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Home My WebLink About12-5445 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTIN J. WEIS, ESQUIRE IDENTIFICATION NO.51379 ATTORNEY FOR ELIZABETH J. GOLDSTEIN, ESQUIRE PLAINTIFF IDENTIFICATION NO.73779 DILWORTH PAXSON LLP 112 MARKET STREET, 8TH FLOOR HARRISBURG, PA 17101 (717) 236-4812 ORRSTOWN BANK No. - .S~~S ~iv~L Plaintiff CIVIL ACTION -LAW c v. ~ ~ t*ran z ROBERT L. SLAGLE and xr ~ SUSAN D. SLAGLE c4 Defendants. ~ ~,~„*,~i > --i rv NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a writtcn 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 of 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 INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013717-249-3166 or 800-990-9108 <c~ 103 ~ 7 S~°~~ 9737085 2 ?s-L~ 2~d~7~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTIN J. WEIS, ESQUIRE IDENTIFICATION NO. 51379 ATTORNEY FOR ELIZABETH J. GOLDSTEIN, ESQUIRE PLAINTIFF IDENTIFICATION NO. 73779 DILWORTH PARSON LLP 112 MARKET STREET, 8~ FLOOR HARRISBURG, PA 17101 (717) 236-4812 ORRSTOWN BANK Plaintiff No. CIVIL ACTION -LAW ROBERT L. BEAGLE and SUSAN D. SLAGLE Defendants. AVISO Le hen demandado en Corte. Si usted desea defender contra las demandas dispuestas en las p~ginas siguientes, usted debe tomar la accibn en el platy de veinte (20) dies despu6s de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la carte sus defenses u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hater asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted comps la cone sin aviso adicional Para cualquier dinero demandado en la queja o pare cualquier otra demanda o relevacibn pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO ]NMEDIATAMENTE. SI USTED NO RACE QUE UN ABOGADO VAYA A O LLAME POR TEL$FONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI(5N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMAC16N SOBRE LAS AGENCIAS QUE LOS SERVIC[OS JUR~DICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL CUMBERLAND COUNTY Cumberland County Bar Association 32 S. Bedford StreetCarlisle, PA 17013 717-249-3166 or 800-990-9108 9737085 2 MARTIN J. WEIS, ESQUIRE IDENTIFICATION NO. 51379 ATTORNEY FOR ELIZABETH J. GOLDSTEIN, ESQUIRE PLAINTIFF IDENTIFICATION NO.73779 DILWORTH PARSON LLP 112 MARKET STREET, 8Tii FLOOR HARRISBURG, PA 17101 (717) 236-4812 ORRSTOWN BANK CUMBERLAND COUNTY 2695 Philadelphia Avenue COURT OF COMMON PLEAS Chambersburg, Pennsylvania 17201 vs. CIVIL DIVISION ROBERT L. SLAGLE and SUSAN D. SLAGLE NO. 8 Foxfield Court Mechanicsburg, Pennsylvania 17050 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Orrstown Bank, a bank authorized to do business under the laws of the Commonwealth of Pennsylvania with an office at 2b95 Philadelphia Avenue, Chambersburg, Pennsylvania, 17201. 2. Defendants are Robert L. Slagle and Susan D. Slagle, adult individuals last known to have an address at 8 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Defendants, Robert L. Slagle and Susan D. Slagle, are the real owners of the property located at 8 Foxfield Court, Mechanicsburg, Pennsylvania, 17050. 4. On or about October 20, 2009, Defendants, Robert L. Slagle and Susan D. Slagle, executed a mortgage in favor of Plaintiff, Orrstown Bank, in the amount of Six Hundred Eighty 9737085_2 Thousand Dollars ($680,000.00}, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, as instrument number 200936178 and recorded on October 26, 2009. A true and correct copy of the Mortgage is attached hereto as Exhibit "A". 5. The Mortgage secures real property located at 8 Foxfield Court, Mechanicsburg, Pennsylvania as more particularly described in legal description attached to the Mortgage. 6. There have been no assignments of the Mortgage. 7. The Mortgage is in default by reason of, inter alia, the Defendants' failure to pay the monthly payment due for July 2012 and all subsequent monthly payments due on the note for which the Mortgage is collateral. 8. Under the terms of the Mortgage, the entire unpaid balance is now due and payable together with other charges as follows: Principal Balance $ 659,637.66 Interest to 8/10/12 $ 4,145.19 (per diem $99.81) Termination and Satisfaction Fees $ 255.00 Attorneys' fees $ 18_,000.00 Total Due: $ 682,037.85 9. The per diem interest on the underlying obligation is $115.13. 10. Notice pursuant to Section 403 of Act 6 of 1974, 41 P.S. §403, is not required in this matter since the principal amount of the Mortgage is in excess of Fifty Thousand Dollazs ($50,000.00). Act 91 Notice is not required. WHEREFORE, Plaintiff, Orrstown Bank, demands judgment in the sum of Six Hundred Eighty Two Thousand Thirty Seven and 85/100 Dollars ($682,037.85) plus interest and costs and 2 9737085_2 for foreclosure and sale of the mortgaged premises. Dil P o J.j~~'~ B ~ Y~ Martin . We s Elizabeth J. Goldstein 112 Market Street, 8a' Floor Harrisburg, PA 17010 (717) 236-4812 Attorneys for Plaintiff 3 9737085 2 f ' COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF FRANKLIN Bradley Tanguay, being duly sworn according to law, deposes and says that he is Vice President of Orrstown Bank, Plaintiff named herein; that as such he is authorized to take this Affidavit on its behalf; that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Bradley Tanguay Vice President Sworn to and Subscribed before me this ~ day cor~r~oN ~+~~Yw,?~+ of ~ , 2012. NoaTa~ s..~ ~ R. NaN, Now1? Pu~c ` ' 16 MEMBER, pENNSYWANIA AS90MTION OF NOTARIES Notary lic 973?085_2 Exhibit "A" .,.J(~~i`f Parcel Identification Number: ~I~~1 SS-06.09.019 RECORDATION OOOFCO REQUESTED BY: ORRSTOWN BANK SILVER SPRING OFFICE 77 EAST-KING STREET P O BOX 260 SHiPPENSSURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 2595 PHR.ADELPHIA AVENUE CHAMBERSBURG, PA 77201 FOR f Fj~ORQER'S USE ONLY MORTGAGE Amount Secured Hereby: 5880,000.00 THIS MORTGAGE dated October 20, 2009, 1s made and executed between Robert L Slagle and Susan D Slagle n/kr'a Susan B DeRemer ireferred to below as "Grantor"1 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 oonsidsretion. GroMOr grants, bargains, sells, conveys, assigns, transfers, releases, oonfirms end mortgages to Lender all of GreMOr's right, tide, end interest in and to the falbwMg desarlbad reel property, together with ell axbting or subsepuantly eroded or affixed buildings, Improvements and fiMwee; all streets, lames, aNeys, passages, and ways; all easements, rights of way, ell Ubartlea, Privileges, tenements, haraditaments, and appurtenances thereunto belonging or snywfsa made appurttmant hereafter, and the reversions end remainders with rospect thereto; all water, water rights, weterootxsea and ditch rights (including stock in uUUtlss with ditch or irrigat'an rightsl; and all other rights, royalties, and profits rNetirq to the real property, including wtthout Iimitatbn ail minerals, oil, as, geothermal end simUar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See attached The Real Properly or its address is commonly known as 8 Foxfield Court, Mechanicsburg,. PA 17050. Tha Real Property parcel identification number is 38-08-0009-019. Grantor presently assigns to Louder ell of Grantor's right, Nde, end interest in end to all present and future leases of the Property end sit Rants from ttw Property. In addition, Grantor grants to tender a Uniform Commercial Codo aecurity Infarest in the Parwnal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS ANO THE SEWRITY INTEREST NV THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE fA1 PAYMENT OF THE INDEBTEDNESS AND' IBF PERFORMANCE OF ANY ANO ALL OaI.IGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 8680,Ot10.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of eny "ens action" or "anti-deftoiency' law, or any other law whkh may prevent Lender from bringing arty action against tirenlor, including a claim for deficbncy to the extent Lender is otherwise entitled to a claim for deficiency, before or after tender's commenosment or completion of any torecloawe ectbn, either iudicleily or by exercise of a power of sale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. GrenlOf warrants that: lal this Mortgage is exeoutad at Borrower's request and not at the request of Lender; Ib1 Grantor has the full power, rlghl and authority to erKar fnta M'a Mortgage and to hypothecate the Property; Ic1 the provisions of this Mortgage do not convict with, or result In a default under eny agreement or other Instrument binding upon Grantor srxl da not rasuh in a violation of eny law, tegulaUon, court decree or order applicable to Grantor, Id) GraMDf has established adequate means of obtainklg from (3wrower on a continuing basis information about Borrower's financial condition; and lei Lander hsa made no representation to Grantor about Borrower Itncluding without Umiletion the creditworthiness of Borrowarl. PAYMENT AND PERFORMANCE. Except as otftarwias provided in this Mortgage, Borrower shall pay to Lender all Indebtednasa secured by this Mortgage as It becomes due, and Borrower and Grantor shell strictly perform ell Borrower's end Grantor's oWigetione under this Mortgage. POSSESSIpN AND MAMITENANCE OF THE PROPERTY. Borrower and Grantor agree Lhst Borrower's and Grantor's possession end use of the Property shall be governed by the following provisions: Possaaabn and Use. UnUI the occurrence of an Event of Default, GreMOf may 111 remain in possessbn and control of the Property; (2i use, operate or manage the Property; and 131 collect the Rents from the Property. Duty to MsiMSin. Grantor shall maintain the Pfoperty in good condition and promptly perform all repairs, replacements, end maintenance necessary to preserve Its velum. Compliance With EnWronmentsi laws. Grantor represents and warrants to Lender that: 111 During the period of Grantor's ownership of the Property, there has been no use, generation, monufacture, storage, treatment, disposal, release or tfveatened release of any Flazardoua Substance by eny person on, under, about or from the Property; (21 Grantor has no krwwledge of, or reason M believe thetthere has bean, except es previously disclosed to end acknowledged by Lender in writing, lal any breach or violation of any Environmental Laws, lb1 eny use, genaetion, manufacture, storage, [rretment, 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 Icl any actusi or tl~reaYened litigation or claims of any kind by env person relating to such matters; and (31 Except as previously MORTGAGE (Continued) Peee 2 disclosed to end acknowledged by Condor in writing, le) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property ahali use, 