Loading...
HomeMy WebLinkAbout05-0342ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2005- ,3 y~ CIVIL TERM CUMBERLAND HOLDINGS, L.P. CIVIL ACTION-LAW EDWARD L. STUM, II and LISA M. STUM, COMPLAINT IN CONFESSION OF JUDGMENT Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appeaz for the defendants and confess judgment in favor of the plaintiff and against defendants as follows: Principal $222,795.37 Interest to 11/26!04 $ 2,446.41 {per diem $41.46) Late fees $ 171.72 TOTAL: $225,413.50 Respectfully submitted, 'BRIEN, BARK & SC R David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 Attorney for Plaintiff dab.dir/orrstownbank/cumberlandholdings/confession] udgment.pld CERTIFICATE OF SERVICE I hereby certify that on January / ~ , 2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Confession Of Judgment, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Edward L. Stum, II Cumberland Holdings, L.P. Lisa M. Stum 1120 Greenspring Road 1315 County Line Road Newville, Pennsylvania 17241 York Springs, Pennsylvania 17372 r ~~ David A. Baric, Esquire ORRSTOWN BANK, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and N0.2005- CIVIL TERM CIVIL ACTION-LAW LISA M. STUM, COMPLAINT IN CONFESSION OF JUDGMENT Defendants COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARK & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: The principal business address of Orrstown Bank is 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257 2. Defendants, Edward L. Stum, II and Lisa M. Stum are adult individuals with a last know address of 1315 County Line Road, York Springs, Adams County, Pennsylvania 17372. 3. The last known address fox Defendant, Cumberland Holdings, L.P. ("Cumberland Holdings") is 1120 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. Cumberland Holdings is averred to be a partnership. 4. On or about Apri128, 2004, Defendant, Cumberland Holdings, executed a Note payable to Orrstown Bank secured by a mortgage dated the same date. True and correct copies of the Note and Mortgage are attached as Exhibit "A" and are incorporated by reference. On or about April 28, 2004, Defendant, Edward L. Stum, II, executed a Commercial Guaranty to secure payment of the Note. A true and correct copy of the Commercial Guaranty is attached as Exhibit "B" and is incorporated by reference. 6. On or about Apri128, 2004, Defendant, Lisa M. Stum, executed a Commercial Guaranty to secure payment of the Note. A true and correct copy of the Commercial Guazanty executed by Lisa M. Stum is attached as Exhibit "C" and is incorporated by reference. Judgment is not. being entered by confession against natural persons in connection with a consumer transaction. 8. Demand has been made upon the Defendants to pay the amount due and owing under the Note and Commercial Guaranty documents and they have, without justification, failed and refused to pay. 9. Judgment has not been entered on the Note or Commercial Guaranty documents in any other jurisdiction. 10. The amount due and owing is calculated as follows: Principal $222,795.37 Interest to 1/18/05 $ 4,643.79 (per diem $41.46) Late fees $ 171.72 TOTAL: $225,413.50 11. The Note and Commercial Guaranty documents as appended, provide for the recovery of costs, including reasonable attorney fees, incurred by Orrstown Bank to collect the debt due and owing. WHEREFORE, Plaintiff requests judgment. as authorized by the warrant in the amount of $225,413.50 plus costs and expenses, attorney fees and interest accruing to the date of payment. Respectfully submitted, O' EN, BA SCH R David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 Attorney for Orrstown Bank dab.dir/orrstownban Wcumberlandholdings/complaint2. pld VERIFICATION The statements in the foregoing Complaint In Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 1 ' 19 ` or' Jeffrey S. Gayman Vice President PROMISSORY NOTE Refreneea in the shaded rsa ra }a lender's use enN end do not Ilmk the eppliubYlty of this tlocument to any paniaWr loan r htan. Any item above contsining ""' has been omitted due to text IanpH INnkdions. BDrrQWlY: CumMrlard Mekkge 1~mierd PhrtresrsAip ITIN: Lender: ORRSTOWN BANK 20-703B062i STONYNEDGE OFfgCEt,1EFFRtY OAYMAN i 720 GrwneprMg Aaad f0 BOX 250 Newvlla, PA 77247 SNIPPENSBUIIG, PA 17257 Ptincipd Amount: 1225,000.00 Date of Note: April Z8, 2004 Maturity Date: AprE 28, 2024 PROMISE TO PAY. Cumberland NeldMge Limited Partnonhip ("Borrows") promiese b pay p ORRStOWN BANK CLends'1, s orMr, b Iavv1W money o} tea Unhed Sbbs of Amriia, 1M prurdpal amount of Tvuo Hundrod Twonty-6va Theuund iQ 00!700 Dollar. 1122B,DD0.00I, pgaprar with Inursri on Ns rmpaW princifral Mlanca from Apol Z8, Z004, arse! Pak m WU. PAYMENT. Subject tv any Paymerrf aMnges rowking from afuurpaa In the Index, Borrower Witt pay this ban ort demand. Payment In frrtl 4 dw Immadiably upon Land^r's demantl. If no demand Is made. Bortowsr wIB pay this town h aoeordsna with pa following payment aoMdrtN: BO monthly eonaaoutiva ptinegN and inprori psymants ih the inPod amount aid 1,7 T 7.21 uch, l»phning May 28, 2004, whh inbnst ealeulabd on the unpaid pNndpd ba4nws ri an btltlsl inprori rata o} 6.700% ear annum; and 780 menHly oon.acutlw prNolpd and hbnri paymema h the bdtial amount of 77,837.33 each, begimrtnq May 28. 2009, whh Mprori talrxdatW on the urrpak principal ba4nus at an hteroet rap bead on the WNI Swat Prkne (eunsmry d.000%J. give a matgln o) 1,000%, narrking in an INtlN hd.rori rap of 5.000%. Borrowa's Mat payment wfK ba due on AprE 28, 2024 and wYl be for all prinoq/al and aeorued Inbrori not yet p.k, bgaths with ^rry other unp.k ama»» ands this Nop. UnWs otMrwise aprosd r nquirod by aPPll¢sbM law, payment wit M appgsd Rrot m any acarrrad unpak inbrori; than b prlndpal; than b any utrpald oeltotlon oasts; and tMn to any Isle ohsges. Thor annual krtsrori rib 1w i)rla Nob b eompubd en a 365J380 basis; that Is. by applying the ntk of the annual Intgqrent rata over a year of 360 days, mWflplied by the omstnding prindpN balance, mukipgsd by the .Dead number of days the pdnelpd balenn (s outebndhp. Borrows wUl pay Lander ^t Lender's addrea shown above or st such opar plea ore Under may dedgnab to writing, VARIABLE INTEREST RATE. For the fkat 60 payments, the interoat rrte on thin Note wYl be 6.700%. TheroaNer, He interest rap on this Nep ie suhjoet ro ehanpe from time to lima based on changes in an independent Index which Ice the Well Street Rime (the `Index"1. Ths Index to not naesearUy the lowest rate charged by Lander on its loans. If He Index becomes unevaAablo during Ha term of this town, Lender may desipnat a substitute index after notico to Borrower. Cantles wYl tell Borrower the current Index rate upon Borrower's request. The interest sets ahenpe wTl not occur more often than each day. Borrower understands that Lander may make loans based on oths setae e+ well. Ths Index ourrontly is 4.000% per annum. TM Inbrori me or pbs b W appli.d p the unpak pHndpsi INlanee o! pda Nob will be tM nor or rota wt forth Mnh In flu "Payment setxbn. Notwithsundlnp any ether proWdon of Hie Nop, efts pre flm payment swam, the Marori rap for each wbsequem payment strum will be eHactiw as of He Mri payment dots of 1M ptrirndtnq payment rirom. NOTICE: Under no eircumrianeos wUl the intarert rate on'this Noto be more than Ho maximum rate allowed Dy applicable lave. Whenever increases occur in the interest rata, Lender, at its option, m^y do one s more of He following: {AI hcrease Borrower's payments to ensure Borrower's loan wIN pay off W ks oripinel flnM m^turity date, (B) lncreaae Borrower's payment to cover aecruing Interest, ICI inersesa the number of 8srower'a peymsnp, amt (Dt eonthw Borrower's peymnnb st the same amount and inersesa Borrower's find payment. PREPAYMENT PENALTY. Borrower agree Nat all losn fees and other prepaid finance cherpea ra esrned fully as of Ne data of the loan and wUl not be subject to refund upon erly payment (whether voluntary or as a result of defwlti, except es oHSwiae required Dy law. Upan pnpaymem of thN Nab. Lender is enptlW m the folowfng propaymsrd panahy: Shouk Borrows prepay all or any amount o1 prlndpd during the next Rw t5J years, the Borrower afu0 M uaeswd apelnri 1M .mount propak, a five percent 15,OD%J propayment penafry. TM aeremment psoanbge shall daomw one percent (7.00%J par annum to ps. Lerker a¢know4dpea that exoepbd from Hle assaaamern will W prhatpal psymants that era generated u ^ rosult of op^ropon of tlu budnsu for which the ban vsea expnded. SpedTlally rrot exupbd wIN br any pnpaymsnh tpneratad as ^ nwlt of a ropnaruhg at my other lkunctl Instkutbn. Except Tor iM brogolnq, Borrovwr may pay ak or • porebn of pre amount owed eertiar Nan is due. Earfy payments will not, untto agreed b by Lander in wrtdnq. Miava $orrower s Borrows: s obUpatbn p continue m make paymema ands the payment adudWa. Radar, they wUl roderoo the prindpal baknu due and may roaWt In bortowsr making fewer payments.. Except is tM brogoing, Borrower may pay all or a pordan of the amount owed sarlNr than k Is due. Erly payment will not, unless agreed to by Lander h writing, relieve Borrower of Borrower's obligation to continue to make peymanu under the payment schedule. Rsthar, erly payment will reduce the prharpd balance due and may rewlt h Dorrowar's making fewer psymsnta. Borrower .grass not to sand Lends payments marked "paid in }all", "without recouraa', or simYer lenpuapn. If Borrower sentls arch a payment, Lender may accept it without losirp any of Lender's rights under this Nob, and Borrower wUl remain oWigrtad to pay any further amount owed to Lender. All written ¢ommunioations coneemhg disputed amounts, ineludhg any check or other payment kratrument Net indicates that He payment c¢natitutea "payment in full" ¢f the .mount owed or that a tendered wiN other tondklons or Iknitetiona or es full saiisfeedon of a disputed amount must ba maked or delivered to: ORRSTOWN BANK, P,O. BOX 250 5NIPPENSBURG, PA 17257. LATE CHARGE. it a payment is /8 days oe more tale, Borrower will be charppd 5.000% at Ths rogWady seMdukd Wyment or !50.00. whichever b proem. INTEREST A(TER DEFAULT. Upon defwk, hcluding faUure to pay upon final moturlty, Lander, et ka option, may, k permitted under ewDliceble law, increase He variable int¢reat rate on His Note to 4.000 pereontoge points over the index. The ht¢rest rats will not exceed Ne maximum rate pormiked by applicable law. M judgment la entered in oonneetion with Nia Motor, intsrsat wUl continue to eeerue on this Note otter Wdgment at the interest rate eppl'kable to fhb Nota et He time judgment is sntsed. DEFAULT. Each of Ne following shell sonaikeb sn event of default !"Event of Dafaultl under this Note: Payment Default. sorrows fella to make any payment when due under this Note. Other Defaults. Borrower Taus to comply wkh or to perform any other farm, obligation, covenant or condition oont^ined in thin Nota or to any of the related documents or to comply wiN or to perform any term, oDlipetion, covenant or condition contained h any other agreement between Lender and Borcower. Fales Sbpments. Any warranty, reprerentndon or statement made or furnished to Lender by Borrower er on Borrower's behalf under Nis Note er the rafated documents is fMse or misleading in any material respect, ¢Ither now or at the time made or furnished or becomes false or misleading et any time Hereafter. Death or Insolvency. The dissolution or tormhratbrt of Borrower's existence as a going Otrslnen or the death of any parDter, He insolvency of Borrower, the appointment of a receiver }or any pen of Borrower's property, any assignment for the benefk of creditors, any type of EXHIBIT "A" PROMISSORY NOTE (Continued) Paps 2 creditor workout, or the wmmenemrtant of any proeeedktg wdx any bankruptcy or hsolvency Itnva by or sgehtt Borcowar. Mdkor a Forlskwa proaedAtge. Commenccmant of foreclwwe m forfeiture procsedhgs, whether M judkial proceeding, aeR-hNp, reboswesion or any other method, by any uedkor of 8orrawer m by any govxnmentel agency ^galntt any vdlahrsl aseurhp the loan. This includes a gmnishmaM of any of Borrowsr'a eeeount^, incWdhp deposit wcounte, with Lahdx. Howevm, thin Event of Defwlt shill not apply R dare f^ • good faith depute by Bmrowx es to the val'dhy a reesonaWentm of the Heim whkh b the basil o} the Qadhx a forMiture procasdhp end it Bvrrowx gives Calder written notice of the xotlitor or forfafWra prouedhg and dapwks wkh Lendx monMS or a surety land fm the maditor m torteitvre proceMinp, in an amount determhad by Lendm, M Ft^ ails dkvatbn, q Ming N adequtts reserve or bond !x me diaputa. Ewnh 4flaodnp Gwrentx. Any of the praeedhg events ocean with ra^pact to any Guaran[x d any of the s,dabtedness a any Guvantor dies or becomes hoompeHn4 or rewksa er dispute. the vNidiry of, x liabaity under, any guxanry o} the hdabtadness evidenced by this Nvta- h Me swot of ^ death, Lender, tt (ts option, may, but aheg not bs requked to, permk the Gumantvr's est^ta to urume unevndklonelly the odyatlons erishp under the guaranty W • manner satiafectory to Lender, and, h doNg so, oun any Event e} Defwlt. Evens Affactlng Ganenl Partnx of ~orrovwr, Any of the I»eoedhq events occur. wmr respect to any genial parmm of Borrowx a enY penersl permar dies m becomes nwmpotent. Change In Owrxrahip. TM resipnedon or axpulaien of arty gencrd partner with an owttmahro infant of twenty-five patent (25%) or mare W Borrowm. Advarr Change. A materiel advmaa change assure in Borrower's financial condition, x t.xdx belkvea the pro^pact of payment m performance of thin Note b impskad. inaaaurky. Lendx In goad faith believes half Measure. Cure Provlaiotn. If any defwk, othm than a dafwlt in payment k eatable end k Borrower has not Men given a notice of a braeeh of the .aloe provision of thh Note within the preeedinp twelve {121 months, k may be oared God no event of default will hsvs oocunad) R Borrower, after reeaiving wrtten notice from Lander demanding are of such dafwlt: fit cures the dafadt wihin }i}teen {151 days; er 121 If the wra rgqukee more than fHtesn (161 days: knmedirtoty initiates step. which Lendu deems in Lendm's sole d4cretkn to be suffbiant to sure the default and thereafter eontinu^a end completes ^E reesonablc end naceasay steps wffleieni to produw eompll^nee ae soon as reasonably praotioal, LENDER'S RiGHTB. Upon defwl4 Lender mW, afMr gNhg ouch not(aes n requhed Dy epp5oabl^ law, dodsre the entire unpekl principal betatce ort this Note end all accrued unpeb htmeat immedMtely due, sod then Borrowx wN pay that amount. ATTORNEYS' FEES; EXPENSES- Lander may hire or pay someone aloe to help vogact this Notes if 8xrower does not pay- Borrower ail pay Lander that amount. This includes, abject to any links under applicable law, Lender's attorneys' tees and Lender's legal expenses, whether m not theta is •Isw^uk, including attorneys' hen, axpanees Tor bankruptcy prooeedinga IinNUdhg efforts to mod'dy or veveta any wtomttk tray or injunctionl, and appeals. Moat prohibkcd by applbahk law, Borcowx also wgl pay any court costs, h additkn to aE other sums previdd by law. JUAY WAIVER. Lender antl Sorrowx Mreby waive the tight to any Jury trMl h any action, preoesding, er oountarelatm brought by either Lrtdar Dr Borcowx agahtt the other. RIGHT OF SETOFF. 