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HomeMy WebLinkAbout13-6244 r Supreme C, nnsylvania COur feCO IMO leas For Prothonotary Use Only: ? s C 'ilNE3r 4 _ Docket No: T Cit , ran County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or otherpapers as required by law or rules of court. Commencement of Action: S [M Complaint 0 Writ of Summons 13 Petition ® Transfer from Another Jurisdiction 0 Declaration of Taking E ]mead Plaintiff's Name: Lead Defendant's Name: C Orrstown Bank Charles R. Aument T Dollar Amount Requested: O within arbitration limits I Are money damages requested? El Yes © No (check one) im outside arbitration limits O N Is this a Class Action Suit? ® Yes IM No Is this an MDJAppeal? [3 Yes M No A Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esquire ® Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies O Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections © Nuisance 13 Dept. of Transportation ® Premises Liability © Statutory Appeal: Other S ® Product Liability (does not include mass tort) ® Employment Dispute: E C3 Slander/Libel/ Defamation Discrimination C ®Other: ® Employment Dispute: Other ® Zoning Board T ® Other: I ® Other: O MASS TORT 0 Asbestos N ® Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ®Ejectment ©Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation ® Declaratory Judgment ® Ground Rent Mandamus © Landlord/Tenant Dispute ® Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition © Replevin ® Legal ® Quiet Title [3 Other: ® Medical © Other: ® Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION NO.: Plaintiff, VS. TYPE OF PLEADING CHARLES R. AUMENT, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. FILED ON BEHALF OF: Orrstown Bank, Plaintiff TO: DEFENDANT(s) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICI HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire MAY BE ENT D A INST OU. Pa. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 ATTO Y R PLAINTIFF nj t7J - rt I HEREBY CERTIFY THAT THE ADDRESS °" " f OF THE PLAINTIFF IS: C/)' W --,o 'J y 2695 Philadelphia Avenue JSDC LAW OFFICES Chambersburg, PA 17201 -< CD — 7j AND THE DEFENDANT(S): P.O. BOX 650 :Z cz) ;3 650 Walnu ottom Road Hershey, PA 17033 —1 r� Shippens r , PA 257 7 ATTORN R PLA F (717) 533 -3280 CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ES ATE AFFECTED BY THIS LIEN IS 650 Walnut ottom Ro Shippensb 72 ATTORN F LAINTIFF �f X00 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. CHARLES R. ALIMENT, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. CHARLES R. ALIMENT, : Defendant. AVISO USTED HA SIDO DEMONDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tornar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded a otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: VS. CHARLES R. AUMENT, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Orrstown Bank, by its attorneys, JSDC Law Offices, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Orrstown Bank, which has its principal place of business at 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendant, Charles R. Aument, is an adult individual with an address of 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. 3. On or about February 5, 2007, Defendant executed a Promissory Note ( "Note ") in favor of Plaintiff in the original principal amount of $89,200.00. A true and correct copy of said Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about February 5, 2007, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $89,200.00 on the premises therein described, with said Mortgage being recorded in the Office of the Recorder of Deeds for Cumberland County on February 7, 2007, in Mortgage Book Volume 1981, Page 3745. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B ", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about August 7, 2013, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. A true and correct copy of said Notice is marked Exhibit "C ", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 84,004.20 Interest through 10/10/2013 $ 2,614.76 Late Charges $ 213.08 Other Charges /Fees $ 57.25 Attorney's Fees $ 1,650.00 Title Costs $ 410.00 TOTAL $ 88,949.29 plus interest on the principal sum ($84,004.20) from October 11, 2013, at the rate of $16.27 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $88,949.29, with interest thereon at the rate of $16.27 per diem from October 11, 2013 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mo aged premises JSDC LAW I Dated: I Z A BY: Lr Scott Di ck, E ire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" t ° PROMISSORY NOTE Etiaiii$>` Nif °>Efro>� _00 415 _•.. 7 x Ali 3. -lJ8 References In the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above eontai ring •' •' has been omitted due to text length limitations. Borrower Charles R Aument (SSN: 17646 - 7053) Lender ORRSTOWN BANK 640 Walnut Bottom Road KING STREET OFFICE Shippereburg, PA 17257 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $89.200.00 Date of Note: February 5, 2007 Maturity Date: February 7, 2037 PROMISE TO PAY. 1 ( "Borrower ") promise to pay to ORRSTOWN BANK ("Lander'), or order, in lawful money of the United Stelae of America. the principal amount of Eighty -nine Thousand Two Hundred & 001100 Dollars ($89,200.001, together with Interest on The unpaid principal balance from February 5, 2007, until paid In fug. PAYMENT. "act to any payment changes resulting from changes in the Index, I will pay this loan in accordance with the following payment schedule: 84 monthly consecutive principal and interest payments in the initial amount of $608.74 each, beginning March 7. 2007. with Interest calculated on the unpaid principal balances at on initial dlecounted interest me of 7.250% par annum; and 276 monthly consecutive principal and interest payments in the initial emounnt of $64125 each, beginning March 7, 2014, with interest calculated on the unpaid pitneipeil balances at an interest rata based on the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year (currently 5.100 %), plus a margin of 2.750 percentage points, the sum rounded to the nearest 0.125, resulting in an initial interest rate of 7.87596. MY final payment will be due on February 7, 2037 and will be for oil principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest: than to principal; than to any late charges; and then to any unpaid colbc8on costa. interest on this Note is computed on a 301360 simple Interest basis; that is, with tin exception of odd days In the first payment period, monthly interest Is calculated by applying the redo of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360 -day year. 1 will pay Lander at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 84 payments, the Interest rata on this loan will be 7.250 %. Thereafter, the Interest rate on this Note is subject to change from time to time based on changes in an Independent Index which is the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year ithe "Index'). The Index is not necessarily the lowest rate charged by Lender on its bans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notifying me. Lender will tell me the current Index rate upon my request. The interest rata change will not occur more often then each year. I understand that Lender may make loans based on other rates as wall. The Index currently is 5.100% per annum. The interest rate or rates to be applied to the unpoid principal balance during this Note will be the rate or rates net forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just- ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more then the lesser of 13.750% per annum or the maximum rate allowed by applicable low. Notwithstanding the above provisions, the maximum Increase or decrease In the Interest rate at any one time on this loan will not exceed 2.000 percentage points. Unless waived by Lander, any increase in the iMereat rate will Increase the amounts of my payments. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by low. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier then it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full ", "without recourse', or similar language. If I send such a payment. Lender may accept It without losing any of Lenders rights under this Note, and i will remain obligated to pay any further amount owed to Lender. Ali written communications conceming disputed amounts, including any check or other payment instrument that indicates that the payment conetwas "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSSURG, PA 17257. LATE CHARGE. It a payment is 18 days or more late, I will be charged 5.000% of the regularly scheduled payment or $2.50, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue Interest at the Interest rate under this Note, with the final Interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If Judgment Is entered to connection with this Note, Interest will continue to accrue after the date of judgment at the rate In effect at the time judgment Is entered. However. In no event will the Interest rate exceed the maximum Interest rate limitations under applicable haw. DEFAULT. I will be in default under this Note if env of the following happen: Payment Default. I fail to make any payment when due under this Nuts. Break Other Promises. 1 break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or In any agreement related to this Note, or in any other agreement or loan 1 have with Lender. False Statements. Any representation or statement made or furnished to Lander by me or on my behalf under this Note or the related documents is false or misleading in arty material respect. either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver Is appointed for any pert of my property: I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or Insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This Includes taking of, Burnishing of or levying on my accounts with Lender. However, If 1 dispute In good faith whether the claim on which the taking of the property is based Is valid or reasonable, and if I give Lander written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Coilatershution. This Note or any of the related documents ceases to be in full force and effect (Including failure of any collateral PROMISSORY NOTE Loan No: 1520005865 (Continued) Page 2 document to create a valid and perfected security Interest or Dan) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by Insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may; but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lander, and, in doing so; cure any Event of Default. Insecurity. Lender In good faith believes itself insecure. Cum Provisions. If any default, other than a default in payment is curable and if 1 have not been given a notice of a breach of the some provision of this Note within the preceding twelve (12) months, It may be cured If 1, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete as reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest Immediately due, and then I will pay that amount. ATTORNEYS' FEES: EXPENSES. Lander may hire or pay someone also to help collect this Note if l do not pay, 1 will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, Including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, In addition to all other sums provided by law. JURY WAIVER. Lender and 1 hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by federal low applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its contacts of low provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. DISHONORED REM FEE. I will pay a fee to Lender of $26.00 if I make a payment on my loan and the check or preauthorized charge with which I pay Is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone also and all accounts I may open M the future. However, this does not Include any IRA or Keogh Accounts, or any trust accounts for which setoff would be prohibited by law. 1 authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL. 1 acknowledge this Note is secured by the following collateral described in the security Instrument listed herein: a Mortgage dated February 5, 2007, to Lender on reel property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that 1 am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth In the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender end Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us If we report any inaccurate Information about your account(s) to a consumer reporting agency. Your written notice describing the specific Inaccuracy(les) should be sent to us at the following address: ORRSTOWN BANK, KING STREET OFFICE, 77 EAST KING STREET, P.O. BOX 250, SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by low, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwiae expressly stated In writing, no parry who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability, All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fell to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other then the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I ", "me ", and "my" mean each and ell of the persons signing below. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: (Seel) Charles R Aumem IAS[" AO INwp. V". 6.H.00A01 C,P Mnbtl r..w.i rw...,., fa). i�p) Y Iyn 11,�wJ. . M a;,Ca"Il1eEI R TI1.)nit m.)e 1 EXHIBIT "B" Parc Numbetification P ZiEGLE RECORDATION Eij ifF g `� pF ��� REQUESTED BY: LAND KING STREET BANK gq FEB �� �� KING STREET OFFICE jW1 1" 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHiPPENSBURG, PA 17257 FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: $89,200.00 THIS MORTGAGE dated February 5, 2007, is made and executed between Charles R Aument, whose address is 650 Walnut Bottom Road, Shippensburg, PA 17257 (referred to below as "Grantor ") and ORRSTOWN BANK, whose address Is 77 EAST KING STREET, P.O. BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender "). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transient, releases, confirms and mortgages to Lender ail of Grantor's tight, title, end interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all Mierties, privileges, tenements, hereditaments, and appurtenances theraunto belonging or anywlae made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating o the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Cumberland County, Commonwealth of Pennsylvania: SEE ATTACHED The Real Property or Its address is commonly known as 650 Walnut Bottom Road, Shippensburg, PA 17257. Grantor presently assigns to Lender all of Grantor's right, title, and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $89,200.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage Is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shag pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shag be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shell maintain the Property in good condition and promptly perform all repairs, replacements, end maintenance necessary to preserve Its value. Compliance with Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has boon, except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Preperry by any prior owners or occupama of the Prcperty, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shell be conducted in compliance with all applicable federal, state, end local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and testa, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or testa made by Lender shell be for Lender's purposes only and shell not be construed to create any responsibility or liability on the pert of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due dnigence In O 1981 PG37 45 r U 0 , ; �, MORTGAGE (Continued) Page 2 Investigating the Property for Hazardous Substances. Grantor hereby (1) releases end waives any future claims against Lender for indemnity or contribution fn�j�t,�,i�m event Grantor becomes gable for cleanup or other costs under any such laws; and (2); agrees to and hob harmless Lender against any and all claims, bases, liabilities, damegnes. penalties, end expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest In the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to hdemnily and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance. Waste. Grantor shall not cause, conduct or permit arty nuisance not commit, permit, or suffer any stripping of or waste on of to the Property or any portion of the Property. Without Dmiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scorls, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Fleet Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with owemmentd ReWhamsrite. Grantor shag promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all gmrammental authorities applicable to the use of occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding. Including appropriate appeals, so long as Grantor has notified Lender In writing prior to doing so and so long as, in Lender's sole opinion, Landoes Interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shell do all other acts, In addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest In the Real Property. A "sale or uansfee means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable, whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest In or to any lend trust holding tide to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shell not be exercised by Lender if such exercise Is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shag pay when due (and in all events prior to dolinquaney) all taxes, payroll taxes, special taxes, essesemente, water charges and sewer service charges levied against or on account of the Property, and shall pay when due oil claims for work done on or tar services rendered or material furnished to the Property. Grantor shell maintain the Property free of any liens having priority over or equal to the Interest of Lender under this Mortgage, except for those Dons specifically agreed to in writing by Lender, and except for the Den of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Content. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long as Lender's Interest In the Property Is not jeopardized. If a Den arises or Is filed as a result of nonpayment, Grantor shall within fifteen 051 days after the lien arises or, It a lien is filed, within fifteen 116) days after Grantor has notice of the filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the Den plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the Ilan. In any contest, Grantor shell defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shag name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shell upon demand furnish to Lender satisfactory evidence of payment of the texas or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (151 days before any work is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's lien, matedelmen'a Den. or other lien could be asserted on account of the work, services, or materiels. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE, The following provisions refining to insuring the Property are a pert of this Mortgage: Maintenance of insurance. Grantor shag procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such Insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in env way by any act, omission or default of Grantor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, within 46 days after notice Is given by Lender that the Property Is located In a special food hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the ben, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term BK198tKUM MORTGAGE (Continued) Page 3 of the ben. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor falls to do so within fifteen (16) days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ilan effecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair. Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expendiwre, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within ISO days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued Interest, and the remainder, If any, shell be applied to the principal balance of the Indebtedness. It Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. LENDER'S EXPENDITURES. if Grantor falls iAl to keep the Property free of all taxes, Dens, security Interests, encumbrances, and other claims, (e) to provide any required Insurance on the Property. or (C) to make repairs to the Property than Lender may do so. If any action or proceeding is commenced that would materially effect Lender's Interests in the Property, than Lender an Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lenders interests. All expenses incurred or paid by Lender for such purposes will then beer interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a pert of the Indebtedness and, at Lender's option, wig (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become duo during either (1) the term of any applicable Insurance policy; or 12) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shell be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shell survive the entry of any mortgage foreclosure judgment. WARRANTY: DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that (a) Grantor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other then those set forth in the Reel Property description or in any title Insurance policy, tide report, or final We opinion issued in favor of, and accepted by, Lender In connection with thts Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the this to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shell defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shag be entitled to participate In the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shell be continuing In nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a pert of this Mortgage: Proceedings. If any proceeding in condemnation is filed. Grantor shell promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments end documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may at Ira election require that all or any portion of the not proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shell mean the award after payment of all actual costs, expenses, and attorneys' fees Incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to government&] taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees end Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Reel Property. Grantor shall reimburse Lender for all taxes, as described below, together with ell expenses Incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which thla section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax an all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shag have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either It) pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Liens section end deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shag have all of the rights of a secured party under the Uniform Commercial Code x(1981 FG3741 r; MORTGAGE (Continued) Page 4 as emended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lander to perfect and continue Lender's security Interest in the Personal Property. In addition to recording this Mortgage In the real property records, Lender may, et any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shell reimburse Lender for all expenses Incurred in perfecting or continuing this security interest. Upon default, Grantor shell not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addressee. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security Interest granted by this Mortgage may be obtained leach as required by the Uniform Commercial Code) we as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor wig make, execute end deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, end the Related Documents, and 121 the (lens and security interests created by this Mortgage as first and prior gone on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lander agrees to the contrary in writing, Grantor shell reimburse Lender for all costa and expenses Incurred In connection with the matters referred to In this paragraph. Additional Authorizetlone. If Grantor fella to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably authorizes Lender to make, execute, deliver, fib, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shell require Lender to take any such actions, FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performa all the obligations Imposed upon Grantor under this Mortgage, Lander shall execute and deliver to Grantor a atdtable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be In default under this Mortgage if arty of the following happen: Payment Default. Grantor falls to make any payment when due under the indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of env lien. Greek Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided In this Mortgage or in any agreement related to this Mortgage. False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Refined Documents is false or misleading In any materiel respect, either now or at the time made or furnished. Defective Cogaterelaetion. This Mortgage or any of the