9enenta, manufacture, store, treat, rfbpoao of or release any Ha:erdoua Substance on, under, about or from the Property: aril Ib? any such activity shah be candueted in compliance with all appNCebb fedareL state, end bcsl laws, ragtAationa end ordinances. inoltding wltttout Nmitadon all Environmental laws. Grantor eutftorizas Lender and its sgonta to enter upon the Property to make such Impactions end tests, st Grantor': expense, as Lander may loam appropriate to determine eomplisnce of the Property with this secton of the Mortgsgs. Any Impactions or tests made by Larder shah be for Lender's purposes only and shall not be aomtrusd to crsaU any rospomNifNty or IfabNity on the pert of Lender to Grantor or to arty other parson. The reprepttgtiom trod warranties coMSkNd herdn sro based on Grantor's due dlggsrtce In inwsUgatktg tM Property for Hazardow Sttbftaneea. Grantor hereby .iii releases aril waives any future clskns against Lander for kdsmnitY or contribution M the event GreMOr beoomsa Ilsbb for eleartup or other coats under any suoft Isws; and (2) agrees to indemnify. defend, and hold harmless Lender agdmt srW end eN palms, leases, NabiUties, damages, psndtbs, artd experues which Lander may directly or kdirectly sustain or suffer restrhirtg from a breech of this seatbn of tlb Mortgage or as' • catsequsnco of any use, generetbn, manufacturo, storage, disposal, release or throataned rdssee ocaturirtp prior to Orantor'a owmreftip a interest in the Property, whether or not the same was or shotAd ftaw been known to Oramor. Tho provbiom of this .faction of the Mortgage, including the obNgatbn to Indsmnlly end defend, shall survive fire payment of fife Indebtedness and ttte fstbfection and reconveyenca of the Ilan of [his Mortgage and shall not ba affected by Lender's acquisition of any Interest in the Property, whether by foreolostxe or otherwise. Nubarws, Waste. Grantor ahaN not cetmo, conduct or permit soy nulaance nor commit, permit, or suffer any stripping of or waste on or to the Property or arty portion of the Property. Without Ilmitktp the generagty of the foregoing, Grantor will not remove. or grant to arty other party the right to remove, any timber, mMarola (including oil and gas). coal, clay, scoria, soli, growl or rock products without Londsr's prior written conaem. Removal of Improvements. Grantor shall not demolish or remove any Irnprovements from the Rael ProportY without Lender's prior written consent. As a condition to the romowl of any Improvemsnu, Lender may require Grantor to make arrsngoments satlsfectory to Larder to replace stxh Improvements with Improvements of et least equal value. Lender's Right to Enter. Lsrdsr end Lfndtu's sgonta artrf representetlwa may enter upon the Rad Property at all raesonsble times to ettentl to Lendan'f htterosts end to Inspect the Real Property for purposes of Grantor's compNance with the terms std conditlom of thin Mortgage. CompNenoe with Oovernmentd Regtdrementa. Grantor shall promptly comply with aN levee, ordimncea, end reguletiom, now or hereafter in aHact, of aN gownnmeMSl euthoritiss applicable to the use or oeaupancY of the Property. Grentor may contact In goad faith any such law, ordinsnca, or regulstiort end withhold compliance during any proceeding, Including appropriate appoa?s, so bttg as Grantor has notified Candor In writing prior to doing so and so long as, in Lender's sole opinion. Lender's Interests in the Property are not jooperdtted. lender may royuire Grantor to post adequate security or a surety bond, reasonably aatiafactory to Lender, to protect Lender's Interest. Duty to Wotsat. Grantor agrefa mither to sbendon or leave umttsndod the Property. Grantor shall do all other acts, in edditbn'to those seta set forth shove in fhb section, which from the character and use of the Property sro roeaonably necessary W protect end preserve the Property. DUE GN SALE -CONSENT BY LENDER. Larder may, et Lender's option, declare immediatoty due aril payabb aN sums aeoured by thin Mortgage upon the sale tX transfer, without Lortder's prior written CameM, of all or any part of the Reat Property, or any intmeat M fife Red Property. A "ssM a tranater" rmam five corwayance of Red Property or any right, title or intetwt M the Red Property: wfisther bgd, benstielel or equitable; whether voltmtsry or involumsry; whether by outright eels, dead, ImbHment. sde contract, lard aomraat, contract for dead, basehold interoat with a term greeter than three [31 yearo, baeraptlon contract, or by sde, usigrenenl or tramlar of any bemfldsi irnsrest in or to arty boil frost hoWi+tg title to the Roei Property, w by any other rrrethod of corneyanr»» of an interest in the Resl Property. However, this opton shelf not be axerciead by Lender if such exercise b prohibited by federal law or try Penmylvania {ave. TAXES AND LIENS. The folbwing provialona relating to the taxes and Ilene on the Property are pert of this Mortgage: PayrmM. GfaMOf sM1i pay when due (end in aN swrtts prbr to delinquency) sN taxes, psyroN taxes, special taxes, asssssmonU, water cherpee and sewer service ehargae bviad against or on account of the Property, end shall pay whop due aN claims for work done on a for services rondered or materiel furnbhed to the Property. Grantor shell mdntsM the Property tree of any Nens having priority aver or squat to the interest of lender ardor this Mortgage, except for those liens spealficaily sgroed to In wddng by Lender, and except for the Ilan of texas and assasamenta not due ea furtfter speclfled in the Right to Contest paragraph. Right to Catteat. Grantor may withhold payment of arty tax, treaewment, or shim in connection with a good faith dlapute over tixt obligatbn to pay, so bog as Lerder'a interest in tfb Property b not jeopardized. If a Ikn arbee or is Rbd ss s rsstrit of nonpaymen4 Grantor shall within Rhaen (15) days attar tM Nen ariaea or, it a lien is fNsd, wthin Iifteen ltfi) days sftsr Grantor has notice of the filing, secure the diacMrge of the lien, or if requested by Lender, dspoeh with Lender cash or a sufficient corporate surety bond or other seewity setiefactory to I.erder in an amount aufHcfani to tlisohatge the lien plus arty emote end rsasombb attorneys' lase, or other charges that could aeerue ss a result of a foreclosure or ssb under the Iten. In any comsat, Grantor shill defend Itself end lender end shall satiety soy adverse judgment before ertforcemant sgsimt the Property. Grantor shall mate Lender as an additional obligee under soy suroty bond furnished in the contest proceedings. Evidence of Payrt»M. Grantor shall upon demsrd famish to Lemfer aatlafsctory evidence of payment of the taxes or asasssrmnte and dtdl atrthodze fife sppropriMS governmental official to deliver to Lender at any time a written stetsment of the taxes and asseaamenta sgalmt the Properly. Notice of Construction. Grantor shell rtoUty Larder st least fifteen 115) days before any work is commenced, any services ere furrdahed, or soy matsriala are supplied to the Property, II any mechanic's lien, materblmsn's Nan, or oilier tbn could bs asserted on account of the work, services, or materials. Grantor will upon request of Lender famish to Lander advance assurances fatisleaory to Lender that Grantor can and wilt pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The Talluwirtg provisions relating to insuring the Property era a pert of this Mortgage: Makttenanoe of Insurance. Grantor shell procure and maintain poticiea o/ fire inswance with standard extended coverage endorsements on a reptecsmsnt bsab for the full insurable value covering ell Improvements on the Resl Property in en amount sufficient to avoid appNeation of any coinsurance claws, aril with a standard mortgagee clause In favor of Lender. Polkiea shall be written by such Inauranre compsnias and in such form as may be reasonably acceptable to Lender. Grantor shell deliver to lender certificates of coverage from each imturer MORTGAGE (Continued) Page 3 contenting s stipulation that coverage will not be eattcsNed or diminfsMd without a minimum of ten 1101 dsya' prior written notice to Lender ant not conteiMng arty d'aclaimer of the kwtxer's NaMiRy ftx 1siWre to giw such notice. Each inaurttnae pogcy sbo ehaN Include an endorament providing that coverage in hwr of Lender wNl rat be impaired in any way by any oct, omission or default of Grantor or any other parson. Should dte Real Property ba bcetod in an area designated by the Dkector of the Federal Ematgsnoy Managomont Agency as a epeo)al tbod hazard aroe, Grantor agrees to obtain and maintain Federal Flood Instxenca, IF wsllable, widtirt 45 days alter notice b given by Lender that the Property b boated in a spacial flood hszsrd aroe, for the full trnpsid prinGpal babnee of tiro loan and any prior Netts on the property sscudttg tiro login, up to the maximum poNcy limits set under the Natbnal Flood insurance Program, or es otherwise required by Lender, end to maintain such insutonoe far the term of the loan. Applbatton of Protrosds. Gremor shall promptly notify Lards of any loss or damage to the Property. tender may make proof of bsa if Grantor fells [o do so within Rfteen Itfll days of the casualty. Whether or not lender's security is impaked, Larder may, et lender's ebotbn, reoeiw and retain the proceeds of arty insurance end apply the proceeds [o tfto reduction of the Indebtedness, payment of any Iisn alfectfng the Property, or the restoratbn and repair of the Property. It Lender alerts to apply the proceeds to reatorsdon and repak, Grantor stroll roPNr or roplaee the damaged or destroyed Improvements in a msrtner satbfsatory to Lender. Lender sheN, upon estiafsctory proof of such otgtsrtdkwa, pay or raimbtrroe Grantor from the protxede for the rsssortabb cwt of repdr or restoration if 6rmtrx b tat in defstdt txttfer tMs Mortgage. Any proceeds which hew not been dbburaed within i BO days after their receipt end whbh lender itts rrot oommktsd to the repek or rostoratbn of the Property shall be used fiat ro pay any amount owing to Lender under this Mortgage, then to pay aeenrad intoner, and the retnalttder, If any, shah be appNed to tiro prftttdpal bsfsnoe of fire Intlebtodroa. if Lender holes any procsade after payment in full of the Ittdabtedttssa, such proceeds shall be paid to Orsntor ss Grsmor's intwasu may appear. LENDER'S EXPENOiTURES. If Grantor fails lA) to keep the Property free of all taxes, [lens, security itrcarasts, encumbrances, and other dsima, fIS to provide arty required insurance on the Property, or 1C1 to male repairs to the Property than Lender may do so. N env action or proceeding b commenoad that woub mererially