7o the extant permitted by epplfcaWe I^W, LErn7m nsarvos s right of estoff h eg Borrowv'a ^ecounta wkh Landx Ivfiather checking, ^^vhgs, yr soma othm acoountl. Thies Ineludea ell acoounU Borrower Melds jointly with someone also and all accounts 8orcowx may open in the furore. Howevm, this doer not include any IRA m Keogh eccwnte, or any trust aecwnts for which aotoff would ba prahlbiud by law. Burrow^r suthorizes Lender, to the extant permitted by applicable law, to chips m setoff all sumo owotp on the hdabtedneaa spainN xy and all wch accounts, and, at Lendm'a vptia+, to adminirpathrdy freeze all wch acoounta to agow Lender to protect Lender's ahxge and setoff rights tnovkhd in thin pereprapn. . PROPERTY INSURANCE. Borrowm undx.tends that Borrowx is r~~~k^d to obtain hswenca for the cdiaterd secwhp this Not.. Further hformetion concarnhg this requhxnant k set forth in the Mortgage and in the Agreement to Provide Inwrenes, ell the tams ^nd conditions v1 which ere hereby Meorpxated end made • pert of thk Notes. RINANCIAL INFORMATION. The Borcowm egreea to provide the Lander with Federal Tax Roturns end/x CPA prepared F'xtancl^I Statemenb and soy othx fhanckl information, required by tho Lender's OrlginN Comm'kment Ltttm to the Bxrowx, ort an anrwal beck. M the Landx doe not rocoive the required flnanekl informaton within two Iwndred savanry (2701 days of the Bmrowsr'• fi-ed yarn end, the Lander has ills right to inxeese the hterest rate eherped on this Notes by 0.25%. The Borrower shall rsoeiw wr)ttan not'dicetion ten (101 days prior to the Lender inaeaalnp the htxest rote oh^rged on this Notes. SUCCESSOR INTERESTS. The term. of this Note shall Ce binding upon Barcowar, end upon Borrower's heirs, pereonal raprssantetNee. succwaors and eseigns, and ^hNl inure to the Mnafit of Lendx end its auccasexs end wsipns. N071FY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTfNG AGENCIES. Pkase notify us k we report any haoouratc information about yow acoountl^1 to a cvnwmer reporthp egenry. Vour written netice describing the epecgie ineccuracy(isel ehoultl M sent to us art tM feaewhp address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17287 GENERAL PROVISIONS. Thk Note is p^yable on demand, The holuelon of specific dafwlt provisions w rights of Lendx eh^11 net preclude Lendx'a right to deNxe payment of this NDta on ks demand. Lander may delay m torgv enforcWg my of its right. m remedies under thh Note without losing them. Borrower end any other parson who sign, guxentees m endorse this Note, to the extent allowed by Isw, waive presentment, demand for payment, end notce of dishonor. Ubon any change in the farms of this Notes, and unless othxwiea expressly stared W writing, no perry who signs this Note, vvheMx es makx, guxntor, aocommodadon maker or antlortar, shell M relaesed from liabbiay. Ali wch parties agree that Lender may renew or extend itepaatedly and for any length of lane) this loan or releaaa any pity, partnx, or puaremor or colletxef: or impec, fill to realize upon m perfect Lender's ^^curiry intera^1 in rho togaural; and take any othm .orlon deemed neca^ssry by Lender without the oonaent of or noose to anyone. All ouch patios also agree thx Landm may modify this loan without the consent of or notice to anyone other than the party whh whom the mod(fkttlon is made. The odigadons under this Note xe joint and aevmel. R any portkn o} this Nou is for any ree^Dn determhad to M unenfercasbla, It oral not aNea the cnlxeeabllhy of wy other provision. of this Note. CONFESSION OF JUDGMENT, BORROWER HEREBY IflREVOCABLV AUTHORITES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANV COURT IN THE COMMONWEALTH DF PENNSYLVANIA, OR ELSEWHERE, 70 APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF TFRS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES ANO ANY AND ALL AMOUNTB EXPENDED OR ADVANCED 8Y LENDER RELATING TO ANY COLLATERAL SECURING THiS NOTE, TOGETHER WITH COSTS OF SUfT, ANO AN ATT'ORNEY'S COMMISSION OF TEN PERCENT l10%j OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR " 'a BfiObZ£91.1t 'ON Xbd 30NHNI.~/N801 Wd 6I ~ [ i I8~ b00d-9Z-AON PROMISSORY NOTE [Candnued) Ppe3 COLLECTION, BU7 IN ANV EVlNT NOT LESS THAN FIVE HUNDRED DOLLARS (18001 ON WHICH JUDGMNNT OR JUDGMENTS ON! OR MORE EXECUTIONS MAY ISSUE IMMEDIATlLY; ANp FOR SO DOING, THIS NOtE OR A fOPY OF THIS NOT! VlRIFlEO RY AFTIDAVIT SHALL BE SUFFICIlNT WARRANT. THE AUTHORffY GMNTLD IN THIS NOTE TD CONFlSS JUDOMWT AGAINST BORROWER BtULL NOT E! EXHAUSTlD BV ANY EXlRCISC OF THAT AUTHDlUT'f, BUT SHALL CONTINU! FROM TIME TO TIM! AND AT ALL TIMES UNTIL PAYMENT BJ FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HlREBY WAIVES ANY RIGFIT BORROWER MAY HAVE TO NOTIC! OR Ta A N[ARING IN CONNlCTION WITH ANY SUCH CONFESSION OF JUDOMCNT AND STATlS THAT EITFtlR A REPRESENTATIVE Of LENDlR $PECIFlCALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWQi'9 ATTlNTION OR EARROWER HAS B!!N REPRFSENTlD SY INDEPENDENT LCGAL COUNSEL. MIOR TO SIGNING THIS NOTE, WRROWER READ AND 1AYDERSTOOD ALL THE PROYISIONB OF THI$ NOtt, INCLUDING THE VAR1ASlE INTlRlS'Y Mtt MOVIBIONS. BORROWER AORlES TO 1H! TERMS OF THE NOTE. BORROWER ACKNOWLEDGES IMCEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOtt. THIS NOtt IS OrvEN UNDER SEAL AID R IS WTENOED THAT THIS NOTE IS AND SHALL CONSTITUTE AND NAVE THE ErF[CT OP A BEALlD INSTRUMENT ACCORDWO TO U1W. SOIIROWER: CUMBERLAND NOLDMOS LIMITED PARTNERSHIP R p LOI GS MANAGEMENT, LLC, G~n~nl ~~rnrr a1 Cuml»ri~nd HoidinE~ LMnlud P~rtn~nhlP ~[( I MM aM ~ wm, ~ un ~ o HaWInE~ M~E~m.M. LLC UN111110L~~.Y~.fL<LCl M.IYYMMiM IWYO. MRIM. MY6 MlylY lYw,L .M 01TMMMM R11M MI s~ 'a 6606Z£SLiL 'ON XH~ 30NHN1~/Nd01 WH 6l;ii IB.~ 600Z-9Z-AON ~~ RECORDATION REQUESTED BY: ORRSTOWN BANK STONEHfDGE OFFICE/JEFFREY GAYMAN PO BOX 250 SHIPPENSBURG, PA 17257 WHEN RECORDED MAIL T0: OARSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 RDB.~tTr. ~IEGIER f;;:CpRDEft OF DEEDS `f r°R 29 °(9 2 S8 FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE dated April 28, 2004, is made and executed between Cumberland Holdings Limited Partnership, whose address is 1120 Greenspring Road, Newville, PA 17241 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is PO BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender" ). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, 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 liberties, privileges, tenements, hareditamenta, and appurtenances thereunto belonging or anywise made appurcenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including mock in utilities with ditch or irrigation rights{; and ell other rights, royalties, end profits relating to the real Rroperty, including without limitation all minerals, oil, gas, geothermal and similar matters, (th8 "Real Property") IOCated in Cumberland County, Commonwealth of Pennsylvania: See Attached The Real Property or its address is commonly known as 1120 Greenspring Road, Newville, PA 17241. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plug interest thereon, of Grantor to Lender, or any one or more of them, ea well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or uniiquidated whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns [o Lender ell of Grantor's right, thle, 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 i6) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 8225.000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE 15 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except es otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage ea they become due and shall strictly perform ell of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shell 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 Properly; 12) use, operate or manage the Property; end (3) collect the Rants from the Property. Duty to Maintain. Grantor sha{I maintain the Property in tenantable condition and promptly perform all repairs, replacements, end maintenance necessary to preserve its vslue. Compliance With Environmental Laws. Grantor represents end warrants to Lender that: (11 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 6y any person on, under, about or from the Property; 121 Grantor has no knowledge of, or reason to believe theC there has been, except as previously disclosed to end acknowledged 6y Lender in writing, (a) any breech or violation of any Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c1 any actual or threatened litigation or claims of any kind by any person relating to such matters; and f31 Except as previously disclosed to and acknowledged by Lender in writing, (al neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or From the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes lender end Hs agents to enter upon the Property to make such inspections and Lasts, et Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or Casts made by Lender shall be for Lender's purposes only and shell not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations end warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases end waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costa under any such Iews; and (21 agrees to indemnify end hold harmless Lender against any and all claim a, losses, liabilities, damages, penalties, and expenses wfiich Lender may directly or indirectly sustain or suffer resulting from a brew^ti ^E •~~- vo^..,,., of rho Mnrrnane nr as w consequence of env use, beneretion. mam~f:.^•'°° ----- MORTGAGE fContinuedl ..r Page 3 laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. Ail representations, warranties, end agreements made by Grantor in this Mottgage shall survive the execution end delivery of this Mortgage, shall be continuing in nature, end shall remain in fv1V force and effect until such time es Grantor's indebtedness shall be paid in fuN. CONDEMNATION. The following provisions relating xo condemnation proceedings are a Rart of this Mortgage: Prouadings. If any proceeding In condemnation is filed, Grantor ahali promptly notify Lender in writing, end Grantor shall promptly take such steps as may be necessary to defend the action end obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall ha 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 Lander such instruments and documentation as may ba requested by Lender from time to time to permit such participation. Application of Nat Procaeda. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award ba applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, end attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees end charges are a part of this Mortgage: Currant Taxes, Feas and 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 Real Property. Grantor shall reimburse Lender for all saxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxsa, The following shall constitute texas to which this section applies: (11 a specific tax upon this type of Mortgage or upon ail or any part of the Indebtedness secured by this Mortgage; (21 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 fax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (41 a specific tax on all or any portion of the Indebtedness or on payments of principal end 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 shell have the same effect as an Event of Default, and Lender may exercise any or ell of its available remedies for an Event of Default es provided below unless Grantor either (11 pays the tax before it becomes delinquent, ar (2) contasta the tax ea provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a pert of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreem ant to the extent any of the Property constitutes fixtures, and Lender shall have ail of the rights of a secured party under the Uniform Commercial Coda es amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lander to perfect end continue lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time end without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage ea e financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make if available to Lender within three 13) days after receipt of written demand from Lender to the extent permitted by applicable law. Addreesea, The mailing addresaea of Grantor (debtor) and Lander (secured parry) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) ate as stated on the first page of this Mortgage. FURTHER ASSURANCES: ADDITIONAL AUTHORIZA710NS. The fallowing provisions relating to further assurances and additional authorizations ere a part of this Mortgage: Further Assuraneoa. At any time, and from time to time, upon request of Lender, Grantor will 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 he filed, recorded, refiled, or rerecorded, as the case may be, at such times end in such offices end places es Lender may deem appropriate, any end all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further easurence, certificates, and other documents as msy, in the sole opinion of Lender, ba necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (21 the liens end security interests crested by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costa and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Granfor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage end suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents end the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Defsuit under this Mortgage: Payment Deteult. Grantor fails to make any payment when due under the Indebtedness. Deteult on Other Paymsnta. 