Related Documents ceases to be In full force and effect (Including failure of any collateral document to create a valid and perfected security interest or Pion) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, arty type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property In which Lender has a lien. This Includes taking o1, garnishing of or levying on Grantor's accounts with Lender. However, If Grantor disputes In good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Other Agraoment• Any breech by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace parlod provided therein, including without limitation any agreement concembg any Indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, env Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations wising under the guaranty In a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender In good faith believes itself Insecure. Right to Cure. If any default, other then a default in payment is curable and if Grantor has not been given a notice of a breach of the some provision of this Mortgage within the preceding twelve (12) months, it may be cured If Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (tb) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: BK 198 1 F.G3748 MORTGAGE (Continued) Page 5 Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness Immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, Including amounts pest due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably authorizes Lender to endorse instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lander in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shag not disqualify a person from serving as e receiver. Judicial Foreclosure. Lender may obtain a jirdlclel decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicisl Sole. If permitted by applicable law, Lender may forceless Grannies interest in all or in any part of the Personal Property or the Real Property by non - judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided In this section. Tenancy it Sufferance. If Grantor remains in possession of the Property after the Property Is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shell become a tenant at sufferance of Lender or the purchaser of the Property and shell, at Lender's option, either 11) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shell have oil other fights end remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its fights and remedies, Lender shall be free to sell all or any pert of the Property together or separately,, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notke of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 110) days before the time of the sale or disposition. Any sale of the Personal Property may be made M conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exerdsed alone or together. An election by Lanier to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect lender's right to declare Grantor In default end to exercise Lender's remedies. Attorneys' Fees: Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage. Lender shell be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial end upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by low, ell reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of Its rights shell become a pert of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without imitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including ettomsys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated postqudgment collection services, the cost of searching records, obtaining tide reports rincluding foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also wig pay any court costs, in addition to ell other sums provided by law. NOTICES. Urdess otherwise provided by applicable law, wry notice required to he given under this Mortgage shall be given In writing, and shall be effective when actually delivered, when actually received by telefaccimile (unless otherwise required by few), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any Ilan which has priority over this Mortgage shall be sent to Lender's address. as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice Is to change the person's address. For notice purposes, Grantor agrees to keep Lander Informed at all times of Grantor's current address. Unless otherwise provided by applicable low, It there Is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. ADJUSTABLE RATE RiDER. An exhibit, titled "ADJUSTABLE RATE RIDER," is attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. 8K 1981 PG3749 ?Ij MORTGAGE ; (Continued) Page 6 Caption Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage wig be governed by World taw -appli"* to Lander and. to the extent not preempted by federal low, the laws of the Commonwealth of Pihnitil var" without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender In the Corninonweahh of Pennsylvania. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lander does so In writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree In writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that N Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again If the situation happens again. Grantor further understands that Just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Somrebilhy, If a court finds that any p:ovisian of this Mortgage is not valid or should riot be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be Invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender In any capacity. without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and Its successors and assigns. Time is of the Essence. Time Is of the essence in the performance of this Mortgage. DERNITIONS. The following words shall have the following meanings when used In this Mortgage: Borrower. The word "Borrower" means Charles R Aument and Includes all eo- signers and co- makers signing the Note and all their successors and assigns. Emiironmental Laws. The words 'Environmental Laws' mean any and an state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended, 42 U.S.C. Section 8601, at seq. ('CEACLA'I, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99499 ('SARA'), the Hazardous Materials Transportation Act 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal taws, rules, or regulations adopted pursuant thereto. Event of Default. The words 'Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word *Grantor* means Charles R Aument. Guarantv. The word 'Guaranty means the guaranty from guarantor, endorser. surety, or accommodation party to Lander, including without limitation a guaranty of all or pert of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances' are used In their very broadest sense and Include without limitation any and all hazardous or toxic substances, materiels or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances' also Includes, without [imitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word •Improvements' means all existing end future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness' means an principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with ell renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lander to discharge Grantor's obligations or expenses incurred by Lander to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided In this Mortgage. Lander. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words 'successors or assigns' mean any person or company that acquires any Interest in the Note. Mortgage. The word 'Mortgage" means this Mortgage between Grantor and Lender. Note. The word 'Note' means the promissory note dated February 5, 2007, In the original principal amount of $89.200.00 from Grantor to Lander, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is February 7, 2037, NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean -all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Reel Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, env of such property; and together with all proceeds (Including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property' means collectively the Reel Property and the Personal Property. Red Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgagee, and all other instruments, agreements and documents, whether now or hereafter existing, executed M connection with the Indebtedness. Rohs. The word "Rents' means all present and future rents, revenues, income, Issues, royalties, profits, and other benefits derived from the Property. 