effsat lArdePs interests W tiro Property, then lender tm Grantor's behalf may, but is not required to. take any action that Lettder balbvea to fro appropriate to protect Lettdor's interests. All expanses incurred or paid by Lender for such purposes wttl than beer interest at the rate cfrorged under the Note from the data incurred or Psld by Lattdor to rho data of ropaymont by Grantor. All such axpetroes wNl become a pert of the Indsbtetlrrosa and, st Lender's option, wiN IAi bo payable on demand; 181 be added to the belerxxt of the Note std be apportioned among and he payable wkh arty irrotaNmant peymenb to becotrta due during either (11 the term of any appgcsbb itrourartca poNcy; or (2a the rsmainktg term of fire Note; or (C) ba treated as s baNoon payment whkh will be dt» and payabb at the Note's maturkY. The Mortgage also wNl secure payment of these amounts. The rights provided for in fhb parsgrsph sheN bs in addition to any other tights rx any remedies to which Lardor may be anGtktd on aocotxtt of wry default. Any surd[ acton by Larder shah rat be construed ss curing rho default w ea to bar Lender from any remedy that h otherwise would have had. Grantor's obligstbn to lender for all such axpensea shall aurvlw the entry of any mortgage fweclosuro judgment, WARRANTY; DEFENSE OF TITLE. The foNowing provisions rebting to ownership of the Property are a part of this Mortgage: Tide. Grantor warrants that: (d Grantor holds good end markeabb Hite of record to the Property in fee almple, tree and clear of all Narro end encumbronws other than those set forth M the Real Property descdptbn or b any tkle tnsuraras policy, tlNe report, or Nrtel title opinion issued In hvor of, turd accepted by, tender in connection with fhb Mortgage, end (b) Grantor has rho fuN right, power, and wthoraty to execute and dellwr this Mortgage to fonder. Oefanw of Tkls. Subject to tiro exception in the paragraph above, Grantor wartents and will forever defend the tiffs to the Property agairut the lawful clsfma of aU persons. In the event any acdon or propeding b oommencad that quosUons Grantor's tltb or tM imerest of Larder urtdor this Mortgage, Grantor sheN detond the action st Grantor's sxponee. Grantor may be the terminal party in such proaeedirtg, but Lander shall ba entitled to participate M the proceeding and to ba represented In the prtx:eeding by cowtaol of Lsnder'a own choico, artd Grantor wNl deltwr, or cause to be delivered, to Lendor such Instrumartts as Lender may request from time to time to pormit each participator. Compliance Wilt Lsws. Grantor warrant[: N1at rho Property end Grenlor'a use of the Property complies with all existing applicablo laws, ordinances, and regulstlotro of governmental suthorhies. Survival of Prombes. All promisee, agreemonta, and sUtements Grorttor has made in this Mortgage shah survive the exacutbn and delivery of this Mottgsge, sMN be continuing in nature end shall remain in tali force and effect until such time as Borrower's Ittdebtedrtess la paid )n full. CONDEMNATN)N. The following provisions robtittg to condemnation proceettirga era a part of this Mortgage: Proosedirtgs. If any prooaodirp In eondornnation is filed, Grantor shNl promptly rat11Y Lander in writing, end Grantor sheN promptly take such steps as may W netrossary to dehnd [fro ectbn and nbtam the award. Grantor may be the nominal party In such procesdhtg, but Lender sM11 bs trttitled to pardciparo M the proceeding and a bo represented in the proceeditg by oowroal of its own choice, and Grotttor wiN Heaver or taros to be delivered to Larder such inetrumonts and documantatbn as may be requested by Lender }rum time to time to pormlt such participation. AppNaatlon of Net Proceeds. If eN or arty part of the Property is eondetnned by omkxtnt domain proesadinge or by any proceeding or purchase in Neu of condemnation, Lender may st ks ebction require that ea or my portion of the net proceeds of the sward be'applied to tM Indebtedness ar the repair or rastoraUon of the Property. Tho net protxeds of the award shall mean the award char payment of all actual costs, expenses, and attorneys' fees incurred by Larder in connection with the condemnation. IMPOSITI~I OF TAXES. FEES ANO CHARGES BY GOVERNMENTAL AUTHORITIES. Tha following provisions relating to governmental taxes, foes std charges giro a part of this Mortgage: Current Taxes, Faes end Charges. Upon request by Lender, Grantor shell execute such documents in addition to this Mortgage end take whawver other action is requested by Lender to perfect end continue Lender's ben on the Real Property. Grantor shall reimburse Lender for all taxes, as descrated below, together with all expanses incurred in recording, perfecdng or contkttNng this Mortgage, including without limitation aN taxes, fees. documentary stamps, end other charges for recording or regieterittg thb Mortgage. Taxes. Tha following shall tbnsthute taxes to which this suction appNas: 111 a aperific tax upon this type of Mortgage or upon all or my pert of the Indebtedness secured by ihia Mortgage: 121 a specific tax on Sarrower which Borrower is authorized or roquired to deduct hum payments on the Itdebtedness secured by this typo of Mortgage; l3) a tax on dtis type of Mortgego chargeable ageirut the Larder or the holder of the Nota; and (4) a specific tax on all or any portion of the Indebtedness or on payrttents of principal and Interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent [o the date of this Mortgage, MORTGAGE (Continued) Page 4 this evont shall have the same effect as an Event of Default, end Lender may exercise any or all of Ire ava0sble remedies for en Event of Default as provkbd bektw unless Grantor either Iii pays the tax before h baoomes delinquent, or t21 comests the tax as provided above in the Taxes and Liens section and deposks wfth Lender cash or a sufficient oorporate surety bond or other seouriry satisfactory to lender. SECURITY AGREEMENT; FINANCING STATEAAENTS. The folowing provisbns relating to this Mortgage as a security agreoment aro s part of this Mortgage: Saeurky Agreement. This Instrument chap tonstituto a Sscwity Agreement to the extent any of tits Property constitutes Rxturea, and Lander shell have ep of the right of a sects~ed party ender the Uniform Commercial Code as amended from Nma to time. Seaxiry Interest. Upon request by Lender, Gfantof sMtl take wftatewr action is requested by Lender to perfect and contkwe Lender's sscuriry interest in the Persortel Property. in addition ro recording thin Mortgage in the reel property records, Lender may, et any time and without further authorization from Grantor, file executed countsrpsrts, copies or roproductbro of this Mortgage as a fbartdng statement. Grantor ahaU roimburoa Letder for aN expanaee incurred M perfsctirq or contktuktg tMs security interest. Upon default, Grantor shah not remove, sever or detaoh the Psrsonel Property from fife Property. Upon defatAt, Grantor shall assomble any Personal Property not sfNxed to the Propsrry in a manner and st a place reasonably txutvsMem ro Granror and Lander end make it avaNabk to Lender within three (31 days after receipt of wrkten demand from Lender to the extent permittod by applicable kw. Addresses. The maNirq sddresaes of Granror Idobtal and Lender (aecwed party) from wttlcfi information concemktp the seourity interoat granted by ttds Mortgage may ba obtained leeoh as required by the UMform Commercial Code) ere as stated on tM fleet page of this Mortgage. FURTHER ASSURANCES; ADDfTIONAL AUTHORIZATIONS. Tha following provisions relating to further asaurences and additional authorizetlone era a pan of this Mortgage: Furtltar Asawsncss. At any time, and from tktte to time, upon request of Lander, Grantor will make, execute end deliver, or wNl cause to be made, executed or dNiwred, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reflled, w rerecorded, as rho case may bo, at such times end in such offlcaa and ptaoes es Larder may deem appropriate, any and aN such ntortpsges, deeds of trust, sscunty deeds, seounry agroomonts, financing steremonts, continuation ststerttertts, klstrumeMb of further assurance, cardfbatea, and other documents se may, In the sob opinion of Lander, ba rteosasary w deskable in order to effectuate, complete, perfect, continua, or preserve lt) Borrower's and Orantor'a o6tlgatk>ats under fife Nots, this Mortgage, end the Related Documents, and l2) the liana and seotalty Intonate created by tMe Mortgage es first. and poor Ilene on tM Property, whether now owned or haroaftsr soquked by Grsrttw. UMass proftibited by taw or fonder agrees to the contrary In writing, Gramor shad reimburse Lender for aN costa end expenses incwred in corutectbn with the matters rehrced to in this paragraph. Additional Atrtlwrizettwtc. It Granror falls to do arty of the ihktga referred to In tho preceding pare~sph, Lender may do ao for ertd in tM name of Grantor and at Grantor's expense. For such pwpoees, Granror hereby Ircevoosbly autfiorizss Lerxlsr ro make, execute, deliver, ills, record and do sd other things ss may bs necessary or deakable, in Lender's sole opinion, to accompNsh tits mattsro referred to in the preceding paragraph. it ie understood that nothing set forth herein shall require Lander to tales any such sotiona. FULL PERFORMANCE. If Borrower and Grantor pay all the indebtedness when due, and Orsntor otherwise performs etl the obligetiorts imposed upon Grantor under this Mortgage, Lender efteN exeouta -end deliver to Grantor a suitabb satisfaction of this Mortgsga and stdtable statemonta bf terrNnation of any Nnancirq statement on file avidoncing Lender's security Mterest in the Rents and the Peroonal Property. Orentor will pay, It permitted by applicable law, any reasonable terminstlon toe as dsarmMed by Lender from time ro time. EVENTS OF DEFAULT. At lender's option, Grantor will be in default under this Mortgage if any of the talbwing happen: Payment Oafault. Borrower faits to make any payment when due undor the Indebtedness. Default on Other Paymams. Failure of Orentor wkhin the Nme required by this Mortgage to make any payment for taxes or inswence, or any other payment necessary to prevent fiNng of or W effect discharge of any Bert. Break Other Promises. Borrower w Oramor 6raab srry promise made to Lender or fails to perform promptly et the timo and strictly In the manner provided in this Mortgage or in any egroernant related to this Mortgage. FNse Statements. Any representation or statement made or furNshed to Lander by Borrower or Grantor or on 0orrower's or Gramor'e behalf under thin Mortgage of tho Related Documents is false