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 nr to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition nnnr-:^°' - -` ns.,,r..nnn ~, .n nnv of the Rwlwted Dnuim ants or to comtlly With nr rn n-•E^•- ---" ~ -~ .y MORTGAGE (Continued) Page 5 any Grantor is deemed to be notice given to ell Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding end agreement of the parties as to the matters sat forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Repona. If the Property is used for purposes other then Grantor's residence, Grantor shall furnish to lender, upon request, e certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail es Lender shall require. "Net operating income" sfiall mean ail cash receipts from the Property leas ell cash expenditures made in connection with the operation of the Property. Caption Headinga. Caption headings in this Mortgage are for convenience purposes only and era not to be used to interpret or define the provisions of this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate ea a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shell not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shell constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage tc ~~e illegal, invalid, or unenforceable as to any circumstance, that finding shell not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shell be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceebility of any provision of this Mortgage shall not effect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shell 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, end upon Grantor's heirs, personal representatives, successors, end assigns, and shell be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references io dollar amounts shall mean amounts in lawful money of the United States of America. Words end terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words end terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Cumberland Holdings Limited Partnership end includes ell co-signers end co-makers signing the Note. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Lawa" mean any end all state, federal end local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, end Liability Act of 1980, es emended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation end Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state ar federal laws, 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 Cumberland Holdings Limited Partnership. Guarantor. The word "Guarantor" meads any guarantor, surety, or accommodation party of any or ail of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of ell or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materiels 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" ere used in their very broadest sense end include without limitation any and ell hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means ell existing and future improvements, buildings, structures, mobile homes affixed on the Reel Property, facilities, additions, replacements and other construction on the Reel Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes ell amounts that may be indirectly secured by the Cross-Colleteralization provision of this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. '~ Note. The word "Note" means the promissory note dated April 28, 2004. Ill the original nrinftn~r ~.....••-. -~ ^"+^^ ^^- -- EXHIBIT "A" TRACT NO. I ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being two hundred ninety-five (295) feet southwest of a common corner of land now or formerly of Raymond M. Singer and Ethel M. Singer, his wife, and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction two hundred eighty (280) feet to an iron pin; thence by land now or formerly of Raymond M. Singer and Ethel M. Singer, his wife, in a westerly direction one hundred forty (140) feet to an iron pin; thence by dame, in a northerly direction two hundred forty (240) feet to a point in the center of the aforesaid public road; thence by the center of the aforesaid public road in a northeasterly direction one hundred forty (140) feet to the place of BEGINNING. TRACT N0.2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a twenty (20) foot right-of--way and the southwestern corner of property now or formerly of Wade D. Fraker and Barbara J. Fraker, his wife; thence along said property, South sixty-two (62) degrees forty-nine (49) minutes twenty- four (24) seconds East one hundred forty (140) feet to an iron pin and Lot No. 5; thence by Lot No. 5, South fourteen (14) degrees forty-four (44) minutes forty (40) seconds West one hundred sixty-five and forty-four hundredths (165.44) feet to an iron pin and land now or formerly of Ethel M. Singer, widow; thence by said land, South eighty-eight (88) degrees twenty-four (24) minutes forty-six (46) seconds West two hundred twenty-two and sixty hundredths (222.60) feet to an iron pin at the easterly edge of an existing twenty (20) foot right of way; thence along the twenty (20) foot right of way, North thirty-one (31) degrees twenty (20) minutes East two hundred sixty-nine and thirty-nine hundredths (269.39) feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, R.S., made June 11, 1979. BEING the same two tracts which Wade D. Fraker and Barbara J. Fraker, husband and wife, by their Deed dated April 12, 2002, and recorded April 17, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 251, Page 1342, granted and conveyed unto Cumberland Holdings, Ltd., a Pennsylvania limited liability company. AND BEING the same two tracts which Cumberland Holdings, Ltd., a Pennsylvania limited liability company, by its Deed dated Apri126, 2004, and intended to be recorded simultaneously with this instrument in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partnership. I:UIV11VItHl;IHL liUAIiAN I GUBfilfltOf: Edward L. Slum, II {SSN: 217.52.29271 1315 County Llne Road York Springs, PA 17372.9021 AMOUNT OF GUARANTY. This ie s guaranty of payment of the Note. including without limitation the principal Nota smount of Two Hundred Twenty-five Thousand & 00/100 Dollars (!225,000.001. GUARANTY. For good and valuable consideration, Edward L, Stum, If ("Guarsntor") absolutely end unconditionelly guarantees and promise tc pay to ORRSTOWN BANK ("Lender') or Its order, on demand, in legal tender of the United States of America, the Indebtsdnaaa {as tMt farm is defined below) of Cumberland Holdings limited Partnership ("Borrower") to Larder on the terms end conditions eat forth in this Guaranty. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shell not exceed at any one time the amount of the Indebtedness described herein, plus ell costs end expenses of IA) enforcement of this Guaranty end (BI collection end sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or et any one time. If lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability wdl be Guarantor's aggregate liability under the terms of this Guaranty end any such other unterminated guaranties. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes the Note, including (al el( principal, (b) all interest, (cl alt late charges, (dl all loan fees and Ioen charges, end (el all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lender's attorneys' fees. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness shall have been fully and finally paid end satisfied end ell of Guarantor's other abligetions under this Gueranry shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not eNact the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes lender, without notice or demand and witlwut lessening Guarantor's liability under this Guaranty, from time to time: (A) to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; IB) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases sad decreases of the rate of interest on the indebtedness; extensions may be repeated and may be for longer than the original Ioen term; ICI to take and hold security for the payment of this Guaranty or the Indebtedness, end exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments end credits shall be made on the Indebtedness (Fl to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of oust, as Lender in its discretion may determine; (Gl to sell, transfer, assign or grant participations in ell or any part of the indebtedness; and (NI to assign or transfer this Guaranty in whole or in pert. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that {Al no representations or egreem ante of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Gueranry is executed at Borrower's request and not at the request of Lender; {C) Guarantor has full power, right and authority to enter into this Guaranty: (DI the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; IE) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of ail or substantially alt of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, end elf future financial information which will be provided to Lender is and will be true and correct in all material respects end fairly present Guarantor's financial condition as of the dates the financial information is provided; IG) no materiel adverse change has occurred in Guarantor's financial condition since [he date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; IH) no litigation, claim, investigation, administrative proceeding or similar action linciud'rng those for unpaid taxes) against Guarantor is pending or threatened; (I) Lender has made no representation to Guarantor es to the creditworthiness of Borrower; and IJ) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable taw, Guarantor waives any right to require Lender IA) to continue lending money or to extend other credit to Borrower; {BI to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collalerai, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; lCl to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor; (DI to proceed directly against or exhaust any collateral held by lender from Borrower, any other guarantor, or any other person; {E1 to give notice of the terms, time, and place of any public or private sale of personal property security held by lender from Borrower or [o comply with any other applicable provisions of the Uniform Commercial Code; IFI to pursue any other remedy within Lender's power; or (G! to commit any act or omission of any kind, or et any time, with respect to any matter whatsoever. EXHIBIT "B" In addition to [he waivers set forth herein, if now or hereafter Borrower is ar shall become insolvent and the Indebtedness shall not at ail times COMMERCIAL GUARANTY (Continued> Page 2 until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and gives up in favor of Lender end Borrower, and Lender's and borrower's respective successors, any claim or right to payment Guarantor may now have or hereaker have or acquire against Borrower, by subrogation or otherwise, so tRet at no time shell Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(61, or any successor provision of the Federal bankruptcy laws. ' Guarantor also waives any and all rights or defenses arising by reason of (AI any "one action" or "anti•deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (Bl any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's aubrogetion rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C1 any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; ID) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; IE) any statute of limitations, it at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limtations; or (FI any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives end egreea not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or aimNar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reeaonable end not contrary to public policy or law. tf any such waiver is determined to be contrary to any applicable law or public policy, such waiver shell be effective only to the extant permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in ail Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subord'mates any claim Guarantor may have against Borrower, upon any account whatsoever, io any claim that Lender may now or hereafter have against Borrower. In the event of insolvency end consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by vofuntarY liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lander and Guarantor shall be paid to Lender and shell be first applied 6y Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims whicfi it may have or acquire against Borrower ar against any assignee or trustee kt bankruptcy of Borrower; provided however, that such assignment shell be effective only for the purpose of assuring to Lender full payment in legs) tender of the Indebtedness. If Lander so requests, any noses or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shalt be marked with a legend that the same are subject to this Guaranty and shall 6e delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to fife financing stetementa and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the pertY or parties sought to be charged or bound by the alteration or amendment. Attorneys' Feea; Expanses. Guarantor agrees [o pay upon demand ell of Lender's costa end expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees end legal expenses whether or not there is a lawsuit, including attorneys' fees end legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings, Caption headings in this Guaranty ere for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the farms of this Guaranty. Guarantor hereby indemnifies and holds lender harmless from ell losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of [hem. The words "Guarantor," "Borrower," and "Lender" include the heirs, succesaora, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty wgl not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor ere corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, end any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. I Inlnc~ nrharwisn nrnvided by annlirahla law anv nnricn r>m,irar7 to ha nh,en undo. rbie (;n"."n..