8K1981PG3750 MORTGAGE (Continued) Page 7 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE Is AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X 1f )seal) Charles R Aument Signed, acknowledged and delivered in the presence of: X Witness X Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein Is as follows: KING STREET OFFICE, 77 EAST KING STREET, P.O. BOX 260, SHIPPENSBURG, PA 17257 Attorney of-Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ! ISS COUNTY OF �eML�ssa i On this, the r J day of '`f , 20 0l , before me 69ta.T N . r+vOa the undersigned Notary Public, personally appeared Charles R Aument, known to me for satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the some for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. O ONIIVPALTH OF P SYLV sty Public in and for the State of -PENtsSYLy- --4— NotarielSeal s „ Forest N. Myyers, Notary Public oensburg Co, Frankl'm County emission Expires Dec. 19, 2009 uW nOfYp. W.0 M.00 m1 pA.lYre mm. Nx"M ..M S:.2NVl=i. Man COMMONWEALTH OF PENNS YLVANIA Notatiel Seal Forest N. Myers, Notary Pubik: Shl ensburg Boro, Franklin Courdy My L Expires Dec. 19, 2009 BItf9�1'r'b” 3751 _ ► ir. ADJUSTABLE RATE RIDER This ADJUSTABLE RATE RIDER is attached to and by this reference Is made a part of the Mortgage, dated February 5, 2007, and executed in connection with a loan or other financial accommodations between ORRSTOWN BANK and Charles R Aument. This adjustable rate rider will secure Borrower's Adjustable Rate Note (the "Note ") to ORRSTOWN BANK (the "Lander ") of the same date and covering the property described in this Security Instrument and located at: THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES M THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial Fete of 7.25 %. The Note provides for changes in the interest rate and the monthly payments, as follows: (A) Change Dates _ The interest rate 1 will pay may change on the 5th day of February 2014, and on that day every twelve monthly) thereafter. Each data on which my interest rate could change is celled a "Change Date." (B) The Index Beginning with the fast Change Date, my interest rate will be based on an Index. The "index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year(e), an made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Data Is called the 'Current Index." If the index to no longer available, the Lender will choose a new index which is based upon comparable Information. The Lander will give me notice of this choke. (C) Calculation of Changes Before each Change Date, the Lander will calculate my now interest rate by adding 2.75 percentage points to the Currant Index. The Lender will then round the result of this calculation to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits started In Section (D) below, this rounded amount of the monthly payment that would be sufficient to repay the unpaid principal that I em expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate that I am required to pay at the Brat Change Date will not be greater than two percentage points (2.000 %) over the original interest rata. Thereafter, my interest rata wig never be increased or decreased an any single Change Onto by more than two percentage points (2.000 %) from dm rate of interest 1 have been paying the preceding twelve month(a)• My interest rate will never be greater than six percentage points (6.000 %) over the original interest rate. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning an the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Lender will deliver or mall me a Fades of any changes in my hrterest rate and the amount of my monthly payment before the affective data of any change. The notice wig include information required by law to be given to me and also the title and telephone wrnber of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument Is amended to read are follows: Transfer of the property or a Beneficial Interest in Borrower. 11 all or any part of the Property or any Interest in it Is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a netwal person) without Lender's prior written consent, Lender may, at its option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall net be exercised by Lender if exercise is prohibited by federal law as of the data of this Security Instrument. Lender also shag not exercise two option )f: (a) Borrower causes to be submitted to Lander Information required by Lander to evaluate the Intended transferee to N a new loan were being made to the transferee; and (b) Lander resonsbly determines that Londoes security will not be impalred by the loan assumption and that the risk of a breach of an covenant or agreement in this Security Instrument is acceptable to Lander. To the extent permitted by applicable law, Lender may charge a reaonable fee as a condition to Lender's Consent of the loan assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep an the promises and agreements made in the Note and In this Security Instrument. Bannower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. N Lender exercises the option to require Immediate payment in full, Leerier shell give Borrower notice of acceleration. The notice shell provide a period of not lase than 30 drys tram the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. N Borrower fail* to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. INDIVIDUAL ACKNOWLEDGMENT Commonwealth of Pennsylvania } SS County of . L ye 4�• — On this, the SO- day of '�+A& -*t 200, before me V6Q.C%T r%. Mr[Is" the undersigned Notary Public, personally appeared L►u+a -•+" s 2 known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand end official seal. COMMONWEALTH OF PE NSYLVANIA Notarial seal m p { r +} Forest N. Myers, Notary Put ilk; Olt 8 ( PG J 7 5 2 Shipper i ftio Expl pi De Franklin County . „ My omm($slo(t Expires De . Ai ".. I ADJUSTABLE RATE RIDER (Continued) Page 2 THIS ADJUSTABLE RATE RIDER IS EXECUTED ON FEBRUARY 6, 2007. GRANTOR: X .!'.�/� —.� "` • {Seal) Charles R AUmenrt WA MMD y Owq. V.r 6.3400=3 MMMM J 1. A. AO-Aerlrna. •M c 01MI.W W K lA 15102 m.20 BK 1981 PG 3 7 53 ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania. Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by.Pennsylvania Route - 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on. the south by an alley and on the west by land now or, formerly of Elton Somerville:. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more mor less. Being the same premises which John W Hall individually and as executor of the Estate of.J Robert Hall deceased, et al by their deed dated April 4, 2002. and recorded April 5, 2002 in the office of recorder of deeds of Cumberland. County, Pennsylvania in Deed Book 251, page 669 granted and conveyed to John W Hall. Address: 650 Walnut Bottom Road Shippemburg PA 17257 Tax ID NO: 39- 33- 1883 -034 i y this to be recorded u 11berland County PA Recorder of Deeds Exhibit "A" 8K °1481 PG3754 EXHIBIT "C" ORRSTOWNBANK A Tradition of Excellence August 7, 2013 9171 9690 0935 0090 2131 83 Charles R. Aument 650 Walnut Bottom Road Shippensburg, PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached panes. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Charles R. Aument PROPERTY ADDRESS: 650 Walnut Bottom Road, Shippensburg, PA LOAN ACCT. NO.: 1520005865 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER: BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face -to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 650 Walnut Bottom Road, Shippensburg, PA IS IN SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: June 7 th payment of $608.74, July 7 th payment of $608.74 and August 7, 2013 payment of $608.74 totalina $1826.22 Other charges (explain /itemize): LATE CHARGES—$1152.20 TOTAL AMOUNT PAST DUE: $1,978.42 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,978.42 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or monev order made Payable and sent to: ORRSTOWN BANK ATTN: LINDA MOWEN 2695 Philadelphia Avenue Chambersburg, PA 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Prevent the sale at any time up to one hour before the Sheriffs Sale. You ma do so by Paving the total amount then past due plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by erformin any other re uirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: 2695 Philadelphia Avenue Chambersbura, PA 17201 Phone Number: 717 709 -3033 Fax Number: 717 264.3154 Contact Person: Linda Mowen E -Mail Address: Imowen orrstown.com. EFFECT OF SHERIFF'S SALE — You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty -day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Sincerely, ORRSTOWN BANK Linda K. Mowen Assistant Vice President Sr. Consumer Collector SENT VIA REGULAR AND CERTIFIED MAIL Cc: PHFA 211 N Front St Harrisburg PA 17101 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. PHFA 2000 Linglestown Road 211 North Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17101 (888) 511 -2227 (717) 780 -3940 or 800- 342 -2397 Community Action Comm. of Capital Region PA Interfaith Community Programs, Inc. 1514 Derry Street 40 E. High Street Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232 -9757 (717) 334 -1518 Marantha PathStone Corporation 43 Philadelphia Ave. 1250 Carlisle Road Waynesboro, PA 17268 Aspers, PA 17304 (717) 762 -2285 (717) 677 -6150 Base, Inc. Housing Alliance of York/Y 447 South Prince Street Housing Community Lancaster, PA 17603 290 West Market Street (717) 392 -5467 York, Pa. 17401 (717) -855 -2752 PathStone Corporation PathStone Corporation 1625 North Front Street 450 Cleveland Ave. Harrisburg, PA 17102 Chambersburg, PA 17201 (717) 234 -6616 (717) 264 -5913 Advantage Credit Counseling Service CCC of Western PA 55 Clover Hill Road Dallastown, PA 17313 (888) 511 -2227 UNITED S POSTAL SERVICE Date: August 21, 2013 chas aument: The following is in response to your August 21, 2013 request for delivery information on your Certified MailTm item number 9171969009350010213183. The delivery record shows that this item was delivered on August 15, 2013 at 4:28 pm in SHIPPENSBURG, PA 17257. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service C) Certificate of Mail ow to.n ml-wj Ic rSpsD;�, m, Ji.mr Uc From 0 UWN L a p a 0 to 1 0 To I lk .43 PS Form 3817, Aprd 2007 PSN 7530.02-000,WSS s P S Kom* MC5 IV LRAL Certificate Of Maill 0 6 L 0 269 ow -a 5 r 13A Nr N:� 0 N to AZ C> to C) Pj' (0 : � w '-" TO GU I 41f7, Ok 1 02 1 u 72013 �l s p s PS Form 381 T. APrd 2007 PSN 7530-02000-9065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: V5. CHARLES R. AUMENT, Defendant. VERIFICATION I, A 03�,.on , behalf of Orrstown Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4404 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true 1' 111 to the f my information, knowledge and belief. Dated: m N;�AA (k Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Charles R. Aument, Defendants 3 ��jl (� ivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request an appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal 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 the conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days 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' , 3 cz forward. _ Fri F) `-v "- C:a x s :c C 3 C7> � ra IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACVRUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS R R.es� et 1 o Date Scott A. Dietterick, Esquire PA W. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 Attorneys for Plaintiff r Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : Charles R. Aument, Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the property which is the subject of the mortgage foreclosure action; 2. Defendant lives in the subject real property, which is the 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 the 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 false statements are made subject to 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 Orrstown Bank, Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Charles R. Aument, Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 2012, the defendant/borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for scheduling a Conciliation Conference, it is hereby ORDERED and DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised Conciliation Conference on at _ _ _.M. in at the Cumberland County Court House, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which the service of the completed Form 2 is to be made may be expected. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date as agreed upon by parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceeding shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty moths; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. BY THE COURT. J. 5 FORM 2. Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRUNIARN'APPLICANT 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: Horne: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INI t 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 & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ . t If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed. Value: Other transportation (automobiles, boats, motorcycles ): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of 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 (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson + -C3r � . Sheriff i - F'I,C3NC�1$ntr' t Jody S Smith Chief Deputy �.�,-�>..w� �,���NOV "� �� Richard W Stewart RL � Solicitor ;; s , ,F M� ;=r I ►YLVANI Orrstown Bank Case Number vs. Charles R Aument 2013-6244 SHERIFF'S RETURN OF SERVICE 10/25/2013 07:52 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Occupant at 650 Walnut Bottom Road, Southampton Township, Shippensburg, PA 17257. JASO KIN i ', I PUTY 10/25/2013 07:52 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Charles R Aument at 650 Walnut Bottom Road, Southampton Township, Shippensburg, PA 17257. p �--Q--- 1 JASON KINeER;DEPUTY SHERIFF COST: $66.60 SO ANSWERS, October 28, 2013 RONR ANDERSON, SHERIFF e one. ."0 v;left ... IN THE COURT OF COMMON PLEAS OF ' ' st: '�;0 T11,0N,'07'Ai CUMBERLAND COUNTY, PENNSYLVANIA 16 P!1 3: ORRSTOWN BANK, CIVIL DIVISION CU48ERLAND COUNTY � 'ENNsYLVANIA No.: 13-6244 Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: VS. PRAECIPE FOR DEFAULT JUDGMENT CHARLES R. ALIMENT, (Mortgage Foreclosure) Defendant. FILED ON BEHALF OF: Orrstown Bank, Plaintiff I Hereby c fy that the last known address COUNSEL OF RECORD FOR THIS of Defend t s)is/are- PARTY: 550 Wain B tto oad Shippens ur P Scott A. Dietterick,Esquire Pa. I.D. #55650 S A. Brick, ire Attorney for Plaintiff JSDC LAW OFFICES P.O. Box 650 Hershey,PA 17033 (717) 533-3280 Cllr 1���7� a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 13-6244 VS. CHARLES R. AUMENT, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Charles R. Aument, in the amount of$90,6.18.77 which is itemized as follows: Principal $ 84,004.20 Interest through 1/15/2014 $ 4,192.95 Late Charges $ 304.37 Other Charges/Fees $ 57.25 Attorney's Fees $ 1,650.00 Title Costs $ 410.00 TOTAL $ 90,618.77 plus interest on the principal sum ($84,004.20) from January 16, 20 at the rate of$16.27 per diem,plus additional late charges, and costs (including addit' n escr advances), additional attorneys' fees and costs and for foreclosure and sale of the gag bemises. JSDC LA IC By: Scott A''Die4krick, Esqui PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plaintiff n >' AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth,personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who,being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evide ced by e attached copies. ScotCK'16-tterick squire Sworn to and subscribed before me this 15'h day of January, 2014. rv- 1 Notary Public My Commission Expires: NQfiARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO,DAUPHIN COUNTY My Commission Expires Feb 2,2017 : r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 13-6244 VS. CHARLES R. AUMENT, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Charles R. Aument ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $90,618.77 plus interest on the principal sum ($84,004.20) from January 16, 2014, at the rate of$16.27 per diem,plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 13-6244 vs. CHARLES R. AUMENT, Defendant. IMPORTANT:NOTICE TO: Charles R. Aument 650 Walnut Bottom Road Shippensburg, PA 17257 DATE OF NOTICE: November 20,2.013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING,AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND&LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 Phone(717)249-3166 (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORRSTOWN BANK, CIVIL,DIVISION