or mieleeding in any material respect, either now or at rho time made or furnished. Defeotiva Cotletsradzatbn. This Mortgage or any of the Rslatad Documents ceases to be in fue force end effect llneluding failure of any coNeteral document to create a valid and perfected security interest or Itonl et any time and for any reason. Dssth or Insolvency. Tho death of Borrower or Grantor, the insolvency of Borcower or Grantor, the appointment of a reeeiwr for any pert et Borrower's or Grantor's property, any aasignmsnt for the berteNt oT eredftora, any type of creditor workout, or the commencement of any prooasding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Taking of the Property. Any eredftor or govsmmantat agency trios to take any of the Property or any other of Borrower's or Grantor's property in which Lender has a qen. This includse taking of, garrdahing of or levying on Borrower's or Grantor's accounts with Lender. However, If 8orcower or Grantor dlaputes in good faith whether tho claim on which the [eking of the Property Is based la valid or reasonable, end If Borrower or Grantor glues Lender writton notice of the claim and furnishes Lender with monies or a surety bond setiafactory to Lender to satisfy the skim, than tNS default provision will not sppty. Broach of Other AgrsameM. Any broach by iloffOWef of Grantor under the terms of any other agreement balwaen Borrower or Grantor and Lander that is not remedied within arty grace period provided thorein, including wkhout limitatbn any agreement concerning any indebtedness of other obligation of Borcowor a Grantor to Lender, whether existing now or lator. Events Affecting Ouarsmvr. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation petty of any of the Indebtsdnsss nr any guarantor, endorser, surety, or accommodation party dies or beoomee incompetent, or revokes or disputos rho validity of, or liability under, any Guaranty of the Indebtedne86. Insecurity. Lander in good faith believes itself insecure. Right to Cwe. If any default, other than a default let payment is curable end if Grantor has not been given a notice MORTGAGE (Continued) Page 5 of a breach of ttw same provisbn of this Mortgage within the preceding twelve (121 months, It may bs cured it Grantor, after Lender sends written nodce to borrower demanding cure of such default: iii curse the default within f)ftean 1151 days; or 12l if the cure rsquiroe more then fifteen (15) days, imrrbdstely iMdates steps which Lender deems M Lender's sMe discrotion to be auffk~iaM to Dore the default and dtereaher condnws end completes aN reasonably end necessary steps sufficient to produce t:ompNtrnce ss soon as reasonably prectieel. RIGHTS AND REMEDIES ON DEFAULT. Upon dts occtxrortce of an Event of Osfeuft end at arty time thereafter, Lender, at Lertder'a option. may exercise any one or more of the foNOwing rights end remedies, in addition to any other rights or romedbs provided by law: Acoelerote Mdsbwdneas. Lender eMll have the right st its opton, after giving such notices as required by applicsbla law, to declare the andre Indebtedness imrrmdiately due and peysbla. UCC Remedies. Wi[h respect to all or any part of tM Psroonsl Property, Lender shall have ail the rights and remedies of a secured party under the Uniform Commercial Coda. CoNsct ReMS. Lander sheN have the right, wldaut nodca to Borrower or Grantor, to take possession of the Property end colect the Rents, inckrdktg amouMi past hue and unpaki, and apply the net proceeds, over and - above Lender's costa, egNnst the indsbtadness. In furthsrerae of this right, Lender may require any tenant or otMr user of the Property to make payments of rent or t»e fees dMecdy to Lender. If the RsnM ere ooNected by Lander, then Grantor irrevocably audwri:ss Lender to endorse InsUtattents nceived in payment thereof in the name of Grantor and to negpdate the same end collect the proceeds. Payments by mnenta or other users to Lender in response to Londar'a demand shell sadsty the obHgstlons for wMch the payments are made, wttethar or not any proper groundc for the demand existed. Lender may exercise its rights under tMs subperagroph either in person, by spent, or through a receiver. Appoint Receiver. Candor shall have the right to have a rocaiver appointed to take possessors of elf or any part of the Property, with the power to protect and preserve the PropsRy, to operate the Property preceding fwaeloaure or sale, and to collect the Rents item the Property artd apply the proceeds, over and above the cost of the receivership, sgalnst the Indebtedness. TM receiver may serve widaut borxf if permitted by taw. Lender's right to the appointment of a receiver shall exist whether or not the apparent vsttrs of tiw Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a teCeiVef. Judicial Foroclosure. Lender may obtain s judicial decree foreclosing Grantor's interest in elf or any part of the Property. Nonjudlciel Sale. l? permitted by appUcaMo law, Lender may foreclose Grantor's interest in ell or in any pert of the Personal Property or the Real Property fly npn•jtld)cial sob. Deficiency Judgment. Lender may obtain a judgment for any degcbncy remaining in the Indebtedness due to Lander after appgcatbn of ell amounts received from the exeroiee of the rights provided in this section, Tenancy at Sulfsrsnce. It Grantor remains M possession of the Property after the Property is sold ae provided above or Lander oMerwisa becomes entitbd to poeacssion of the Property upon default of Borrower or Grentor, Grsnttx shall become a tenant at sufteronce of Lender or the purchsssr of the Property and aheN, et Lender's opdon, etcher Iii pay a reasonable rental for the vse of the Property, or t21 vacate the Properly immediately upon the demand of Lander. Other Remedies. Lender shah have ail other rights and remedies provided In this Mortgega or the Note or available at law or in equity. Sale of the Property. To the extent permitted try appNCal>fe law, Bwrower and Grentor Mroby waive any and all right to have the Property marshalled. In exercising Its rights and remedies, fonder shall be tree to seN aN or any part of the Property together or separately, in one sob or by separate sobs. Lender shall be entitled to bid et any public sale on ell or any pwtan of the Property. Notice of Sala. Lender wNl give Gramor reasonable nodes of the dma artd place of any public sob of the Personal Property or of the dma shat which any private sale or other intended disposition of the Personal Property is to be made. Unless otMrwise requirod by applicaftb law, roasonabb notce ahaN mean notloa given at least tan 110! date txfora the dma of Ute sale or disposition. Any sob of the Personal Property may tre'mede in conjunction with any sob of [he Real Property. Election of Remedies. All of Lender's rights and romedies wIN ba cumulative and may be exarebed abno or togettar. An elecdon by Lender to choose any one remedy will rat bar Lender Irom using any other remedy. If I.artder decides to epertd money or to perform any of Grantor's oWigatbns under this Mortgage, shat Grantor's failure to do so, that decision by Lerxlar wNl not offset Lender's right to declare Grantor in default srxi to exercise Lender's remedies. Attorneys' Feas; Expanses. tf Lender institutes any suit or actbn to enforce any of the terms of this Mortgage, Lando! sheN be entitled tD rscovet such sum es tits court may adjudge rossonable as attorneys' fees at trial and upon any appeal. YVhether or not any court ectkxt is imrolved, and to the extent not prohibited by few, ell. reasonebN expenses Lander incurs that in Lsndor's opinion are rteoesssry at any time for the protection of its Interest or the snforosmant of its rights shall become a part of tiro Indebtedness payable on demand and shall bear Interest st the Note rata from the data of the expenditure urKN repaid. Expenses covered by fhb paragraph include. without Itmltadon, tawewr aub)ect to any limits urtdar applicable bw, Lender's reasonaby attomeva' toes an0 Lender's legal expenses, whether or not there is a lawsuit, including roasonsde attorneys' fees srtd expenses for bankruptcy proceedings (including efforts to modify or vacate arty automatic stay or injunction), appeals, and any sntblpeted post-Judgment collection services, the cost of searching records, obtaiMng tide ropers (including foreclosure roportsl. surveyors' reports, end appraisal fees and titb insursncs,. to the extent permitted by " ' applfcsble law. Grantor also will pay any court costa, in addition to aN other arms provided by few. N0T1CF~. Unless otherwise provided by applicable law, any notice required to be given under Mia Mortgega shah txr given in writing and shall be effective when actually deltvared, when actusNy received by teiofaceknile lunless odrerwiss requ'asd by lawl, when deposited with a nadontlly rocogrtirod overnight courier, w, 1f mailed, wl+sn deposited in the United States msN, es Nrat class, certified or regbtarod mail posaga propsid, directed to tfa addresses stawn near the treginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shah be sent to tender's address, es sfawn near the baglnMrtg of this Martgsgo. Any person may change his mr her address for notices under thh Mortgage by giving formal written notice to the other person or persons, apacifyirtg diet the purpose of the notice b to retenge the person's address. For ratite purposes, Grantor agrees to keep Lender Informed at aN times of Grantor's current address. Unbss otherwise provided by applicable law, if there is more than one Grantor, any notice given by lender to env Grentor is deemed to be notice given to all Grantors. tt will be Grantor's rasponsiblilty to tell the others of the reties from Lander. MORTGAGE iContinued) Pere s MISCELLANEOUS PROVISIONS. The followirg miscellaneous provisions are a pan of this Mortgage: AmsndrMnu. What is wrltton in this Mortgage and in the ReMtsd Documents is Orontor's entire apreomsnt with Lender concerning rho matters coVareO by this Mortgsgs. To be etfscNw, any chartpe or emandment to 1Me Mortgapo must be in writing ertd must ba signed by whoever will be bound or oWigsted by the change or amendment. Caption Headings. Caption heedtrtgs in this Mortgage ere for conwMence purposes only and ere not to be used to interpret or define the provisions of this Mortgspe. Governkrp Lew. Tfdt Mortgage will bs gowned by hdsrsl law applbaWe to Lender and, to tfre extent not preempted by federal law, the taws of the CommonwaNth of Pemsylvarrh without regard to its conflicts of law provisions. This Mortgage free been acospted by Lender in the Commonweahh of