• "~^" '-- ""--- COMMERCIAL GtlARANTY (Continued) Pays 3 a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, cenifiad or registered mail postage prepaid, directed to the addressee shown near the beginning of this Guaranty. Any party may change its address for notices under this Guaranty by giving formal written notice to the other pmties, specifying that the purpose of the notice is to change the pmry's address. For notice purposes, Guarantor agrees to keep Lender informed et all times of Guarantor's current address. Unless otherwise provided by applice6le law, if there is more than one Guersntor, any notice given by Lender to any Guarantar is deemed to be noticn given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by lender. No delay or omission on the pmt of Lender in exercising any right shelf operate as a weivar of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute s waiver of any of Lender's rights or of any of Guarantor's obligations as to any future tranaections. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sale discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, end upon Guarantor's heirs, personal representatives, successors, and assigns, end shell be enforceable by Lender end its successors and assigns. DEFINITIONS. The following capitalized words end terms shall have the following meanings when used in this Gueraniy. Unless specifically stated to the contrary, ail references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, end the plural shall include the singular, as the context may require. Words end terms net otherwise defined in this Guaranty shell have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "borrower" means Cumberland Holdings Limited Partnership end includes elf co-signers end co-makers signing the Note. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Edward L. Stum, II. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or pmt of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lander. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Note. The word "Note" means the promissory note dated April 28, 2004, in the original principal amount of 5225,000.00 from Borrower fo Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, end substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean ail promissory notes, credit agreements, loan agreements, environmeniel agreements, guaranties, security agraem ants, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES ANO EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY ANO ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS 4F SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10°kl OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED WTEREST FOR COLLECTfON, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (85001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR 50 DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED iN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATfON OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 28, 200d. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEA D INSTRU ENT ACCORDING TO LAW. GUA NTO X 3Seaq E ward L Stum, II COMMERCIAL GUARANTY (Continued) Page 4 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA )SS COUNTY OF Cu-,~ ~ z f I~,d ) (, ~ Q c /I 1 On this, the ~6 ~ day of ~(`r' , 20 ~~, before me ~r ~ "'try J•>!(~r~ O~`}2/' tha undersigned N ary Public, personally appeared Edward L. Stum. 11, known to me (or satisfactorily provanS 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. ~_////}/~ f/~~ In witness whereof. 1 hereunto set my hand and official anal. j) .~~~~' """'%/f" COMMONWEALTH OF PENNSYLVANIA (x/11 N~~~ Notary Public in end for the State of o,-~r.r S~ylu~ t Lda Atat Solwibelgel. Nomly PubYc SOU9r Mlddleb+at Tvp., Curlberlartd GaR'AY MyCamisdan ErPM'ea Oct 28.2007 w[na,oi.w.v..cn.w.m~c.o..rwae~r.rsaa.aw.~sr. xow. uwyn a,..a. .r~oxnvn¢rwsc m.r.a n-, COMMERCIAL GUARANT . References in the shaded arcs are Eor Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. BDtt'OWBt': Cumberland Holdings Limited Partnership {TIN: LftldBy; ORRSTOWN BANK 20-1038062) STONEHEDGE OFFICE/JEFFREY GAYMAN 1120 Graenapring Road PO BOX 250 Newville, PA 17241 SHIPPENSBURG. PA 17257 GUBYBntOr: Lisa M. Stum (SSN: 175-62-81211 1315 County Lina Road York Springs, PA 17372-9021 AMOUNT OF GUARANTY. This is a guaranty of payment of the Note, including without iimitedon the principal Note amount of Two Hundred Twenty-five Thousand & 00!100 Dollars (4225,000.00). GUARANTY. For good and valuable coneiderstion, Lisa M. Stum ("Guarantor") ebeolutely and unconditionally guerarttaes and promisee to pay to ORRSTOWN BANK ("Lender") or its order, on demand, in legal tendnr of the United States of America, the Indebtedness (ea that term fs defined below) of Cumberland Holdings Limited Partnership ("Borrower"} to Lender on the terms and conditions set forth in thla Guerenty. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein, plus all costs and expenses of (A) enforcement of this Guaranty and (B) collection and gale of any collateral securing this Guaranty. The above limitation on liabifhy is not a restriction on the amount of the Indebtedness of Borrower to lender ehhef in Che aggregate or at any one time. if Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under ail guaranties shall be cumulative. This Guaranty shall not !unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminatad guaranties. INDEBTEDNESS GUARANTEED. The indebtedness guaranteed by this Guaranty includes the Note, including (e) all principal, lbl ail interest, ic) all late charges, (d) all loan fees and loan charges, and le) all collection coats and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation alt of Lender's attorneys' fees. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness shell have been fully and finally peld and satisfied and alt of Guarantor's other obligations under this Guaranty shall have been performed in full. Release of any other guarantor or termination of any other guaranty of the Indebtedness shell not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, without notice or demand and without lessening Guarantor's liabllity under this Guaranty, from time to time: (A! to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise fo extend additional credit to Borrower; (B) to alter, compromise, renew, extend, ecceferata, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the race of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (CI to take and hold security for the payment of this Guaranty or the Indebtedness, end exchange, enforce, waive, subordinate, fait or decide not to perfect, and release sny such security, with or without the substitution of new collateral; ID} to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments end credits shall be made on the Indebtedness IF} to apply such security and direct the order or manner of safe thereof, including without limitation, any nonjudicial sale permit[ed by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G! to sell, transfer, assign or grant participeiions in alt or any part of the Indebtedness; and (H) to assign ar transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Gueranior represents and warrants to Lender that IA) no .representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; i81 this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guerenty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not resulx in a violation of any law, regulation, court decree or order applicable to Guarantor; lEl Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of ail or substantially ell of Guarantor's assets, or any interest therein; (F! upon Lender's request, Guarantor will provide to Lander financial end credh iniorme[ion in form acceptable to Lender, and all such financial information which currently has been, and ail future financial information which will be provided to Lender is and will be true and correct in ell material respects end fairly present Guarantor's financial condition es of the dates the financial information is provided; {G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided fo Lander and no event has occurred which may materially adversely effect Guarantor's financial condition; {H) no litigation, claim, investigation, edministretive proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or threatened; 111 lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J} Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Gueranior any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except es prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or co extend other credit to Borrower; (BI to make any presentment, protest, demand, or notice of any kind, including notice of any nonpeym ant of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection wish the Indebtedness or in connection with the creation of new or additional loans or obligations; (CI to resort for payment or to proceed directly or et once against any person, including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any ocher person; (E) to give notice of the terms, time, end place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (FI to pursue any other remedy within Lender's power; or (GI to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. EXHIBIT "C" in addition to the waivers set forth herein, if now or hereafter Borrower is or shall become insolvent and the Indebtedness shall not at ell times COMMERCIAL GUARANTY (Continued) Page 2 until paid ba fully secured by collateral pledged by Borrower, Guarantor hereby forever waives end gives up in favor of Lender and Borrower, and Lender's end Borrower's reapectiva successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwlae, so that at no time shell Guarantor 6a m become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(bl. or any auccesaor provision of the Federal Bankruptcy laws. Guarantor also waives any end all rights or defenses raising by reason of 4A1 any "one action" or "anti•deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or eher Landm'e commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; {B} any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's aubrogetion rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or dischmging the Indebtedness; ICI any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; IE) any statute of Ifmitationa, if aT any time any action or suit brought by Lander against Guarantor is commenced, there is outatand'rng Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or lFl any defenses given to guarantors at law or in equity other then actual payment end performance of the Indebtedness, if payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness end [hmaefter lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further weivea and agrees not to assert or claim et any time any deductions to the amount guaranteed under this Guaanty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be ssaerted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and egress that each of the waivers set forth above is made whh Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable end not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent parmhted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly witFt someone else and all accounts Guarantor may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default, end Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hertaftar created, shall be superior to nny claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Gumantor hereby expressly subordinates any claim Guarantor may have egeinat Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency end consequent liquidation of the assets of Borrower, through bankruptcy, by en esaignment for the benefit of creditors, by voluntary liquidation, or otherwise, Cne assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall ba effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shell be marked with a legend that the same ere subject to this Guaranty and shall be delivered fo Lender. Guarantor agrees, and lender is hereby authorized, in the name of Guarantor, from lima to time to file financing statements and continuation atreements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding end agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amandm ant. Attorneys' Fees; Expenws. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys` tees end Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs end expenses of such enforcement. Casts and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay alt court coats and such additional fees as may 6e directed by the court. Caption Headings. Caption headings in this Guaranty ere for convenience purposes only and ere not to be used to interpret or define the provisions of this Guaranty. Integration. Guarantor further agrees that Guarantor has reed and fully understands the terms of this Guaranty; Gumantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions end parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations end egreementa of this paragraph. Interpretation. In all cases where tfiere is more than one Borrower or Gumantor, then all words used in this Guaranty in the singular shall be deemed to have bean used in the plural where the context end construction so require; and where there is more then one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean ell and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. IF a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor ere corporations, partnerships, {trailed liability companies, or similar entities, it is not necessary far Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be effective when actually delivered, when actually received by telefecsimile {unless otherwise required by lawl, when d<,.^°'•-' - ~' COMMERCIAL GUARANTY (Continued) Page 3 a nationally recognized overnight courier, or, N mailed, when deposited in the United States mag, as first class, certified or registered mail postage prepaid, d'aected to the addresses shown near the beginning of this Guaranty. Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, Guarantor agrees to keep lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shell operate as a waiver of such right or any other right. A waiver by Lender of s provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, not any course of dealing between lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations ea to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Aasigne. The terms of this Guaranty shell be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors end assigns. DEFINITIONS. The following capitalized words end terms shall have the following meanings when used in this Guaranty. Unieea specifically staled to the contrary, ell references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shell have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Cumberland Holdings Limited Partnership and includes ell co-signers and co-makers signing the Note. Guarantor, The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation Lisa M. Stum. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or par[ of the Note. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. Note. The word "Note" means the promissory note dated April 28, 2004, fn the original principal amount of 3225.000.00 from Borrower to Lender, together wish ell renewals of, extensions of, modifications of, refinancings of, conselideiions of, and substitutions for the promissory note or agreement. Related Documents. The words "Related Documents" mean ell promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all ocher instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness, CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY ANO ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 195001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR NAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAYING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TfTLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 28, 2004. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: e . Stum COMMERCIAL GUARANTY (Continued) Page 4 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ISS COUNTY OF ~tl.uc,7~~ I~.-d. On this, the ~9 7A day of ~l Ar~ ~ , 2003 ,before me~> ~~ ~^'!/r"`~`~°` , the undersigned N tery Public, personally appeared Lisa M. Stum, known to me for aetisfectorgy provenl to be the person whose name is subscribed to the within instrument, and acknowledged that ha or she executed the aema for the purposes therein contained. ~L/~//' / 1Y~~~ In wltnsss whereof, 1 hereunto eat mY bend and official seal. COMMONWEALTH OF PENNSYLVANIA ~~n- NoterfalSt>al Notary Public in end for the Stets of pr:X~.l,/ ~n'~-~•~ Lek Am SaleMterget. ~Y P~tJic SaAh MddlelvenTwp., CteribatlarW Canty MY CAmt~Ia+Exptes Oct 2S, 2g0T .~, ,o ~'-' (' =n ii (~ ~ T _ itl 1 ~~ ~ ~ ~ ~~~ .- ~ ~ ~ -~ ~' ~ ~~ ._. ~, 0 ~, ORRSTOWN BANK, v, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA N0.2005- ;3~/~ CIVIL TERM CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, Defendants CNIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF ADDRESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is counsel to the Plaintiff herein, and as such states the follawing: 1. The Defendants, Edward L. Stum, II and Lisa M. Stum, are not in the military or naval service of the United States ar its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendants, Edward L. Stum, II and Lisa M. Stum, are more than 21 years of age and have a current address of 1315 County Line Road, York Springs, Pennsylvania 17372. 3. The address of Cumberland Holdings, L.P. is 1120 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 3. He has ascertained the above informati y persona] i vestigati and makes this Affidavit with due authority. ~ David A. Baric, Esquire Sworn to and subscribed before me this ' C~1 day of January, 2005. t dab.di r/orrstown banklcu m berlandhold in gslnonm i litary. aff COMMONWEAL?ii OF r'cNivSYLVAPJIA Notarial Seal I Jennifer S. Lindsay, Notary Public { Carlisle Boro, Cumberland County My Commission Expires Nov. 29, 2007 Member. Pennsylvania Assoriatinn Qf Notaries r_~ ~} r', ~...~ -rt c_'> cn ,~ (_. '_ r ~' - v^ '.C.. N =~'.~ L~~ .-.~ ~~. ~Y ORRSTOWN BANK, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P. N0.2005- ;3~1a CIVIL TERM CIVIL ACTION-LAW EDWARD L. STUM, II and LISA M. STUM, COMPLAINT IN CONFESSION OF 3UDGMENT Defendants AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Orrstown Bank, the Plaintiff herein, and hereby certify that judgment is not being entered against natural persons in a consumer transaction. 'BRIEN, B RIC & ERER David A. Baric, Esquire dab.d it/orrstownb ankf cu m be rland hold in gstcom mericaltransaction. a ff t-. ~; ) '11 °~~ ..~ l - _ _ t:tl.~'. ';'~'•T' t :. ~. ~-} . r .:i ~, .r G~ ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- CIVIL TERM CUMBERLAND HOLDINGS, L.P. CIVIL ACTION-LAPI EDWARD L. STUM, II and LISA M. STUM, COMPLAINT IN CONFESSION OF JUDGMENT Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Edward L. Stum, II 1315 County Line Road York Springs, Pennsylvania 17372 Notice is hereby given to you of entry of a judgment against you in the above matter. l ! Protho t y // Date: V dab.dirforrstownban Wcumberlandholdingsfedwardstum236.ntc ORRSTOWN BANK, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P. ; EDWARD L. STUM, II and LISA M. STUM, Defendants . N0.2005- CIVIL TERM CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Lisa M. Stum 1315 County Line Road York Springs, Pennsylvania 17372 Notice is hereby given to you of entry of a judgment against you in the above matter. Date: ~ D~ Prothon dab, dir/orrstown bank/cu m berlandhold ingsllisastu m236. ntc ORRSTOWN BANK, Plaintiff v. CUMBERLAND HOLDINGS, L.P. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2005- CIVIL TERM CIVIL ACTION-LAW EDWARD L. STUM, II and LISA M. STUM, COMPLAINT IN CONFESSION OF JUDGMENT Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 Notice is hereby given to you of entry of a judgment against you in the above matter. q rotho ••,, Date: /v D5 dab. d i r/orrstown ban klcu m berla ndhold ingsf cu m berla ndholdings236. n tc 'j ORRSTOWN BANK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIV[L TERM CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. CIVIL ACTION-LAW AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa. R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate of Mailing Receipts attached hereto. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY: `~ David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717)249-6873 Attorney for Plaintiff dab.dir/orrstownban Wcumberlandholdings/mailing.cer us. POSTAL SERVICE CERTIFICATE OF MAILING ...."'- MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMA TER ~r~ Receivetl Fmm: / a C~ O'Brte~ Banc sSeiner-elm ~ ,~,,,,; ~rl ~sl e ~?~} 170l 3 ~~ /` „o, /tos~p ewe yt er/yne~iol~drpesetl nomle D~'-v~1 ~p~ .i~+' L~(UJ--r x'4411 f< C;or~orrz-(?o/1 33i { N c~ r~ n ~ Street °>,,, ~ ~rrZSp i~ r1~ , h~A- 17l (D PS Form 3817, January 2001 u.s. POSTAL SERVICE CERTIFICATE OF MAILING _ MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Re eived Fmm: ~,QnG s Sclnere~ _ ~~Qrlrn ~ ~ ~ ~'U zsi- So u tvt -Styr el- _ Cap- I isl ~ Pfd 17013 Q O e piece of ordinary mail addressetl to: ~.o. Bo~C a5 ~l-rst-nwn 8an1< ~ i .1 .~i p 1 a5 ' C~ ~1 ~' .~ .. , ,' ~, `~ ;. '-r: m i ~.. ~,4,° ~~de,., ~~ ~ m a ~ ~ DW S y n g •-r 9, qy OOV~+jr wi./ -Zi~.WT00 Q c y ~ N ~ D ~ D G7 m PS Form 3817, January 2001 u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAV aE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT ~-- ~` PROVIDE FOR INSURANCE-POSTMASTER _ ~" v~ Received From: `1~`'~;, e O ~ ~'t~rien BCLr~G s Sc.yte~~ ~ c~ est Souk Strec ~ °~.~ m;, Cal-l ~sl ~. P~ 17c i 3 ~ a~:;' One piece of ordinary mail/~atltl~ressetl l/o/: ~~/~//~~ /~ A ,r~~o~~j~ _'/,n n C -. Ll~/ 1~( /'W~ W ( ~nlt_ ~/V_(/ V, Wo OoJpDN (~(.(,lM,bZa'i ~4,r10 l.-l)~.Ln C~(1llrC~(.(~~ m~~ ~~wm~r°i~ One, C o i,~-,-(-1~ o usz q +-~a r~ _ wo ~' a m C~1 isiz, PA- -7oi3 PS Form 3817, January 2001 LI.S. POSTAL SERVICE MAILING etl Frqm ~~~, f~aric s Sci~e U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Receivetl Fmm: d'l~nen, ~ccn~ s Sci~e~r ,..--w I e Souf~ -Stree~;.~` Ca-ri ~s1~, FA 17o i 3 ~~~ ~~ ~' One piece of ortlinary mail atltlressetl to: ~ W acf ~ b f-r-uK~ ~- Jlla G~eRsnnna Road i\I ~w v~l 1e Pfd I ~a~ll 8~ o~ ° m 0 .'? D~ ^~ o °~ " J ~e ~'~ \ ,~'Y^4 , .r. 'r .~~ 9 l~~ ~a c ~~.;3W,~~. N a ~~ za ~"oo ~~ -iN wm y a D m s PS Form 3817, January 2001 ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-342 CNIL TERM CUMBERLAND HOLDINGS, L.P, CIViL ACTION-LAW EDWARD L. STUM, II and LISA M. STUM, Defendants Notice Under Rule 2958.2 of Judgment and Execution Thereon Notice of Defendant's Rights To: Edwazd L. Stum, II 1315 County Line Road York Springs, Pennsylvania 17372 A judgment in the amount of $228,315.70 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real estate property owned by you to pay the judgment. The sheriff's sale has been scheduled for June 8, 2005. You may have legal rights to defeat the judgment or to prevent or delay sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE NDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE NDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGF[TS. 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 HIl2E A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 Daviid A. Baric, Esquire Attorney for Plaintiff 19 Pest South Street Carlisle, Pennsylvania 17013 (717)249-6873 . Y~ ~ r l 1. ~.. ~ 1 ~.. I '~ i i~..... ~.. ~`. .. 1., ~.[ ORRSTOWN BANK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND CCIUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, R and LISA M. STUM, Defendants N0.2005-342 CNII. TERM CIVIL ACTION-LA'W Notice Under Rule 2958.2 of Judgment and Execution Thereon Notice of Defendant's Rights To: Lisa M. Stum 1315 County Line Road York Springs, Pennsylvania 17372 A judgment in the amount of $228,315.70 has been entered a€;ainst you and in favor of the plaintiff without any prior notice or hearing based on a confession ofjjudgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real estate property owned by you to pay the judgment. The sheriffs sale has been scheduled for June 8, 2005. You may have legal rights to defeat the judgment or to prevent or delay sheriff's sale. L YOU MUST FILE A PETITION SEEKING RELIEF FROM THE NDGMENT OR DELAY OF THE SHI:RiFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE NDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER'['ITE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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 t)FFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA'C MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Baz Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 =,', ~., ' , ' ;~ <_~ ; j. ' ;~ <.., _.. ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2005-342 CIVIL TERM CUMBERLAND HOLDINGS, L.P., CIVIL ACTION-LAW EDWARD L. STUM, II and LISA M. STUM, Defendants Notice Under Rule 2958.2 of Judemeut and Execution Thereon Notice of Defendant's Rights To: Cumberland Holdings, L.P. 1315 County Line Road York Springs, Pennsylvania 17372 A judgment in the amount of $228,315.70 has been entered al;ainst you and in favor of the plaintiff without any prior notice or heazing based on a confession ofjudgment contained in a written agreement or other paper allegedly signed by you. The court has issw~d a writ of execution which directs the sheriff to lery upon and sell certain real estate property owned by you to pay the judgment. The sheriff's sale has been scheduled for June 8, 2005. You may have legal rights to defeat the judgment or to prevent or delay sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER'I'I-IE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ,AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 ~. . ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. S"CUM, Defendants. AND NOW, this day oI' ORDERED to reassess the damages in this case as follows: Principal Balance Interest to June 8, 2005 Per Diem $41.46 Late Charges Legal Fees Costs of Suit Sheriff's Sale Costs Insurance IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW ORDER BY THE COURT, 2005, the Prothonotary is 222,795.37 10,490.56 429.30 4,372.50 47.76 1,500.00 7,260.00 TOTAL: 246,895.49 J. ORRSTOWN BANK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. NO.2005-342 CIVIL TERM CIVIL ACTION-LAW PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES NOW, comes Orrstown Bank, by and through its attorneys, O'BRIEN, BARK & SCHERER, and files the within Petition for Reassessment of Damages and, in support thereof, sets forth the following: A judgment by confession was filed on January 19, 2005 in accordance with a Complaint In Confession Of Judgment filed by Plaintiff. 