Plaintiff, NO.: 13-6244 VS. CHARLES R. AUIVIENT, Defendant. AVISO IMPORTANTE A. Charles R. Aument FECHA DEL AVISO: November 20,2013 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ(10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS R%4PORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO,VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND &LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 Phone(717)249-3166 (800) jLAICE JS DATE: I (D -�13 BY ck,4EsqWr—e PA I.D. #55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey,PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith p: Chief Deputy 1A Richard W Stewart Solicitor OFFICE OF THE SHERIFF Orrstown Bank vs. Case Number Charles R Aument 2013-6244 SHERIFF'S RETURN OF SERVICE 10/25/2013 07:52 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Occupant at 650 Walnut Bottom Road, Southampton Township, Shippensburg, PA 17257. JASON KINSEF-K 15EPUTY 10/25/2013 07:52 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Charles R Aument at 650 Walnut Bottom Road, Southampton Township, Shippensburg, PA 17257. JASON KINDEPUTY SHERIFF COST: $66.60 SO ANSWERS, October 28, 2013 RbNW R ANDERSON, SHERIFF {c}countysuite Sheriff,Teleosoft.Inc. IN THE COURT OF aNMON PLEAS OF C[k MAND CaRM, PMMnVANIA Orrstown Bank CIVIL DIVISION File No. 13-6244 (Plaintiff) Amount Due 90,618.77 V Interest from 1/16/2014 to $ 2,277.80 date of gale Charles R. Aument : Atty's Comm (Defendant(s) Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it- is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland , County, for debt, interest and costs upon the following described property of�her defendant(s) See Exhibit "A" attached. tr... PRAFCIPE FOR ATTAQ-MENr FXkX,'tt CN Issue writ of attachment to the Sheriff of Cumberland County;:�fog--deii interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) a 's pendens against real estate of the defendant(s) described in the attached ,--DATE: January 15, 2014 Signature: Print Name: Scot A—. Diettericki Esguire Address: dames Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Plaintiff 1 Telephone: (717) 533-3280 Sp LL Supreme Court ID No.: 55650 C)r< r� LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road(referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County,Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet,more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person,by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit"A" Y, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION c Plaintiff, NO.: 13-6244 `7. {� i VS. CHARLES R. AUMENT, -� Defendant. =C-D 7 AFFIDAVIT PURSUANT TO RULE 3129.1 `:) Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257: 1. Name and Address of Owner(s) or Reputed Owner(s): CHARLES R. AUMENT 650 Walnut Bottom Road Shippensburg, PA 17257 2. Name and Address of Defendant(s) in the Judgment: CHARLES R. AUMENT 650 Walnut Bottom Road Shippensburg, PA 17257 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ORRSTOWN BANK Plaintiff 4. Name and Address of the last record holder of every mortgage of record: ORRSTOWN BANK Plaintiff CITIFINANCIAL, INC. 208 S. Conestoga Drive Shippensburg, PA 17257 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX Cumberland Co Courthouse CLAIM BUREAU One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN SPOUSE OF 650 Walnut Bottom Road CHARLES R. AUMENT Shippensburg,PA 17257 DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA Department of Welfare P.O. Box 2675 Harrisburg,PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland Co Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JSDC W F ES DATED: — 1� 1`l BY: colt eri k squire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION t C) Plaintiff, NO.: 13-6244 MW tTi ' C!� ) CHARLES R. AUMENT, ac Defendant. � =. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Charles R. Aument 650 Walnut Bottom Road Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property(Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 4,2014, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 13-6244 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Charles R. Aument A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it, within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held,to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 k} THE LEGAL RIGHTS YOU MAY HAVE ARE: 1: You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale,you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013,before presentation of the petition to the Court. JSDC FICE I DATED: BY: tt k Dietterick, Esquire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plaintiff VIA CERTFIED MAIL,RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom.Road(referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania,more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet,more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg,Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person,by his deed dated February 5,2007 and recorded on February 7,2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit"A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-6244 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 CHARLES R.AUMENT (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: $90,618.77 L.L.: $.50 Interest FROM 1/16/2014 TO DATE OF SALE-$2,277.80 Atty's Comm: Due Prothy: $2.25 Atty Paid: $215.35 Other Costs: Plaintiff Paid: Date.: 1116114 David D.Buell,Prothonotary yy� (Sea]) v2 Deputy REQUESTING PARTY: Name: SCOTT A.DIETTERICK, ESQUIRE Address:JAMES SMITH DIETTERICK&CONNELLY LLP P.O.BOX 650 HERSHEY,PA 17033 Attorney for:PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION "0 Tu;) Plaintiff, NO.: 13-6244 u-) CD ' 1 vs. ISSUE NO.: c") `"' a ' CHARLES R. AUMENT, TYPE OF PLEADING: 'J r Defendant. Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JSDC LAW OFFICES P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Orrstown Bank, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Charles R. Aument, is the record owner of the real property. 2. On or about February 28, 2014, Defendant, Charles R. Aument, was served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa.R.C.P. 3129, via certified mail, return receipt requested at the address of 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. True and correct copies of said Notice and the mailing receipts are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about February 14, 2014, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre -Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. Dated: May 7, 2014 BY: Sworn to and subscribed before me this 7th day of May, 2014 Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Feb 2, 2017 oc- JSDC L S • tt erick, Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff squire EXHIBIT "A" U.S. Postai Service,. CERTIFIED 110.11...w RECEIPT a Provided) Po Mail Only, No insurance Coverag (Domliver information y visit our website at w-usPs comm r deliver Receipt Cenlned Fee � (EndorsementRegUIred 1� Restricted °every Fee e0.vl 1 © (Endorse ment1.13 Total Postage & Fees rn 1p 1 1 YE THIS SECTION complete �pER: COMpL g, Also SE s 1, 2, and desired. Complete item Delivery is the reverse 1 .� tem 4 if r nameea d addressro to you. iece, ! • sot at we can return a back of the made • Attach he f on f Space Pees. or on the 1 Article Addressed to: OMPLETE THIS SECTION ON DELIVERY C A Signature ved by ( Printed, Name) B. Rece %m item �� No iv $ d erent D 0 'les D. is delivery addressaddress below: if YES, enter delivery Q Agent CI Addressee pate of Delivery r t � Lt,t�'t'LeT (1 1 Service Express Mall tforMemhandise 2 K- (J`r 3 Sery © Return Receipt - ��i 5 1' &O.t-f►^ Cer•�fied Mail ,nwQ Registered Q o-O.D. 5(7 WA [) A 02'51 Q insured Mail Fee) �ri D�ns�`'r9 � a. Restrict' Dative55 ?bD5 A7 ?Dy3 ©bDD DDD Q Yes KOK, f0.10.i Kbn 2. Article Numbe service lapel (Transfer frorn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Charles R. Aument 650 Walnut Bottom Road Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 4, 2014, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 13-6244 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Charles R. Aument A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: -" S '� BY: JSDC etterick, Esquire Pa. I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plaintiff VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit "A" EXHIBIT "B" aUNITEDSTATES POSTAL BERM' F_ 1 JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 -- Mail for mi 4 2014 ' �. PS Form.3817, April 2007 PSN 7530-02-000-9065 Th Th Fr UNITEDSTA ES JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 • s `1 Ian! mi rma n04- - PS Form 38 , April 2007 PSN 753 000=9065 UNITEDSTATES MEI POSTAI CM:Mfr. JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 - To: -1I IEM; 115/1171 SP,. AMERCE cuo PS Form 3817, April 200 W - N 7530-02-000-9065 -Mail. 