Pennsylvania. Joint and SewrN llebiUty. All oblipatlons of Borrower end Grantor under thES Mortpsge shall be joint and several, end all referoraes to Grenror shell mean each and every Gremor, end Mt refsronoes to Borrower shell mesn ssch ' and awry Borrower. This means that each Grantor signing hekw is resporralbk for all oWlpadone In this Mortgage. No Waiver by Lander. Grantor txrdersunda Lender will not give up arty of Lender's rights under this Mortgsgs unless I:errder does ao In wrung. The fact that Larrder decays or omits to exercise arty right wW not rrwan [het Leader hqs given up that right, If Lender does spree in writktg to give t0 one of Under's rights, that does not mesn Oramot will not have to comply with the otfier provisions of this Mortgage. Gremor sleo wrdsrsunds that if Lender doss conaont to a rettueet, that does trot mean that Grantor wNl not hew to got Londer'a tansent agsirt If the sltusdon happens again. Gromof funfter urxJSrstands that )wt becstrae Lender oorrsenb to eras or moro of Grantor's requests, first does not mean Lender wi8 ba raquirod to cauent to any of Grantor's future requests. Grantor weiws presentment, demand for payment, protest, and notke of dkhonor. Sovwa6Ufty. If a cotxt finds that any provision of tMa Mortgage is not wiW or should not be enforced, that fact by lust! wUl not mean that the roar of this Mongage will not be wUd or enforced. Thereforo, a court wUl snforoe the rest of the provisions of this Mortgage awn If a provlaton of this Mongage may ba tourrd to rte lnwlid or unenforceable. Merger. Tfrere shall be no merger of the interest or estate Crested by this Mortgage with any other inureet or estate k the Property et any time held by or for ttra benefit of Lender In arty capacity, witfaut the written consent of Lender. Stsecessor Intsfeata. Tire terms of this Mortgago shall be bindlttg upon Grantor, and upon Grantor's heirs, porsonal roprosantaNvea, successors, arM assigns, ahd shall be enforoeabb by Londor and its auecaasora end assigns. Time is of tM Essence. Time b of the essonce In the performance of the Mortgage. DEFINITIONS. The following words shell haw the foUowkrg meanings when used M title Mortgage: Borrower. The word "Borrower' means Robert L Slagle and Susan B DsRemer and inclrxfee all co-signers and co-makers signing the Note end ail their aucoessore and assigns. Envirommsntal Lews. The words "Envtronmentat laws" mean any and ell atsta, federal and bcel statutes, rapWstkm end ordinenoss relatktg to the protsctfon of human Mslth or the environment, IncltxHng without Ikrdtation the Comprehenslva Environmental Response, Compensstfon, end Liaf>tdry Act of 1980, as arrrerrded, 42 U.S.C. Section 8801, et seq. ("CERCLA"1, the Supsrftutd Amendments and Reauthoriza[ion Act of 186!3, Pub. L. No. 89-489 ("SARA'), rite Hazardous MateAab Transportation Act, 48 U.S.C. Section 1801, et seq., the Reaourco Consarwdon and Reoowry Act, 42 U.S.C. Secton 8901, et esq., or other sppUcablo state or fedarol Iews, rubs, or regulatkns adopted pursuant thereto. Event of Defauh. Tho words "Event of Datault" mean any of fire events of datault sat forth in this Mortgage in the owns of default section of this Mortgage. GfaMOr. The word "Gremor° means Robert L Slagle and Susan D eagle s/k/a Susan B DoRomar. Guaranty. The word "Guaranty" msena the guaranty from gwrohtor, endorser, surety, or accommodation party to lender, Irrclrrding without limitation a guaranty of all or part of rite Note. Haurdow Suftatangos. Tha words "Hazatdow Substances' mean matoriala that because of tfrek quantity. concerttredon ar phyakal, chemical or infsctbue chetacttulstics, may cause or pose a prtaent or poundal hazard to human heaitH or Nis environment when improperly wed, treated, stored, dfsposad of, genereud, mararfactured, bansportad or otherwise handled. Tha words "Hazardous $trbnaness" ero tread in their very broadest sense end inckrde without limigtion any and all hazardotrs a toxk eubstaneea, materlsls or waste as detfnad by or listed under the Envlronmsntel laws. Tfie term "Hazardous Stfisuncss" also includes, wkhout limitaton, petroleum end petroletm by-products or any frectkn thereof end sabeatos. Improvsmsrrts. The word `Improvements" mearu all existing and future improvamenb, buildings, structures, mobile fames atfixad on the Roel Property, faciNtise, sddidorts, replacements end otfwr conatruclkn on the Real Property. IndWterhresc. The word "irldsbtadness' means ail prMcipei, interest, and other amounts, costs and expenses payabb under the Nota or Related Documents, together with ail renewals of, axtenabns of, modlNcstbne of, eoneolkedons of errd substitutions for the Note of Related Documenu end any amounts expended or sdvenced by Lender to discharge Grantor's obligatkns or expense incurred by lender to enforce Grontor's obligations under this Mortgage, together with interest on such amounts as provided to this Mortgage. Lender. Tha word "Lender" msena ORRSTOWN BANK, ire succeasora end assigns. Tha words `auccessore or assigns" mean any psreon or company that acquires any interest in the Note. Mortgage. The word 'Mortgage" means this Mortgage between Grantor arW Lender. Note. TISe word "NOro" means the promissory note dated October 20, 2009, in the original principal 8rt10Uttt Of $680,000.00 from Borrower to lerdar, together with all renewals of, extensions of, rnodiiketkna of, rofinenelnps of consolidetlons of, and sutx3titutions for the promissory note or agreement. Ths maturity date of itle lJOte is November 1, 2038. Pereonal Property. Tiro words "Personal Property" mean ell equipment, tixturea, and other srtklas of personal - Property now or hereafter awned b`/ Grantor, end now or hereafter attached or affixed to the Real Property; togetfer with all accessions, parts, and addidons to, ell replacements ol, and all substitutions for, any of such property; and together with ell proceeds (italuding without IimitaNon ail insurance proceeds and refunds of promiumsl from any sale or other disposition of the Property. Property. The word 'Property" means collectively the Real Property and [he Personal Property. MORTGAGE (Continued) Page 7 peal Property. Tha words "Real Property' mean the real property, interests and rights, es furtMr described in this Mortgage. Related oocuments. Trio words 'Related Doownents` mean sg promissory notes, credit agreements, loan agreements, emironmantal sgresmenw, gusrantbe, eecuriry agreements, mortgages, deeds of trust, security deeds, oollsterat mortgages, end ell other instruments, agreements and documents, whether now or Mreaftor existing, executed in ctmrtoction with the irxiebtsdrwaa. Rents. TM word "Rents" means all present arW future roots, ravenuea, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLE06ES HAVING READ ALL THE PROVISIONS OF THUS MORTGAGE, ANO EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAG IS GIVEN UNDER SEAL ANO IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE ECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANT X ~ ~ (Beall o e - X rte' /e/^/~/ usaS ' ~iagle a k a S ~~emer (Seated ~ - Signed, sekrrowledgsd end deawred in the presence of: X Witness X _ VyiG[ese CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of tM mortgagee, ORRSTOWN BANK, herein is as follows: SILVER SPRING OFFICE, 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 Aa ~ or nt for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 ) SS COUNTY OF ` V ~ ffsTt,Cr{Nl~ On this, the day of vG?e a:ar 20 before me SaS~w_ C. ~~~L urxleni Notary per'sonapy appeared Ro~bsrt 1. Slegb arW man i) Sisgle a1k1a Sutan OsRemer. known to ms (or satkfactorNy prowni m be tM person whose names are subscribed to the within Instrument, arW eckrtowledged that they executed SM same for tM purposes therein contained. In witness whereof, I Mnunto set my hand end offiolsl seal. t~6MAOfJWFPA..TF1 of PENNSnvu~w Notatiolifisal Susan L Maba¢1, Notary Pu6Yc Notary Public in and ror the State of ~?A1 S U y~ AAedtanUabug Bao. QxltberlsdOoudY MYOtatattisebttENtkea Nov.2k2011 '+-+nrn~•b,•ni~ s.-.othtkrn of Notedes LA R e ng, ar. .4 opr. sAand Fins lotions, nc. 1 87, 2 9, Atl fights Reserved. - PA c:1CFl1LPL\ti03.FC TR-24203 PR-9 LEGAL D1zSCRiPTTON - ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Major Final Subdivision Plan far The Peninsula (Phase l), prepared by H. lydward slack & Associates, P.C., more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument on the western right-of--way line of Foxficld Court at the dividing line between Lot-110 and Lot-109 on the hereinabove mentioned subdivision plan; thence along said dividing 1vne between Lot-110 and Lot-109, South 73 degrees 46 minutes 42 seconds West, a distance of 629.47 feet to an iron pin along the eastern right-of--way line of Conodoguinet Creek; thence along the eastern right-of- way line of Conodoguinet Creek North 10 degrees ~0 minutes 57 seconds West, a distance of 51 ] feet to an iron pin along potherb lands now or formerly of Sample Bridge Associaus; thence along the lands now or formerly of Sample Bridge Associaus North $1 degrees 3U maiutes 00 seconds East, a distance of 428.30 feet to an iron pin at the dividing tine between Lot 108 and Lot 109; thence along said dividing line.betweea Lot-108 and Lot- 109 South 40 de~ees 19 minutes 46 seconds East, a distance of 436.$9 feet to a eoncxete monument along the westrn1rigM-of--way line of. Fo~eld Court; thence along the western right-of--way line of Foxf eld Court on a cuave to the left baying a radius of 50 feet an arc length of 65 feet to a concrete monument at the dividing line between Lot-109 and. Lot-110; the point and place of BEG1NNiNG. CONTA}NING x.9597 acres more or less. B)!?ING LOT-109 on the hereinabove mentioned Subdivision Plan for The Peninsula (Phase 1) as recorded in the Office of the Recorder of Deeds in and for• Cumberland County in Plan Book 65 at Pas~c 28. BEING the same premises which Sample Bridge Associates by its deed dated January 13, 1994 and recorded an January 24, 1994, in Deed Book "T", Volume 36, Page 772, in the Office of the Recorder of Deeds in and for Cumber]and County, Pennsylvania, granted and conveyed unto Robert L. Slagle Fuxl Susan D. Slalzle, hu.5band and wife, the Borrowers and Mortgagors herein. • , ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - ~ 1 COURTAUUSE SQUARE CARLISLE, PA 1.7013 - 717-240-6370 4 - ~ d ~ ~ . Instrument Number - 200936178 Recorded On 10/268009 At 9:54:29 AM * Total Pages - 9 * Instrument Typc - MORTGAGF, Invoice Number -54793 User ID - MSW * Mortgagor - SLAGLE, ROBERT L * Mortgagee - ORRSTOWN BANK * Customer - SNELBAKER * FEES STATE VQRIT TA7C $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JvsTICE DO NOT DETACH RECORDING FEES - $19.