2. Additional sums have been incurred or expended on behalf of the Defendants since the complaint was filed and Defendants have been given credit for any payments that have been made since the entry of judgment, if any. Appended to the Complaint are Commercial Guaranty Agreements executed by Defendants, Edward L. Stum, II and Lisa M. Stum. 3. Appended to the Complaint is a mortgage given by Plaintiff, Cumberland Holdings, Ltd. to Defendants. r 4. The amount of damages should now read as follows: Principal Balance 222,795.37 Interest to June 8, 2005 10,490.56 Per Diem $41.46 Late Charges 429.30 Legal Fees 4,372.50 Costs of Suit 47.76 Sheriffls Sale Costs 1,500.00 Insurance 7.260.00 TOTAL: 246,895.49 5. Under the terms of the mortgage, which is recorded in the Office of the Recorder of Deeds at Record Book 1863, Page 1671, et. seq., all of which pages are incorporated herein by reference and the Commercial Guaranty Agreements filed of record, Plaintiff is entitled to judgment in the amount as set forth in pazagraph four herein against the Defendants. WHEREFORE, Plaintiff respectfully requests this Court issue an Order to the Prothonotary to reassess the damages <is set forth above. Respectfully submitted, O' EN, BARI S H David A. Bazic, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 dab.d it/orrstownban Wcumberlandholdings/reassessmentotdamges.pet ,,, CERTIFICATE OF SERVICE I hereby certify that on March ~, 2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Plaintiff's Petition For Reassessment Of Damages, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Edward L. Stum, II Lisa M. Stum 1315 County Line Road York Springs, Pennsylvania 17372 Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Permsylvania 17241 ~~, // r%i~~w ~ ~C~/„_ David A. Baric, Esquire _, ^} i:, ~ r~ ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2005-342 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue a Writ of Execution in the above matter. Amount due: $222,795.37 Interest to 02/04/05 $ 5,348.61 (per diem of $41.46) Late Fee $ 171.72 Total $228,315.70 'BRIEN, BARK & SCHER BY: David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff ;'~ . , _, ; - , .. r: ~, ,,, CERTIFICATE OF SERVICE I hereby certify that on February 4, 2005, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Edward L. Stum, II Cumberland Holdings, L.P. Lisa M. Stum 1120 Greenspring Road 131 S County Line Road Newville, Pennsylvania 17241 York Springs, Pennsylvania 17372 / d David A. Bario, Esquire ~.---~. ~, iCJI ,.. ~., ~~' ~ '? LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being 295 feet Southwest of a common corner of land of former Grantors and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction, 280 feet to an iron pin; thence by other lands of former Grantors herein, in a westerly direction 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to a point in the center of the aforesaid public road; thence by the center of aforesaid public road'in a northeasterly direction, 140 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot right-of--way and the southwestern comer of other property of the former Grantees; thence along the former Grantees property, South 62 degrees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5; thence by Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an iron pin and other land of the former Grantor herein; thence by other land of the former Grantor herein, South 88 degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterly edge of an existing 20 foot right-of--way; thence along the 20 foot right-of--way, North 31 degrees 20 minutes East, 269.39 feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepazed by Wilbur H. Clifton, R.S., made June 11, 1979. The above-described tract is subject to building line as set forth in said plan. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING the same premises which Cumberland Holdings, LTD, a Pennsylvania limited liability company, by Deed dated Apri126, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partnership, Grantor herein. !~ ;~~ ~v ~- ~~, _. ~~ ~ ~ ~` ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND) NO OS-342 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff(s) From EDWARD L. STUM, II AND LISA M. STUM, 1315 COUNTY LINE ROAD, YORK SPRINGS PA 17372 and CUIDfBERLAND HOLDINGS, L.P., 1120 GREENSPRING ROAD, NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1120 GREENSPRING ROAD, NEWVILLE PA 17241 (SEE LEGAL DESCRIPTOIN) . (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 gamishee(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 $222,795.37 Interest TO 2/4/05 @ $41.46 per diem = $5,348.61 Atty's Comm Atty Paid $37.00 PlaintiffPaid Date: FEBRUARY 4, 2005 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothongtary By: De(aGty i' '~~ Name DAVID A. BARIC, ESQ. Address: 19 W. SOUTH ST. CARLISLE PA 1703 Attorney for: PLAINTIFF Telephone: (717) 249-6873 Supreme Court ID No. 44853 ORRSTOWN BANK, Plaintiff v. CUMBERLAND HOLDINGS, L.P. EDWARD L. STUM, II and LISA M. STUM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF ADDRESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is counsel to the Plaintiff herein, and as such states the following: 1. The Defendants, Edward L. Stum, II and Lisa M. Stum, are not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendants, Edward L. Stum, II and Lisa M. Stum, are more than 21 years of age and have a current address of 1315 County Line Road, York Springs, Pennsylvania 17372. The address of Cumberland Holdings, L.P. is 1120 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 3. He has ascertained the above informa " personal i stigatio d makes this Affidavit with due authority. David A. Baric, Esquire Sworn to and subscribed before me this 4th day of February, 2005. C~.~-~-~ ~ ~.sc~.~U Notary COMMONWEALTH Oh PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County My Commission $xpires Apr. (7, 2006 Member, Pennsylvania scsxie!inn of Notzries dab.dir/o rrstown bank/cumberlandholdings/nonmilita ry.aff __o ; !_~ ~. ~ q t S ORRSTOWN BANK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P, EDWARD L. STUM, II and LISA M. STUM, Defendants. N0.2005-342 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT PURSUANT TO RULE 3129 1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. Name and address of owners or reputed owners: Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 Name and address of defendants in the judgment: Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 Edward L. Stum, II 1315 County Line Road York Springs, York County, Pennsylvania 17372 Lisa M. Stem 1315 County Line Road York Springs, York County, Pennsylvania 17372 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank North Newton Township Cumberland County Tax Claim Bureau Capital Region Economic Development Corp. 4 77 East King Street Shippensburg, Pennsylvania 17257 433 Oakville Road Shippensburg, Pennsylvania 17257 Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 3211 North Front Street Harrisburg, Pennsylvania 17110 Name and address of the last recorded holder of every mortgage of record: Orrstown Bank Wade D. Fraker Capital Region Economic Development Corp. 5 77 East King Street Shippensburg, Pennsylvania 17257 1112 Greenspring Road Newville, Pennsylvania 17241 3211 North Front Street Harrisburg, Pennsylvania 17110 Name and address of every other person who has any record lien on the property: Orrstown Bank Wade D. Fraker Capital Region Economic Development Corp. Cumberland County Tax Claim Bureau 77 East King Street Shippensburg, Pennsylvania 17257 1112 Greenspring Road Newville, Pennsylvania 17241 3211 North Front Street Harrisburg, Pennsylvania 17110 Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 6, Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: n/a 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. February 4, 2005 Date David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstown bents/cumberlandholdings/3129-1.aft EXHIBIT "A" TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being 295 feet Southwest of a common corner of land of former Grantors and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction, 280 feet to an iron pin; thence by other lands of former Grantors herein, in a westerly direction 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to a point in the center of the aforesaid public road; thence by the center of aforesaid public road in a northeasterly direction, 140 feet to the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot right-of-way and the southwestern corner of other property of the former Grantees; thence along the former Grantees property, South 62 degrees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5; thence by Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an iron pin and other land of the former Grantor herein; thence by other land of the former Grantor herein, South 88 degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterly edge of an existing 20 foot right-of--way; thence along the 20 foot right- of-way, North 31 degrees 20 minutes East, 269.39 feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, R.S., made Tune 11, 1979. The above-described tract is subject to building line as set forth in said plan. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore- described tract of land, recorded or unrecorded. BEING the same premises which Cumberland Holdings, LTD, a Penmsylvania limited liability company, by Deed dated Apri126, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partnership, Grantor herein. .. _ r_ i _, ~ _i., i . ~~ C ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which is the subject of this action and Notice of Sale is located at 1120 Greenspring Road, Newville, Pennsylvania 17241 and described as follows: TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being 295 feet Southwest of a common corner of land of former Grantors and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction, 280 feet to an iron pin; thence by other lands of former Grantors herein, in a westerly direction 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to a point in the center of the aforesaid public road; thence by the center of aforesaid public road in a northeasterly direction, 140 feet to the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot right-of--way and the southwestern corner of other property of the former Grantees; thence along the former Grantees property, South 62 degrees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5; thence by Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an iron pin and other land of the former ... Grantor herein; thence by other land of the former Grantor herein, South 88 degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterly edge of an existing 20 foot right-of--way; thence along the 20 foot right-of--way, North 31 degrees 20 minutes East, 269.39 feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, R.S., made June 11, 1979. The above-described tract is subject to building line as set forth in said plan. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING the same premises which Cumberland Holdings, LTD, a Pennsylvania limited liability company, by Deed dated Apri126, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partnership, Grantor herein. 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is June S, 2005 at 10:00 a.m., in Carlisle, Pennsylvania. 4) The sale is being held on Judgment entered in Orrstown Bank v. Cumberland Holdi~s L.P Edward L Stum II and Lisa M. Stum, docketed to 2005-342 in the Court of Common Pleas of Cumberland County. 5) The names of the owner or reputed owner is Cumberland Holdings, L.P. NOTICE OF SCHEDULING OF DISTRIBUTION 6) A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, O'BRIEN, BARK & SCHE~RE,R ~~,. f' ~7i i,~ ~~,- f BY: ~~~'~"~~- ~ti David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, PA 17013 (717)249-6873 r' (iz; DATE: '~ dab. dir/orrstownban k/cum berla n d h o Id ingslsa 1e2. ntc r-' i ~. _~ r, c'.;% ~ •~ ORRSTOWN BANK, Plaintiff, V CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. IN THE COURT OF COMMON CUMBERLAND COUNTY, PE] NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW RULE AND NOW, this ~ day of t~ y, ~ ~ ~ , 2005, a Rule is e Cumberland Holdings, L.P., Edward L. Stum, II and Lisa M. Stum to show cause attached Order For Reassessment Of Damages should not be entered. RULE RETURNABLE ~_ days from service. BY THE COURT, . ~~ v~ L y ~ ~ .. i,~a,U 0~ BAR 1 `~ Jp(}F ~' %Y OF V ANIA .upon he ~~ pp ~~~r.