public My Commission Expires: ~' ~ ~~~~ COMMONWL-ALT}IOF'PPNNtiYI VANIA Scott attached copies. Esquire NU'fAR1AL SliAl. DENISE L. FOSTER. NOTARY PU[31.IC CITY OF }IARRISBURG, DAUI'I IIN COUNTY MY COMMISSION EXPIRES MARCH (15, ?U13 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: ROMAN T. BARD ( ) Plaintiff (XXX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~ 1 ( ) A copy of the Order or Decree is enclosed, or (X~~X) The judgment is as follows: $102,027.03 plus interest on the principal sum ($96,650.97) from August 22, 2012, at the rate of $7.637 diem, plus additional attorneys' fees and costs. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: TERRI A. BARD ( )Plaintiff (XXX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $102,027.03 plus interest on the principal sum ($96,650.97) from August 22, 2012, at the rate of $7.63 er diem, plus additional attorneys' fees and costs. Dep IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: JOHN E. BARD ( )Plaintiff (XXX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $102,027.03 plus interest on the principal sum ($96,650.97) from August 22, 2012, at the rate of $7.637 r diem, plus additional attorneys' fees and costs. .~ Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: PATRICIA W. BARD ( ) Plaintiff (X~~X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX~~) The judgment is as follows: $102,027.03 plus interest on the principal sum ($96,650.97) from August 22, 2012, at the rate of $7.637 er diem, plus additional attorneys' fees and costs. 1 .... Depu T. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants IMPORTANT NOTICE TO: Patricia W. Bard 5 Bard Road Shippensburg, PA 17257 DATE OF NOTICE: August 7, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT DAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. AVISO IMPORTANTE A. Patricia W. Bard FECHA DEL AVISO: August 7, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. AMENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO 1NMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES S I DIETT CK & CONNELLY LLP DATE: August 7, 2012 BY: FIlZST CLASS U.S. MAIL, POSTAGE PREPAID Scott A. Dietterick, Esquire PA LD. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. IMPORTANT NOTICE TO: John E. Bard 5 Bard Road Shippensburg, PA 17257 DATE OF NOTICE: August 7, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DNISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. AVISO IMPORTANTE A. John E. Bard FECHA DEL AVISO: August 7, 2012 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y LISTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI LISTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 DATE: August 7, 2012 JAMES SM T DIE ERICK & CONNELLY LLP BY: Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIlZST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CNIL DNISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. IMPORTANT NOTICE TO: Terri A. Bard 22 Middle Spring Road Shippensburg, PA 17257 DATE OF NOTICE: August 7, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, CIVIL DNISION NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. AVISO IMPORTANTE A. Terri A. Bard FECHA DEL AVISO: August 7, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. AMENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES SMI'T'H DIETT$RICK & CONNELLY LLP DATE: A~ust 7, 2012 BY: u Scott ietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA LD. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 12-4341 Civil vs. ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICLA W. BARD, TO: Roman T. Bard 22 Middle Spring Road Shippensburg, PA 17257 Defendants. IMPORTANT NOTICE DATE OF NOTICE: August 7, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKI THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, vs. CIVIL DNISION Plaintiff, NO.: 12-4341 Civil ROMAN T. BARD, TERRI A. BARD, JOHN E. BARD & PATRICIA W. BARD, Defendants. AVISO IMPORTANTE A. Raman T. Bard FECHA DEL AVISO: August 7, 2012 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARR QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 DATE: August 7, 2012 JAMES S TH DIET RICK & CONNELLY LLP BY: Scott A. Dietterick, Esquire PA LD. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~r~ir at~~r~~ratrrp/.~~,rb ~'. ,~~.~~r of -~~ _ ra~~- Orrstown Bank vs. Roman T. Bard (et al.) Case Number 2012-4341 SHERIFF'S RETURN OF SERVICE 07/16/2012 07:23 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 16 2012 at 1923 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John E. Bard, by making known unto himself personally, at 5 Bard Road, Shippensb rg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally he said true and correct copy of the same. ,,, Sl~i'~1WN GJdT SHALL, 07/16/2012 07:15 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jufy 16 2012 at 1915 hours, he served a true copy of the within Complaint and Notice, 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 in personally the said true and correct copy of the same. SH~VN GUT-gHALL, DE 07/16/2012 07:15 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 16 2012 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Terri A. Bard, by making known unto Romand Bard, Husband of Defendant at 22 Mid le Spring Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same ti e handing to him personally the said true and correct copy of the same. , , 07/16/2012 07:23 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 16 2012 at 1923 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia W. Bard, by making known unto herself personally, at 5 Bard Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to er personally the said true and correct copy of the same. SHERIFF COST: $84.00 SO ANSWERS, ~~i~ July 17, 2012 RONNY R ANDERSON, SHERIFF 1,=r Gnun~yS.iits Shent7. 'Teiecsofl. Inc