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $Z.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $56.50 I Certify this to be recorded in Cumberland County PA RECORDER O D DS s t> • -Information denoted by an asterisk may change durinE the verification process and may nut be redacted oa ibis paec. OOOpCO IIIINI~L11~~IIN FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERiAND COUNTY, PENNSYLVANIA cr9 ry Plaintiff(s) ra ORRSTOWN BANK ~ C r*'i v5. G7 ROBERT L. BEAGLE AND -C~' w a SUSAN D. SLAGLE / J[ ~S ~ ~ Defendant(s) ~ Civil :L t'~ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE-~ ~ x"' ~ ~ DIVERSION PROGRAM ~ You have been served with a foreclosure complaint that could rouse you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be ei~ible for a Conciliation Conference. First, within twenty (20) days of your receipt of this notice, you must contact MldPenn Legal Services at (717)243-9400 extension 2510 or (800) $22-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference Is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a 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 (ti0) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TH/S NOTICE. THIS PROGRAM /S FREE. Respectfully submitted: X131 I ~ a ~ Date Signature of Counsel for Plaintiff FORAA 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Flnanclal 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 lang7 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: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and 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 Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ ~~rriobjl~ #i: Model: Year: Amount owed: Value: Automobile ft2: Model: Year: Amount owed: Value: OtheE~ra~soortafion (a~~QmQI~Jie~~oats. motorcvciesl: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Wet Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Oays: Monthly Expenses: (Please oniv include expenses you $re cyfrently,pavinal EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 Mort a e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other Pro . Pa ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mon Day/Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income and 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: 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? 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/1Ne, 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 Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V 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 V (hardship letter) Listing agreement (if property is currently on the market) v Copy of 2 years of federal income tax returns V Copy of deed FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) ORRSTOWN BANK vs. ROBERT L. SLAGLE and SUSAN D. SLAGLE Defendant(s) Ctvil REQUEST FOR CONC/L/ATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) ORRSTOWN BANK vs. . ROBERT D. BEAGLE and SUSAN D. BEAGLE Defendant{s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having tiled a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in acourt-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Ptalntiff/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 service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 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 either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/tender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the reschedu{ed Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore ail available resolution opt)ons which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future In exchange for not contesting the matter; offering the lender a deed in Ifeu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled condliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _ . Jody S Smith c: Chief Deputy ' 6? ` Richard W Stewart Solicitor .? , ... , .: ?;1.1???s??.sLAt??; E h11 S Y LV! 1A Orrstown Bank Case Number vs. 2012-5445 Robert L Slagle (et al.) SHERIFF'S RETURN OF SERVICE 09/19/2012 10:54 AM - William Cline, Corporal, who being duly sworn according to law, states that on September 19, 2012 at 1054 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Robert L. Slagle, by making known unto himself personally, at 1261 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised at this time, Robert L. SlagOLM(MCLINE, ing at 8 Foxfield Court, Mechanicsburg, Pennsylvania 17050. I DEPUTY 09/19/2012 10:55 AM - William Cline, Corporal, who being duly sworn according to law, states that on September 19, 2012 at 1054 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Susan D. Slagle, by making known unto Robert Slagle, Husband of Susan D. Slagle at 1261 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised at t time, Susan D. Slagle is still residing at 8 Foxfield Court, Mechanicsburg, Pennsylvania 17050. WILLIAM CLINE, DEPUTY SHERIFF COST: $50.45 October 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ii:j'eunyS.ut,t ghnri't, 1"e;_as?tt. Inc. a, L ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION ROBERT L. SLAGLE and NO. 12-5445 SUSAN D. SLAGLE PRAECIPE TO REASSESS DAMAGES TO THE PROTHONOTARY: Please reassess the damages in the original judgment entered in this matter in favor of Plaintiff, Orrstown Bank, and against Defendants, Robert L. Slagle and Susan D. Slagle, as follows: Original Judgment $688,037.85 Additional Interest(August 10, 2012 through May 21, 2013 @$115.31 per diem) 32,748.04 Total $720,785.89 Plus additional interest at the per diem rate of$115.31 and costs from May 21, 2013. DILWORTH PAXSON LLP M ' in J. s (PA. I.D. No. 51379) 1500 Market Street, Suite 3500E Philadelphia, PA 19102 (215) 575-7000 Dated: June 4, 2013 Attorneys for Plaintiff Fri 10809965_1 a913ql ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION ROBERT L. SLAGLE and NO. 12-5445 SUSAN D. SLAGLE CERTIFICATE OF SERVICE 1, Martin J. Weis, Esquire, hereby certify, that on the 4th day of June, 2013, I served a copy of the within Praecipe to Reassess Damages via first class mail, postage prepaid, and addressed as follows: Robert Chernicoff, Esquire 2320 North Second Street Harrisburg, PA 17110 Martin J. Wis 10809965_1 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION VS. ROBERT L. SLAGLE and NO. 12-5445 SUSAN D. SLAGLE PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in this matter against Defendants, Robert L. Slagle and F� orlsinat c'ad r4en't $6,g8, o37-*s Susan D. Slagle, as follows: Add-+A l =n.lmr CAiyasb io, Qorx "mama May .1, 2oi3(,��IIS•31 P��» Amount Due: $720,785.89 Interest from 5/21/13 Costs to be added Dilworth P son LP By: Ma in J. Wis, Esquire Elizabeth J. Goldstein, Esquire Attorneys for Plaintiff 112 Market Street, 8th Floor Harrisburg, PA 17101 215-575-7000 NOTE: PLEASE ATTACH DESCRIPTION OF PROPERTY �- -E [ j , r- A93 7-5- - LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township,Cumberland County, Pennsylvania,more particularly bounded and described in accordance with the Major Final Subdivision Plan for The Peninsula(Phase 1),prepared by K Edward Black&Associates,P-C.,more particularly bounded and described as follows;to wit: BEGINNING at a concrete monument on the western right-of-way line of Foxfield Court at the dividing line between Lot-110 and Lot-109 on the hereinabove mentioned subdivision plan;theace along said dividing line between Lot-110 and Lot-109,South 73 degrees 46 minutes 42 seconds West,a distance of 629.47 feet to an iron pin along the eastern right-of-way line of Conodoguinet Creel:;thence along the eastern right-of- way line of Conodoguinet Creels North 10 degrees 50 minutes 57 seconds West,a distance of 511 feet to an iron pin along potherb lands now or formerly of Sample Bridge Associates;thence along the lands now or fonnerly of Sample Bridge Associates Notch 81 degrees 30 minutes 00 seconds East,a distance o'1428.30 feet to as iron pin at the dividing line between Lot 108 and Lot 109;thence along said dividing line between Lot-108 and Lot- 109 South 40 degrees 19 minutes 46 seconds East,a distance of 436.89 feet to a concrete monument along the western right-of-way line of Foxfield Court;thence along the western right-of-way line of Foxfield Court on a eutve to the left having a radius of 50 feet an arc length of 65 feet to a concrete monument at the dividing line between Lot-109 and Lot-110;the point and place of BEGINNING. CONTAINING 5.9597 acres ntore or less. BEING LOT-109 on the hereinabove mentioned Subdivision Plan for The Peninsula(Phase 1)as recorded in the Office of the Recorder of Deeds in and for Cumberland County is Plan Book 65 at?acre 2S. BEING the saute premises which Sample Bridge Associates by its deed dated January 13, 1994 and recorded on.January 24, 1994,in Deed Book"T",Volume 36,Page 772,in the Office of the Recorder of Deeds itkand.for cunlaerland Coatuy,-P_mu;yh aia,-gza d and�d unto 1teb 1.�1a{;Ic atulSa�catx.-D ttt Slagle..- htisbaad and wife,the Borrowers and h4ortgagors herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-5445 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 Robert L.Slagle and Susan D.Slagle (1) You are directed to levy upon the property of the defendant(s)and to sell see legal description. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$688,037.85 Plaintiff Paid$ Interest Additional Interest(August 10,2012 through May 21,2013 @ 115.31 per diem) $32,748.04 Attorney's Comm. % Law Library$.50 Attorney Paid$21895 Due Prothonotary$2.25 Other Costs$ Date:June 4,2011-' 4 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name:Martin J.Weis,Esq. Address: 112 Market St.,8`"Floor Harrisburg,PA 17101 Attorney for:Plaintiff Telephone: 215-575-7000 Supreme Court ID No. 51379 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township,Cumberland County, Pennsylvania,more particularly bounded and described in accordance with the Major Final Subdivision Plan for The Peninsula(Phase 1),prepared by K Edward Black&Associates,P.C.,more particularly bounded and described as follows;to wit: BEGMIN1NG at a concrete monument on the western right-of-way line of Foxfiel0 Court at the dividing line between Lot-110 and Lot-109 on the hereinabove mentioned subdivision plan;thence along said dividing line between Lot-110 and Lot-109,South 73 degrees 46 minutes 42 seconds West,a distance of 629.47 feet to an iron pin along the eastern right-of-way tine of Conodoguinet Creek;thence along the eastern right-or- way line of Conodoguinet Creek North 10 degrees 50 minutes 57 seconds West,a distance of 511 feet to an iron pin along potherb lands now or formerly of Sample Bridge Associates;thence along the lands now or formerly of Sample Bridge Associates North 81 degrees 30 minutes 00 seconds East,a distance o'1428.30 feet to an.iron pin at the dividing line between Lot 108 and Lot 109;therico along said dividing line between Lot-108 and Lot- 109 South 40 degrees 19 minutes 46 seconds East,a distance of 436.89 feet to a concrete monument along the western right-of-way line ofFoxlield Court;thence along the western right-of-way line ofFoxlield Court oil a curve to the left having a radius of 50 feet an are length of 65 feet to a concrete monument at the dividing line between Lot-109 and Lot-110;the point and place of BEGrNINING. CONTAINING 5.9597 acres more or less. BEING LOT-109 on the hercinabove mentioned Subdivision Plan for The Peninsula(Phase 1)as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 65 at'Pa_c 2S. BEING the saute premises wbieh Sample Bridge Associates by its deed dated January 13, 1994 and recorded on January 24, 1994,in Deed Book"T",Volume 36,Page 772,in the Office of the Recorder of Deeds ist_ansi..for�tttnberIaxxd-Courtty„�' arrsylt ,-g-t�anied-and-cans€yed-,��,tP�n,�r�.