~n ~,tsr~r iii OS ~illdq ZZNb~S00Z n~'d!.vf:~~Hl(7~dd 3i-!s dt) 'rJ-Cl3`Ii-1 AMENDED NOTICE TO LIEN HOLDERS ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P, EDWARD L. STUM, II and LISA M. STUM, Defendants. IlV THE COURT OF COMMC`N PLE CUMBERLAND COUNTY, PENNS N0.2005-342 CIVIL TERM CIVIL ACTION-LAW NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more liens against the real estate of Cumberland Holdings, L.P. Orrstown Bank North Newton Township Cumberland County Tax Claim Bureau Wade D. Fraker Capital Region Economic Development Corporation 77 East King Street Shippensburg, Pennsylvania 1 433 Oakville Road Shippensburg, Pennsylvania 1 Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 1 013 1112 Greenspring Road Newville, Pennsylvania 7241 3211 North Front Street Harrisburg, Pennsylvania 17110 You are hereby notified that on June 8, 2005, at 10:00 A.M., prevailin a Writ of Execution issued out of the Court of Common Pleas of Cumberland Pennsylvania, on the judgment of Orrstown Bank, No. 2005-342, the Sheriff c County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One C Cazlisle, Pennsylvania, real estate of Cumberland Holdings, L.P., known and Greenspring Road, Newville, Cumberland County, Pennsylvania, with a parce 0597-019. A description of said real estate is hereto attached. OF VANIA or tax time, b virtue of 'ounty, Cumbe land urthous Square, unbered 1120 number 30-08- You are further notified that a Schedule of Distribution of Proposed istributi n will be filed by the Sheriff of Cumberland County on a date specified by the Sherif~ot later han thirty (30) days after sale and distribution will be made in accordance with the Sc edule unl ss exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real esta ! ill be the sale and that you have an opportunity to pr t your interest if any, eing nc Sheriffs Sale. j~ DATE: March 30, 2005 if ~~ David A. Baric, Esqui_ I.D. # 44853 O'Brien, Baric & Sche 19 West South Street Carlisle, Pennsylvania (717) 249-6873 Attorney for Plaintiff 7013 ted by of said dab.dir/orrstown bank/cum berlandholdings/amended3129sale.ntc LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, Cc Cumberland and State of Pennsylvania, bounded and described as follows, tp wit: BEGINNING at a point in the center of a public road leading from Newville #641), said point being 295 feet Southwest of a common corner of land of fc land now or formerly of Goldie Hockenberry; thence by a line extending in 280 feet to an iron pin; thence by other lands of former Grantors herein, in a 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to of the aforesaid public road; thence by the center of aforesaid public road in direction, 140 feet to the place of BEGINNING. TRACT N0.2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot right-of--way anc corner of other property of the former Grantees; thence along the former Gra South 62 degrees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an i land of the former Grantor herein; thence by other land of the former Granto degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterl 20 foot right-of-way; thence along the 20 foot right-of-way, North 31 degree 269.39 feet to an iron pin, the place of BEGINNING. to point in of rg (Route hors and direction, irection he center amberlar~d County, the Bout western tees pro erty, ~ot No. 5 thence by on pin a d other herein, S uth 88 edge of existing 20 minu es East, BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, It.S., 1979. I The above-described tract is subject to building line as set forth in said plan. SUBJECT, HOWEVER, to such easements, restrictions and conditions that afore-described tract of land, recorded or unrecorded. BEING the same premises which Cumberland Holdings, LTD, a Pennsylvani limited company, by Deed dated April 26, 2004 and recorded in the Office of the Rec rder of 1 and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, gr ted and unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partn rship, G; herein. I June 11, the in ~I , ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. IN THE COURT OF COMMO CUMBERLAND COUNTY, P! NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT OF SERVICE OF NOTICE PURSUANT TO PA,RC,P. 3129 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Pa.RC.P. 3129 was mailed to the following parties via certificate of mailing United States Postal Service Certificate of Mailing Receipts attached hereto. BY: Respectfully submitted, O'BRIEN, BARK & i ~~ -'~ David A. Baric, ~squ: LD. # 44853 19 West South S~reet Carlisle, PA 17013 (717)249-6873 !, Attorney for Plaintiff of VANIA To on the dab.dir/orrstownban Wcumberlandholdings/mailing2.cer i U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From'. o' ~~' ~~V1 ~ PjariU~Y SC~l~el'Y.1~ la UJ~st SQUkh 5trti~t ~t'lislti~ ~r1 1"1t~13 .~ One p(ece oPortllaary mail atldressed b'. ~ - < ,. ~ _ n .. ~ :, i. ~~ PS Form 3817, January 2001 U O N; '<°. f y mM ~~•.~, ~~71 ~, 1 1~~ ~,~ ~ v r U.S. POSTAL SERVICE ChNI1YIGA,e llr mialurvo IAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ROVIDE FOR INSURANCE-POSTMASTER Received From. 0' Brims @7orirJ d- soherr~+' 9 1SJti"~'t Sou~'1+1 ~~~ nrlisl~ PW 1'!013 to One piece o5 ordinary mail addraesed to: fr ,~(( Nz, n{nVLL, h`41.1ilwln~lrv~i}T1~i411 (I ~d r y11 f~M1SbUr ~ ~ l1~FJ~ d PS Form 3877, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER o ° o Receivetl From: (]'~P14,4'1 'Qi(RYtfJ"~'SG~r~YXYX ~ ~~h'~~ oukl~ lq t~1~t S ~~ . _. '- ~ ~ p n ~~.5 ~~ PR ~~V~~ a' pp ( 9 1~ t1~ L w One piece of ordinary mail atldressetl to: CUI^ISUtiY Q11d Ci0UY1 TAX C~p1V^(1 ~,arGl'kr1?i f „wllofrlnn~ P ou Cour+hQUS~ ;~ SquTar~ our~ ~as~ . pry C o y'1y~ 1 r, r l SL 1~r ~{`~I~ pS Form 381 /, January zuu i ~ ~Ic DL D N Sow~in~ro ~~ wm~a ° I~ UI ~ i9 ~. Im i n~ n I ~~,~,~ ~y r},,.., \\j~~ g i a x~+ ~ _~ w ~ ~J%+D ^•? •WlrT~N 0 ~~a P m U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Recelvetl~~Fr""om_ o' L~r 14X1 ~ ~IV I U `~' SGVIYX`~A" I~ ~E~~ .Sbu~'Vl S11 `GL1 ~ortrsl>:. ~ P-~ r~013 ' One piece of ordinary mail addressetl lo'. ^f/P=( ~a~ ~. PYnKfX 111'01 Gre~nsPrinot Ra-c# s12UlUll~~ Pw i'ta'1-t PS Form 3617, January 2001 U.s. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ~'I~r'rfXr , ~orlc,~5ckwx~x , ~`~ ll.)`cSt ~b~'tti'r `Jti'EYJr vlistti P-~ t"1013 Once p"iece of ordinary mail adtlressed te: ~,u }Q~ Q~ lbYl ~Gi,bROYrirU ~U_~_r'C,~tF'O ~l or'~ptarttb . s3all (~ar~-i~r Fron+S(r~~l' ~larrlsbur~ , P~ i'lilb Ps Form 3817, Jane~ar~ 2001 ~ $lo 0 ~`~~j ~~, ~+.', o° n c D _~mrn €T~~N~~ -~ wm JOrn _ ~ ~, m ~, ~,~;-• ,~ a m a n c D T D JJ N -r ~• WoND~ . .-r'00 -win In N V S a m _, ~ ~ ~ f 't t _i ..~ 1 ORRSTOWN BANK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW MOTION TO MAKE RULE ABSOLUTE NOW, comes David A. Baric, Esquire, Attorney for Plaintiff, Orrstown Bank, and files the within Motion to Make Rule Absolute and, in support thereof, set forth the following: On March 16, 2005, David A. Baric, Esquire filed Plaintiff s Petition For Reassessment Of Damages in the above matter. A true and correct copy of the Petition is attached hereto as Exhibit "A" and is incorporated. 2. The Honorable J. Wesley Oler, Jr., issued a rule to show cause why the Petition should not be granted dated March 21, 2005. The rule was returnable twenty (20) days from service. The Prothonotary mailed a copy of the Rule to defendants on March 24, 2005. A true and correct copy of the rule is attached hereto as Exhibit "B" and is incorporated. 3. To the date hereof, no response has been filed by the Defendants to the rule to show cause. WHEREFORE, David A. Baric, Esquire request that the Rule be made absolute and this Court enter the Order For Reassessment Of Damages in this matter. Respectfully submitted, BRIEN, BAR~C & 5CHF ER ~,~~ f r David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownban Wcu m berlandhold ings/absolute. mot ORRSTOWN BANK, Plaintiff, v. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. AND NOW, this day of 2005, a Rule is entered upon Cumberland Holdings, L.P., Edward L. Stum, II and Lisa M. Stum to show cause why the attached Order For Reassessment Of Damages should not be entered. RULE RETURNABLE days from service. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW RULE BY THE COURT, EXHIBIT "A" J. ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. AND NOW, this day of ORDERED to reassess the damages in this case as follows: Principal Balance Interest to June 8, 2005 Per Diem $41.46 Late Charges Legal Fees Costs of Suit Sheriff's Sale Costs Insurance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW ORDER BY THE COURT, 2005, the Prothonotary is 222,795.37 10,490.56 429.30 4,372.50 47.76 1,500.00 7,260.00 TOTAL: 246,895.49 J. ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI7& ~;', -a ~<~~ _ NO. 2005-342 CIVIL TERM ~ ''~-i ,~. CIVIL ACTION-LAW `~ '' '~ t,., ` _~ r- ,~, _ - PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES NOW, comes Orrstown Bank, by and through its attorneys, O'BRIEN, BARK & SCHERER, and files the within Petition for Reassessment of Damages and, in support thereof, sets forth the following: 1. A judgment by confession was filed on January 19, 2005 in accordance with a Complaint In Confession Of Judgment filed by Plaintiff. 2. Additional sums have been incurred or expended on behalf of the Defendants since the complaint was filed and Defendants have been given credit for any payments that have been made since the entry of judgment, if any. Appended to the Complaint are Commercial Guaranty Agreements executed by Defendants, Edward L. Stum, II and Lisa M. Stum. 3. Appended to the Complaint is a mortgage given by Plaintiff, Cumberland Holdings, Ltd. to Defendants. 4. The amount of damages should now read as follows: Principal Balance 222,79>.37 Interest to June 8, 2005 10,490.56 Per Diem $41.46 Late Charges 429.30 Legal Fees 4,372.50 Costs of Suit 47.76 Sheriffs Sale Costs 1,500.00 Insurance 7.260.00 TOTAL: 246,895.49 5. Under the terms of the mortgage, which is recorded in the Office of the Recorder of Deeds at Record Book 1863, Page 1671, et. seq., all of which pages are incorporated herein by reference and the Commercial Guazanty Agreements filed of record, Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendants. WHEREFORE, Plaintiff respectfully requests this Court issue an Order to the Prothonotary to reassess the damages as set forth above. Respectfully submitted, O' EN, BARI S H David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.d i r/orrstown ban Wcumberlandholdings/reassessmentofdamges. pet CERTIFICATE OF SERVICE I hereby certify that on Mazch ~, 2005, I, David A. Baiic, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Plaintiff's Petition For Reassessment Of Damages, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Edward L. Stum, II Lisa M. Stum 1315 County Line Road York Springs, Pennsylvania 17372 Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 David A. Baric, Esquire l~~lk :~ ~ 'C~05~ ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-342 CIVIL TERM CUMBERLAND HOLDINGS, L.P., : CIVIL ACTION-LAW EDWARD L. STUM, II and LISA M. STUM, Defendants. RULE AND NOW, this I J ~ day of ~ 1 ~ , 2005, a Rule is entered upon Cumberland Holdings, L.P., Edward L. Stum, II and Lisa M. Stum to show cause why the attached Order For Reassessment Of Damages should not be entered. n RULE RETURNABLE ~-~ days from service. BY THE COURT, S ( ~~ J. TR~~~ ~~P~Y F9t~"~ri In Testimony wherof, I ., and a seal`o~ said our*. atf{'_ EXHIBIT "B" ea ;- ^,"~ ~. ~,,. r, ~r~ hand ri;sio, Pa. 3-a -o~ CERTIFICATE OF SERVICE r I hereby certify that on April 3 ~ , 2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Edward L. Stum, II Lisa M. Stum 1315 County Line Road York Springs, Pennsylvania 17372 Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 !' ,~~ ,/~~'rG ~~ / , ~~~ David A. Baric, Esquire RECEIVED APR 222005 ~ ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW ORDER AND NOW, this , 4 day of L ~ : , 2005, upon consideration of the Motion to Make Rule Absolute the Order For Reassessment Of Damages is hereby made an Order of Court in the above-captioned matter and damages are hereby reassessed as follows in accordance with the Petition previously filed: Principal Balance Interest to June 8, 2005 Per Diem $41.46 Late Charges Legal Fees Costs of Suit Sheriff s Sale Costs Insurance 222,795.37 10,490.56 429.30 4,372.50 47.76 1,500.00 7.260.00 TOTAL: 246,895.49 l ~~ oa.~' BY THE COURT, ~;, r ~ L 7 Z~ .~ y / " ~: lyy ` ^ e )' ~t'" ~- (7~~ !`lam C3 U G/ 4`,7 U- y '" ;: F ~n ~ ~~ ~..} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, 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 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 4th day of Feb, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, OS Number 342, at the suit of Orrstown Bank against Edward L Stum II & Lisa M is duly recorded in Sheriff s Deed Book No. 269, Page 3915. IN TESTIMONY WHEREOF, I~hyave hereunto set my hand and sga] of said office this / ~ day of A.D.~ of Deeds rsecroraer or as, Cumoenera county, Carlisle, PA My Commissi n Expires the Pint Montlay of Jan, 200 Orrstown Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Cumberland Holdings, L.P., Edward Writ No. 2005-342 Civil Term L. Stum, II and Lisa M. Stum R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Cumberland Holdings, L.P., Edward L. Stum, II and Lisa M. Stum, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale, and Description, according to law. Adams County Return: Served the within Real Estate Writ, Notice of Sale and Description upon Cumberland Holdings, L.P., Edward L. Stum, II and Lisa M. Stum on Mazch O1, 2005 at 12:15 o'clock P.M., by handing to Edward L. Stum, II, personally at 1315 County Line Road, York Springs, PA 17372. So answers: Raymond Newman, Sheriff of Adams County, Pennsylvania. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2005 at 3:05 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cumberland Holdings, L.P., Edwazd L. Stum, II and Lisa M. Stum located at 1120 Greenspring Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Cumberland Holdings, L.P., Edward L. Stum, II and Lisa M. Stum, by regular mail to their last known address of 1315 County Line Road, York Springs, PA 17372. These letters were mailed under the date of April 18, 2005 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David Baric for Orrstown Bank. It being the highest bid and best price received for the same, Orrstown Bank of 77 East King Street, Shippensburg, PA 17257, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $1,187.79. Sheriffs Costs Docketing $30.00 Poundage 23.29 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.84 Certified Mail 9.12 Levy 30.00 Surcharge 50.00 Out of County 9.00 Adams County 74.88 Postage 1.11 Law Journal 409.55 Patriot News 356.53 Share of Bills 16.47 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,187.79 Sworn and subscribed to before me This I~ ~ day of L~ U _~ R. Thomas Kline, Sheriff 2005, A.D. ~ a '"~ r honotary BY ~ ,ID ~~J~_~ Real Estate eputy ~~ 3n ~s \~ cl2 S U 3 Sv ,2.t. ~4G~v8 S~~iw~C ~~ ORRSTOWN BANK, Plaintiff, V. CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-342 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Bazic, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. Name and address of owners or reputed owners: Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 2. Name and address of defendants in the judgment: Cumberland Holdings, L.P. 1120 Greenspring Road Newville, Pennsylvania 17241 Edwazd L. Stum, II 1315 County Line Road York Springs, York County, Pennsylvania 17372 Lisa M. Stum 1315 County Line Road York Springs, York County, Pennsylvania 17372 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank North Newton Township Cumberland County Tax Claim Bureau Capital Region Economic Development Corp. 4. 