'for mi 0 BO 0 vi. OE 0D C) m N X tiTN 0' 10 N eT K3 9 0 UN/TEDSTATES JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 Mai NI for ma q 0 -60 CD PS Form 3817, April 2007 P a0Pildej* UNITED STATES 30-02-000-9065 JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 co -a t0I) o X 411 eiTo i 42. PS Form 3817, April 2007 PSN 7530-02-000-9065 UN/TEDSTATES Tt Tr. Fr JSDC LAW OFFICES ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 o X co tiP 1\3 'S O PS Form 3817, April 2007 PSN 7530-02-000-9065 GCJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Citifinancial, Inc. 208 S. Conestoga Drive Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 4, 2014 at 10:00 a.m., the following described real estate which Charles R. Aument is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Charles R. Aument, Defendant. at EX. NO. 13-6244 in the amount of $90,618.77, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: B JSDC Scott A. Dietterick, Esquire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 4, 2014 at 10:00 a.m., the following described real estate which Charles R. Aument is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Charles R. Aument, Defendant. at EX. NO. 13-6244 in the amount of $90,618.77, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: a, f LI- I 1 By: JSDC La Scott A. ietterick, Esquire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Unknown Spouse of Charles R. Aument 650 Walnut Bottom Road Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 4, 2014 at 10:00 a.m., the following described real estate which Charles R. Aument is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Charles R. Aument, Defendant. at EX. NO. 13-6244 in the amount of $90,618.77, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: JSDC La By: Scott A. Di"'ce"`r , Esquire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person, Parcel No. 39-33-1883-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Revenue PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 4, 2014 at 10:00 a.m., the following described real estate which Charles R. Aument is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Charles R. Aument, Defendant. at EX. NO. 13-6244 in the amount of $90,618.77, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: 3- Li,1 1 By: Scott A. Dietterick, Esquire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 4, 2014 at 10:00 a.m., the following described real estate which Charles R. Aument is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Charles R. Aument, Defendant. at EX. NO. 13-6244 in the amount of $90,618.77, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: L I L Scott A. Dietterick, Esquire PAID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. CHARLES R. AUMENT, Defendant. CIVIL DIVISION NO.: 13-6244 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 4, 2014 at 10:00 a.m., the following described real estate which Charles R. Aument is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 650 Walnut Bottom Road Shippensburg, Pennsylvania 17257 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of Orrstown Bank, Plaintiff, vs. Charles R. Aument, Defendant. at EX. NO. 13-6244 in the amount of $90,618.77, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: (:) e ILA" By: JSDC A. Dietterick, squire PA ID #55650 Kathryn L. Mason, Esquire PA ID #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in the Village of Leesburg, along Pennsylvania Route 174, Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Pennsylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less, and a depth of 200 feet more or less. HAVING thereon erected a dwelling house being known and numbered as 650 Walnut Bottom Road, Shippensburg, Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5, 2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,01 Gi k!Atiralert Jody S Smith w r1 Chief Deputy Richard W Stewart (_A J Solicitor FF F R P-'3 !b'!a i I A a Orrstown Bank Case Number vs. Charles R Aument 2013-6244 SHERIFF'S RETURN OF SERVICE 03/28/2014 11:52 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 650 Walnut Bottom Road, Southampton -Township, Shippensburg, PA 17257, Cumberland County. 05/02/2014 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Charles R.Aument, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 650 Walnut Bottom Road, Shippensburg, PA 17257, defendant does not reside at address stated, mail is still delivered there, possible forwarding of 635 Walnut Bottom Road, Shippensburg, PA 17257, is not a valid address either, it is the residence of the estranged Sister in Law of the defendant and his whereabouts are unknown to her. cab. 06/04/2014 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of$1.00 to Attorney Scott Diettrick, on behalf of, Orrstown Bank being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $984.58 SO ANSWERS, July 10, 2014 RONK? R ANDERSON, SHERIFF fel - a. 4-,/ 97 J t;o:�ntvSte e;;;!7eri4`.�eleoseft,:Fc. On January 27, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 650 Walnut Bottom Road, 0-1Shippensburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: January 27, 2014 By: oat Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-6244 Civil Term Orrstown Bank vs. Charles R. Aument Atty.: Scott A. Dietterick ALL that certain tract of land with improvements thereon situate in the Village of Leesburg,along Pennsylva- nia Route 174,Walnut Bottom Road (referred to in prior Deeds as Molly Pitcher Highway, Route 33), South- ampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: Bounded on the north by Penn- sylvania Route 174 (Walnut Bottom Road); on the east by land now or formerly of Chester Newcomer; on the south by an alley and on the west by land now or formerly of Elton Somerville. Having a frontage on the said Walnut Bottom Road of 60 feet, more or less,and a depth of 200 feet more or less. HAVING thereon erected a dwell- ing house being known and num- bered as 650 Walnut Bottom Road, Shippensburg,Pennsylvania 17257. BEING the same premises which John W. Hall, Single Person, by his deed dated February 5,2007 and recorded on February 7, 2007 in and for Cumberland County in Deed Book 278, Page 3576, granted and conveyed unto Charles R. Aument, Single Person. Parcel No. 39-33-1883-034. 23 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa arie Coyn , Editor SWORN TO AND SUBSCRIBED before me this C2N day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE'ORO..CUMBERLAND CNTY My Commission Expires Apr 28.2018 The Patriot-News Co. s - , 4 2020 Technology Pkwy he atriotNews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: Qr�6 04/13/14 r.,.--„,-.1-01t 7100.0 aQ s aQz q ayy 04/20/14 E ,1 Qqe m a a:tin4�Dll�3a 04/27/14 o qa.Q�j Gt,°l�of (ZTAV1`1 / I( ...--"- ss n 1,4 a .°t.1t , 10a 10 Ha sE'na axle a°Xa 0aai '9 11X Bo ui co)_,/ 6ys Q Swor • - . subscribed before me thi�s ay of May, 2014 A.D. and a ox;a*`„ sQ4 , ,AV1 1, 1 / HA 10_, * X011 /aaga e. ` I 1 if ason 650 y �� aWy�seaAI aAaiiSaK' W, _. ._�. �. ` I ,` ap S Q• aQts R1 y�QeZ aQ 6a • f F u b Ic 1 Shippensh Arktb�ai �} TN �agyo John W. H,KING ° of, s deed dated 5,2007 and recorded on February 7,2007 in and v for Cumberland County. in Deed CQt*1M(?'` ,LTN OE PENNSYLVANIA AlVIA Book 278, Page 3576, granted and _,,, "'1 ,. r conveyed unto Charles R. Aument, r_ Single Person.. • Parcel No.39-33-1883-034 _ 1w -..i M- R ,_Pd'J,V1VBN_ip ,TTN'"IF N�.., .;.ES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Orrstown Bank is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 16th day of January, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 6244, at the suit of Orrstown Bank against Charles R. Aument is duly recorded as Instrument Number 201415537. IN TESTIMONY WHEREOF, I have hereunto set my hand and :al of said office this /7-/4.i day of , A.D. �0 J4- ,, , k A Vietj‘ •/l nr- Recorder of Deeds •/- . ,Deeds,Cumberland County,Carlisle,PA My Comm sion Expires the First Monday of Jan.2018