�[a�xlt;.-�rd�-oxen-F?..Staele,_. husband and wife,the Borrowers and Mortgagors herein. ZiFIU 41 1 -4 PH MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8TH FLOOR HARRISBURG, PENNSYLVANIA 17101 (717) 236-4812 ORRSTOWN BANK, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION VS. ROBERT L. SLAGLE and SUSAN D. SLAGLE, Defendants. NO. 12-5445 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF PHILADELPHIA 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 8 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania: Name and address of Owners or Reputed Owners: Robert L. Slagle and Susan D. Slagle 8 Foxfield Court Mechanicsburg, PA 17050 10744501_4 Name and address of Defendant in the Judgment: Robert L. Slagle and Susan D. Slagle 8 Foxfield Court Mechanicsburg, PA 17050 Name and address of every Judgment Creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 2965 Philadelphia Avenue Chambersburg, PA 17201 Susquehanna Bank, f/k/a Graystone Bank 1570 Manheim Pike Lancaster, PA 17604 The Sherwin Williams Company 100 W. Prospect Cleveland, OH 44115 Upper Allen Township Municipal Building 100 Gettysburg Pike Mechanicsburg, PA 17055 Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 2965 Philadelphia Avenue Chambersburg, PA 17201 Graystone Bank f/k/a Susquehanna Bank 1570 Manheim Pike Lancaster, PA 17604 Name and address of every other person who has any record lien on the property: None 10744501_4 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Name and address of every other,person of whom the Plaintiff has knowledge who has any interest in the propertxwhich may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Dilworth Pa n L P By: M in J. Ws, Esquire Attorney for Plaintiff 112 Market Street, 8th Floor Harrisburg,PA 17101 717-236-4812 Date: June , 2013 V.�- ��.,�►.w�- MMflNWE UH OF PENNSYLVANIA NOTARIAL SEAL Stephanie McFadyen-Notary Public 3 /) 3 City of Philadelphia,Philadelphia County W COMMISSION EXPIRES FEB.03,2014 107445014 ;pall i 1%13 JUN -4 P�14 2- 43 PENNsYLVT NJA MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8TH FLOOR HARRISBURG, PENNSYLVANIA 17101 (717) 236-4812 ORRSTOWN BANK, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION vs. ROBERT L. SLAGLE and SUSAN D. SLAGLE, Defendants. NO. 12-5445 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert L. Slagle and Susan D. Slagle 8 Foxfield Court Mechanicsburg, PA 17050 The real estate located at 8 Foxfield Court, Mechanicsburg, PA 17050, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriffs Sale on September 4, 2013 at 10:00 A.M. at the Cumberland County Courthouse, Carlisle, Pennsylvania, to enforce the court judgment of $720,785.89 obtained by Orrstown Bank against Robert L. Slagle and Susan D. Slagle. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Orrstown Bank the amount of the judgment plus interest. To find out how much you must pay, you may call Martin J. Weis, Esquire, at (717) 236-4812. 10744501_4 c 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have to stopping the sale. (See notice at the end of this letter on how to obtain an attorney). YOU MAY HAVE ADDITIONAL RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Martin J. Weis, Esquire, at(717) 236-4812. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Martin J. Weis, Esquire, at (717) 236- 4812. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on or about October 4, 2013. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless Exceptions (reasons why the proposed distribution are wrong) are filed with the Sheriff within ten(10) days after October 4, 2013. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 10744501_4 CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PA 17013 717 249-3166 (IN PA) 800-990-9108 Dilworth Paxson LLP By_ "4,Q Marti J. s, Esquire Attorney for Plaintiff 112 Market Street, 8th Floor Harrisburg, PA 17101 717-236-4812 10744501_4 AN PM 2= 1,3 CUMMERLAPM G�U�j-' y PENNSYLVANIA i i MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8' FLOOR HARRISBURG, PENNSYLVANIA 17101 (717)236-4812 ORRSTOWN BANK, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION VS. ROBERT L. SLAGLE and SUSAN D. SLAGLE, Defendants. NO. 12-5445 CERTIFICATE AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the attorney of record for the Plaintiff in this action against real property and further certify that this property is not subject to Act 91 of 1983. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statement given herein. Dilworth Paxson L By: Ma in J. * ./is, Esquire Attorney for Plaintiff 112 Market Street, 8ffi Floor Harrisburg, PA 17101 717-236-4812 107445014 F 1U- 0 T H 0 N C 2013 JUN -4 FM 2. 4 P '11 1 3UMBERLAND COU"'T"' pF ,PL-N )4x PNIA MARTIN J. WEIS, ESQUIRE ATTORNEY FOR A& IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8' FLOOR HARRISBURG,PENNSYLVANIA 17101 (717)236-4812 ORRSTOWN BANK, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION VS. ROBERT L. SLAGLE and SUSAN D. SLAGLE, Defendants, NO. 12-5445 CERTIFICATION OF ADDRESSES I hereby certify that the precise address of the within named Judgment Creditor is 2695 Philadelphia Avenue, Chambersburg,Pennsylvania, 17201 I hereby certify that the last known address of the Judgment Debtors was 8 Foxfield Court,Mechanicsburg, Cumberland County, Pennsylvania, 17050. Dilworth Paxson LLP By: A4�"4 ' .r Marti rf J. We squire Attorney for Plaintiff 112 Market Street, 8h Floor Philadelphia, PA 17101 717-236-4812 107445014 � `-�Q 'f U1 ., DIRECT DIAL: �'�� r a��7' Martin J.Weis 215-575-7000 , mweis @dilworthlaw.com PENNSYLVANIA June 5, 2013 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST TO: Upper Allen Township Municipal Building 100 Gettysburg Pike Mechanicsburg, PA 17055 FROM: Orrstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Orrstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Orrstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilwort h By: son LLP Martin J. eis, Esquire Attorney for Plaintiff 107445014 l,l)N lFt 0Y z 13 JUG -la P : 2 43 DIRECT DIAL: Martin J.Weis 215-575-7000 C UMBERLAND ci% : ry mweis @dilworthlaw.com PENNSYLVANIA' June 5, 2013 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST TO: The Sherwin Williams Company 100 W. Prospect Cleveland, OH 44115 FROM: Orrstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Orrstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Orrstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilworth P son LP By: Martin J. eis, Esquire Attorney for Plaintiff 107445014 �r�y T `a(iii"� ��. VA a t I�'EI o f i'i" t r-4 t% d 2 d3 JUN —4 PM : 43 CUMBERLAN,'D 010UNI }t PENNSYLVANIA DIRECT DIAL: Martin J.Weis 215-575-7000 mweis @dilworthlaw.com June 5, 2013 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST TO: Susquehanna Bank f/k/a Graystone Bank 1570 Manheim Pike Lancaster, PA 17604 FROM: Orrstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Orrstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Orrstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilworth Pa on LL By: ✓'� Maltin J. s, Esquire Attorney for Plaintiff 10744501_4 1 LED PM DIRECT DIAL: Martin J.Weis 215-575-7000 mweis @dilworthlaw.com June 5, 2013 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST TO: Orrstown Bank 2965 Philadelphia Chambersburg,PA 17201 FROM: Orrstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Orrstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Orrstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilworth Paxs LLP By: , Marti J. Wei , squire Attorney for Plaintiff 107445014 MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8TH FLOOR n r HARRISBURG, PENNSYLVANIA 17101 ;x. ' (717) 236-4812 x� (5-n ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS c-- CIVIL DIVISION vs. ROBERT L. SLAGLE and NO. 12-5445 SUSAN D. SLAGLE CERTIFICATE OF MAILING OF NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ON DEFENDANTS AND SERVICE OF NOTICE OF SHERIFF SALE ON LIEN HOLDERS TO THE PROTHONOTARY: Martin J. Weis, Esquire, hereby certifies that Notices of Sheriff's Sale scheduled for September 4, 2013, copies of which are attached to the Affidavit Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 filed of record, were served on the following lien holders via first class mail on August 1, 2013 as evidenced by the attached U.S. Postal forms 3817 and addressed as follows: Upper Allen Township The Sherwin Williams Company Municipal Building 100 W. Prospect 100 Gettysburg Pike Cleveland, OH 44115 Mechanicsburg, PA 17055 Orrstown Bank Susquehanna Bank f/k/a Graystone Bank 2965 Philadelphia Avenue 1570 Manheim Pike Chambersburg, PA 17201 Lancaster, PA 17604 Robert L. Slagle Silver Springs Township* Susan D. Slagle 6475 Carlisle Pike 8 Foxfield Court Mechanicsburg, PA 17055 Mechanicsburg, PA 17050 *Served on August 12, 2013 11239767_2 DILWORT AXS N, LLP By: Ma tin J. Vk ei , Esquire Attorney for—Plaintiff 112 Market Street, 8th Floor Harrisburg, PA 17101 (717) 236-4812 Date: August , 2013 11239767_2 2 X13 JU![I —1{ PH 2: k DIRECT DIAL: , i r .-T F,; Martin J.Weis 215-575-7000 "1'1i L �'�'�t�� mweis @dilworthlaw.com PEId,dSY�1�I�fi�iA June 5, 2013 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST TO: Upper Allen Township Municipal Building 100 Gettysburg Pike Mechanicsburg, PA 17055 FROM: Orrstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Orrstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Orrstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilworth son LLP By: Martin Jbleis, Esquire Attorney for Plaintiff 107445014 x'13 ,JUN —I} PH 2: ( � Martin J.Weis DIRECT DIAL: - 215-575-7000 r s_ , ji _.,.., ,, ,._ mweis @dilworthlaw.com PENNSYL`►'AKIN t. June 5, 2013 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST TO: The Sherwin Williams Company 100 W. Prospect Cleveland, OH 44115 FROM: Orrstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Orrstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Orrstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilworth Pax son LP By: Martin J eis, Esquire Attorney for Plaintiff 107445014 T X013 JU(N 4 PM 2: 4, 14 CUMBERLAND PENNS YLVA NNA DIRECT DIAL: Martin J. Weis 215-575-7000 mweis@dilworthlaw.com June 5, 2013 NOTICE OF SHERIFF'S SALE AFFECTING YOUR PROPERTY INTEREST TO: Offstown Bank 2965 Philadelphia Chambersburg,PA 17201 FROM: Offstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Offstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Offstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilworth Paxs LLP By: Marti J. Wei ,tsquire Attorney for Plaintiff 107445014 13 JUN -4 PM 2: 44' 1-1--1-, C U�1 B E R L A IN"D ["U U 11 i P EIN N S Y LVA N I A DIRECT DIAL: Martin J. Weis 215-575-7000 mweis@dilworthlaw.com June 5, 2013 NOTICE OF SHERIFFS SALE AFFECTING YOUR PROPERTY INTEREST TO: Susquehanna Bank f/k/a Graystone Bank 1570 Manheini Pike Lancaster, PA 17604 FROM: Orrstown Bank OWNER(S): Robert L. Slagle and Susan D. Slagle PROPERTY: 8 Foxfield Court, Mechanicsburg, PA 17050 RE: Orrstown Bank v. Robert L. Slagle and Susan D. Slagle Court of Common Pleas of Cumberland County No. 12-5445 The above-referenced property is scheduled to be sold at the Cumberland County Sheriff Sale on September 4, 2013 at 10:00 A.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage,judgment, lien, leasehold or other interest in the property which may be extinguished by the Sale. You may wish to attend the sale to protect your interests. The Sheriffs Sale is to satisfy the judgment in mortgage foreclosure obtained by Orrstown Bank in the amount of$720,785.89. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff but not later than thirty days after the Sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days after the filing of the schedule. YOUR LIEN OR INTEREST IN THIS PROPERTY MAY BE LOST OR OTHERWISE AFFECTED ADVERSELY BY THIS SHERIFF'S SALE. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY HOW YOUR RIGHTS MAY BE AFFECTED. Dilworth Pa:5-,,\on LL By: "4'w Ma in J. )*A, Esquire Attorney for Plaintiff 107445014 Il,r —14 P1l 2: 14'f C-UJI1 7JER{..�if 111 LJJU-i rENNS)e Li/A1�'lA MARTIN J. WEIS, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 51379 DILWORTH PAXSON LLP 112 MARKET STREET, 8"FLOOR HARRISBURG, PENNSYLVANIA 17101 (717) 236-4812 ORRSTOWN BANK, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS .... ._ _ CIVIL DIVISION VS. ROBERT L. SLAGLE and SUSAN D. SLAGLE, Defendants. NO. 12-5445 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert L. Slagle and Susan D. Slagle 8 Foxfield Court Mechanicsburg, PA 17050 The real estate located at 8 Foxfield Court, Mechanicsburg, PA 17050, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriffs Sale on September 4, 2013 at 10:00 A.M. at the Cumberland County Courthouse, Carlisle, Pennsylvania, to enforce the court judgment of $720,785.89 obtained by Orrstown Bank against Robert L. Slagle and Susan D. Slagle. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to Orrstown Bank the amount of the judgment plus interest. To find out how much you must pay, you may call Martin J. Weis, Esquire, at(717) 236-4812. 107445014 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have to stopping the sale. (See notice at the end of this letter on how to obtain an attorney). YOU MAY HAVE ADDITIONAL RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Martin J. Weis, Esquire, at(717)236-4812. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Martin J. Weis, Esquire, at (717) 236- 4812. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on or about October 4, 2013. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this Schedule unless Exceptions (reasons why the proposed distribution are wrong) are filed with the Sheriff within ten(10)days after October 4, 2013. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 107445014 CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PA 17013 717 249-3166 (IN PA) 800-990-9108 Dilworth Paxson LLP By. dj-- Marti. J. , Esquire Attorney for Plaintiff 112 Market Street, 8t'Floor Harrisburg, PA 17101 717-236-4812 10744501 4 P( UNITEDSTdTES j� �POSTdtSERVKE• Certificate Of Mailing �. • zrAi=' This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. r PITNEY BOWES This form may be used f domestic and inte etiogal.maiI.—.�'`��, $ 01.200 from: ..• �-111? ' 02 1R C+s..� .. 0002095408 A0001 2013 H' SQ(y i 'P) C C>c. Uw MAILED FROM ZIP CODE 19 10 2 500 i�laaett Street-Suite 3500 `.11 �' CD"' �OS9 l q p w To: N l9 9 nC � O a. 11 On 0 s (0 oN Ury d PS Form 3817,April 2007 PS 7530-02-000 906 ro w Q n_. L7 rn o 0 .s 4" M 5E- ar a UN/TEDSTWES " hum _ POSTA'SERVXE° Certificate Of Mailing �! E N This Certificate of Moiling provides evidence that mail has been presented to USPSe for mailing. Q o _ This form may be used for domestic and international mail. -* - From: .J 'VV - t YL sm - -,.. fr• t 8r C:) UNIreo E FtT PARSON` Llr '= N , $ Wo ' u€ E 15017 t$VeeL UI�B0V. i} "in U1 To: A NA� 0 O S �P0 Poe% j Q(� PS Form 3817,April 2007 PSN 7530-02-000-9065 �' PRNEY BOWES 02 1R $ 01.20° 0002095408 AUG01 2013 MAILED FROM ZIP CODE 19 10 2 UNITEDSTdTES POSTdLSERVICE" Certificate Of Mailing This Certificate of Mailing provides evidence 11n,,itphas been presented to USPS®for mailing. This form may be used for domestic and inte`mationaL,tr�M� r - C From:`t yC7 UNITeo [)&V(4ZTH -PAXSd - P R 2 W 01 a eet Suite 00 E 0 o 1 4� 4 Co To: C O d Utr Y . o N �� s° '- .-a r—. iy7 11 .. 0 . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ot Jody S Smith Ito Chief Deputy -3 I r Richard W Stewart s;�:B. ,, , ,,T Solicitor P E S Y L`dA I Orrstown Bank vs. Case Number Robert L Slagle (et al.) 2012-5445 SHERIFF'S RETURN OF SERVICE 06/27/2013 10:30 AM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be John DeRemer, Step-Son,who accepted as"Adult Person in Charge"for Robert L Slagle at Lightstyles, LTD., 1261 Claremont Road, Middlesex Township, Carlisle, PA 17015, Cumberland County. 06/27/2013 10:30 AM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be John DeRemer, Step-Son, who accepted as"Adult Person in Charge"for Susan Deremer Slagle at 1261 Claremont Road, Middlesex Township, Carlisle, PA 17015, Cumberland County. 06/27/2013 11:55 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 8 Foxfield Court, Silver Spring -Township, Mechanicsburg, PA 17055, Cumberland County. 09/04/2013 As directed by Elizabeth Goldstein, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 10/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,020.75 SO ANSWERS, October 07, 2013 RONR ANDERSON, SHERIFF Sv C. ,d- M'` ` ,;z 5-6 S ,c)County Suite Sheriff:Telecsott Inc- r The Patriot-News Co. 1900 Patriot Drive bepatriot 'Xews Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2012-5445 RTOWN B NK ,Y This ad ran on the date(s) shown below: RSTOWN BANK vs. 07/28/13 BERT L SLAGLE S n Deremer Slagle riuj 08/04/13 A . Elizabeth Gold 08/11/13 LEGAL DESCRIPTION FOR n 8 FOXFIELD COURT ALL THAT CERTAIN tract or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, snore Z particularly bounded and described in accordance with the Major Final Subdivision S ,r l to and subscribed be'e :> e t is 23 day of August, 2013 A.D. Plan for The Peninsula(Phase 1),prepared S f ' by H. Edward Black & Associates, P.C., g more particularly bounded and described as Hp ►� 1 _ � ` follows, _— to wit: _ BEGINNING at a concrete monument on WI of Public the western right-of-way line of Foxfield Court at the dividing line between Lot-110 and Lot-109 on the hereinabove mentioned subdivision plan;thence along said dividing line between Lot-110 and Lot-109, South �_ N49yr Lynn Vlc `°i Il�tSry F �.r<" 73 degrees 46 minutes 42 seconds West,a 1 distance of 629.47 feet to an iron pin along mf �' hv ti�e u. 5 isn La s C_c 1� 0± the eastern right-of-way lineofConodoguinet Creek;thence along the eastern right-of-way till line of Conodoguinet Creek North it/degrees l') 50 minutes 57 seconds West,a distance of 511 led feet to an iron.pin along potherb lands now or formerly of Sample Bridge Associates; thence along the lands now or formerly of MARTIN J. WEIS, ESQUIRE i.0 IDENTIFICATION NO. 51379 _� ATTORNEY FOR DILWORTH PAXSON LLP PLAINTIFF 1500 MARKET STREET, 3500e ::Ii. E L ND COUNTY PHILADELPHIA, PA 19102 EN S Y LVA NI A (215) 575-7200 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL ACTION - LAW ROBERT L. SLAGLE and NO. 12-5445 SUSAN D. SLAGLE ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered in the above-captioned matter against Robert L. Slagle and Susan D. Slagle "Satisfied" upon payment of your costs only. Dilworth Paxson LLP By: '`� G Ma in J. eis, Esquire Attorney for Plaintiff 1‘9. 5 d 11437137_1 @k4L S.?�" / dog gf56 s F I LE,a-01:Fi G MARTIN J. WEIS, ESQUIRE OFTHE PROTHON(3TAR"i IDENTIFICATION NO. 51379 20.0 DEC I I PM 1; 23 ATTORNEY FOR DILWORTH PAXSON LLP PLAINTIFF 1500 MARKET STREET, 3500E CUMOERLAND COUNtY PHILADELPHIA, PA 19102 PENNSYLVANIA (215) 575-7200 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL ACTION - LAW ROBERT L. SLAGLE and NO. 12-5445 SUSAN D. SLAGLE PRAECIPE TO MARK SETTLED DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter"settled, discontinued and ended." Dilworth Paxson LLP By: Martin A. Weijjlsquire Attorney for P aintiff, Orrstown Bank 12293867_1 r MARTIN J. WEIS, ESQUIRE IDENTIFICATION NO. 51379 ATTORNEY FOR DILWORTH PAXSON LLP PLAINTIFF 1500 MARKET STREET, 3500E PHILADELPHIA, PA 19102 (215) 575-7200 ORRSTOWN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL ACTION - LAW ROBERT L. SLAGLE and NO. 12-5445 SUSAN D. SLAGLE CERTIFICATE OF SERVICE I, Martin J. Weis, hereby certify that on December 9, 2013, I served a copy of the foregoing Praecipe to Mark Settled, Discontinued and Ended on the following individual via first class mail, postage pre-paid: Robert Chernicoff, Esquire Cunningham & Chernicoff, P.C. 2320 North 2nd Street Harrisburg, PA 17110 V Martin J. W ' , Esq. (# 4333) DILWORTH PAXSON LLP 1500 Market Street, 3500E Philadelphia, PA 19102 (215) 575-7000 DATED: December 9, 2013 Attorneys for Plaintiff, Orrstown Bank 11293867_1