77 East King Street Shippensburg, Pennsylvania 17257 433 Oakville Road Shippensburg, Pennsylvania 17257 Cumberland County Courthouse One Courthouse Square Cazlisle, Pennsylvania 17013 3211 North Front Street Harrisburg, Pennsylvania 17110 Name and address of the last recorded holder of every mortgage of record: Orrstown Bank Wade D, Fraker Capital Region Economic Development Corp. 5 77 East King Street Shippensburg, Permsylvania 17257 1112 Greenspring Road Newville, Pennsylvania 17241 3211 North Front Street Harrisburg, Pennsylvania 17110 Name and address of every other person who has any record lien on the property: Orrstown Bank Wade D. Fraker Capital Region Economic Development Corp. Cumberland County Tax Claim Bureau 77 East King Street Shippensburg, Pennsylvania 17257 1 112 Greenspring Road Newvil]e, Pennsylvania 17241 3211 North Front Street Harrisburg, Pennsylvania ]7110 Cumberland County Courthouse One Courthouse Squaze Carlisle, Pennsylvania 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: nfa 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsiftcations to authorities. F b 4 2005 e ruary Date David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstownban Wcumberlandholdings/3129-t.aft EXHIBIT "A" TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being 245 feet Southwest of a common corner of land of former Grantors and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction, 280 feet to an iron pin; thence by other lands of former Grantors herein, in a westerly direction 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to a point in the center of the aforesaid public road; thence by the center of aforesaid public road in a northeasterly direction, 140 feet to the place of BEGINNING. ' TRACT NO. 2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot right-of--way and the southwestern corner of other property of the former Grantees; thence along the former Grantees property, South 62 degrees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5; thence by Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an iron pin and other land of the former Grantor herein; thence by other land of the former Grantor herein, South 88 degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterly edge of an existing 20 foot right-of--way; thence along the 20 foot right- of-way, North 31 degrees 20 minutes East, 269.39 feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, R.S., made June 11, 1979. The above-described tract is subject to building line as set forth in said plan. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore- described tract of ]and, recorded or unrecorded. BEING the same premises which Cumberland Holdings, LTD, a Pennsylvania limited liability company, by Deed dated Apri126, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania Limited partnership, Grantor herein. ORRSTOWN BANK, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND HOLDINGS, L.P., EDWARD L. STUM, II and LISA M. STUM, Defendants. NO.2005-342 CIVIL TERM CIVIL ACTION-LAW NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 I) The premises which is the subject of this action and Notice of Sale is located at 1120 Greenspring Road, Newville, Pennsylvania 17241 and described as follows: TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being 295 feet Southwest of a common corner of land of former Grantors and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction, 280 feet to an iron pin; thence by other (ands of former Grantors herein, in a westerly direction 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to a point in the center of the aforesaid public road; thence by the center of aforesaid public road in a northeasterly direction, 140 feet to the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot right-of--way and the southwestern corner of other property of the former Grantees; thence along the former Grantees property, South 62 degrees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5; thence by Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an iron pin and other land of the former Grantor herein; thence by other land of the former Grantor herein, South 88 degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterly edge of an existing 20 foot right-of--way; thence along the 20 foot right-of--way, North 31 degrees 20 minutes East, 269.39 feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, R.S., made June 11, 1979. The above-described tract is subject to building line as set forth in said plan. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING the same premises which Cumberland Holdings, LTD, a Pennsylvania limited liability company, by Deed dated Apri126, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partnership, Grantor herein. 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriff s Sale is June 8, 2005 at 10:00 a.m., in Carlisle, Pennsylvania. 4) The sale is being held on Judgment entered in Orrstown Bank v. Cumberland Holdings L P Edwazd L. Stum, II and Lisa M. Stum, docketed to 2005-342 in the Court of Common Pleas of Cumberland County. 5) The names of the owner or reputed owner is Cumberland Holdings, L.P. NOTICE OF SCHEDULING OF DISTRIBUTION 6) A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriffnot later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafrer. Respectfully submitted, O'BRIEN, BARIC & SCHE ~'' BY: ~ David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: ~ ~ G dab.dir/orrstownban Wcumberlandholdings/sale2.ntc LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of a public road leading from Newville to Newburg (Route #641), said point being 295 feet Southwest of a common corner of land of former Grantors and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction, 280 feet to an iron pin; thence by other lands of former Grantors herein, in a westerly direction 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to a point in the center of the aforesaid public road; thence by the center of aforesaid public road'in a northeasterly direction, 140 feet to the place of BEGINNING. TRACT NO.2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot right-of--way and the southwestern corner of other property of the former Grantees; thence along the former Grantees property, South 62 degrees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5; thence by Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an iron pin and other land of the former Grantor herein; thence by other land of the former Grantor herein, South 88 degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterly edge of an existing 20 foot right-of--way; thence along the 20 foot right-of--way, North 31 degrees 20 minutes East, 269.39 feet to an iron pin, the place of BEGINNING. BEING known as Lot No. 7 in a plan of lots prepared by Wilbur H. Clifton, R.S., made June 11, 1979. , The above-described tract is subject to building line as set forth in said plan. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING the same premises which Cumberland Holdings, LTD, a Pennsylvania limited liability company, by Deed dated Apri126, 2004 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, granted and conveyed unto Cumberland Holdings Limited Partnership, a Pennsylvania limited partnership, Grantor herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-342 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff(s) From EDWARD L. STUM, II AND LISA M. STUM, 1315 COUNTY LINE ROAD, YORK SPRINGS PA 17372 and CUMBERLAND HOLDINGS, L.P., 1120 GREENSPRING ROAD, NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1120 GREENSPRING ROAD, NEWVILLE PA 17241 (SEE LEGAL DESCRIPTOIN) . (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 $222,795.37 Interest TO 2/4/05 @ $41,46 per diem = $5,348.61 Atty's Comm Atty Paid $37.00 Plaintiff Paid Date: FEBRUARY 4, 2005 (Seal) REQUESTING PARTY: I, L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Protho tary By: Depnty l Name DAVID A. BARIC, ESQ. Address: 19 W. SOUTH ST. CARLISLE PA 1703 Attorney for: PLAINTIFF Telephone: {717) 249-6873 Supreme Court ID No. 44853 Real Estate Sale #20 On February 15, 2005 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 1120 Greenspring Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2005 By: Jo c~ ~Sr~~j Real Estate Deputy 0~ ~~ 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Hazrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Mazket Street, 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 regulaz daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and 10th day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal lmowledge 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 boazd 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 Miscel eous Book "M", Volume 14, Page 317. PUBLICATION ......................: COPY Sworn to and sub~d before rrte-tttis)25th day SALE #20 ~j ~, ~ NOTA4tY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 356.53 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. B y .................................................................... o~sc~trrpow ~xncr No. l: nu, rB,v cAxrnB4 t~ a. pomr m me~ care m a ism Newvine b Newburg a ~g 295 fee gadhwest d ]~ d fame caaomta the aaer of tle by me ceota of eaetefy auction. d gantd aWek is N Newmn 7twaship. Cum6blwd cagy, , mom ndly bamaed4aaaaibaaat fOdows: B)~PA4BiG m m ~ pm m the Peeteay. edge of - a 2D faof.n~tbf-way and the southa~euao wtnm of atha popaty of the tame (aWeee; theea alongth fauna Casmees ptopety, Squh 62 dSgtpas59 minutes 24 sewuds Ana, 14080 feet to eo vw pin and I.ot No. 5: thetrx by iat Np. S,gmh IA degrees A4 mimes 411 secoada AVeY, 165A4 [ea m m uan pin. and otka ImldWe fi~atGame haeia: thence by aPoe land of de fame (items basin. Souih g6 degree 24 atueie 45aaooda Weer; 72260 fat m as itm p®e the eeaedy edge o[meaiaiag ZO foot tigkt-0Fwsy;?Poeae dee6 me20 dba tight- of-way,Nalh 31128 minew Bast,269~9 fee m an imn pm; ~e ptia d HBGB4NB4G. BONG laown u Lol No: 7 m a plm of lab , ~~ u eubjea m ~~, may aPPb"b 4 .. lend, .raaded a We se fl0ldm~, aed -fa Cnmbaland Cgaty m Deed BoPrak~76l2vaoPihayftea.63~5~61a PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (iJnder Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 Cazlisle 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 regulaz editions and issues of the said Cumberland Law Journal on the following dates, April 15, 22, 29, 2005 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. u~ Marie Coy~k, Editor WORN TO AND SUBSCRIBED before me this 29 day of April NaYAH1Al SEAL ~ LOTS E. SNYDER, Notary Public Cediale Boro, Cumbedand Cowry My Commission Expaes March 5, 2009 REAL EBTATE SALE NO. 20 Writ No. 2005-342 Civil Orrstown Bank vs. Cumberland Holdings, L.P., Edward L. Stum, II and Lisa M. Stum Atty.: Dave Baric LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN tract of land situate in the Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the cen- ter of a public road leading from NewvlRe tc Newburg (Route #641), said point being 295 feet Southwest of a common corner of land of former Grantors and land now or formerly of Goldie Hockenberry; thence by a line extending in a southerly direction, 280 feet to an iron pin; thence by other lands of former Grantors herein, m a west- erly direction 140 feet to an iron pin; thence by same, in a northerly direction, 240 feet to a point fn the center of the aforesafd public road; thence by the center of aforesaid public road in a northeasterly di- rection, 140 feet to the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN tract of ground situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an iron pin at the easterly edge of a 20 foot righC-of- way and the southwestern corner of other property of the former Grantees; thence along the former Grantees property, South 62 de- grees 49 minutes 24 seconds East, 140.00 feet to an iron pin and Lot No. 5; thence by Lot No. 5, South 14 degrees 44 minutes 40 seconds West, 165.44 feet to an iron pin and other land of the former Grantor herein; thence by other land of the former Grantor herein, South 88 degrees 24 minutes 46 seconds West, 222.60 feet to an iron pin at the easterly edge of an existing 20 foot right-of-way; thence along the 20 foot right-of-way, North 31 de- grees 20 minutes East, 269.39 feet to an Iron pin, the place of BEGIN- NING. BEING known as Lot No. 7 in a plan of lots prepazed by Wilbur H. Clifton, R.S., made June 11, 1979. The above-described tractissub- ject to building line as set forth In said plan. SUBJECT, HOWEVER, to such easements, restrictions and condi- tions that may apply to the afore- described tract of land, recorded or unrecorded. BEING the same premises which Cumberland Holdings. LTD, aPenn- sylvania limited liability company. by Deed dated Apnl 26. 2004 and re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 3665, granted and con- veyed unto Cumberland Holdings Limited Partnership, a Pennsylva- nia limited partnership, Grantor herein. ', I ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-342 CIVIL TERM CUMBERLAND HOLDINGS, L.P., : CIVIL ACTION-LAW EDWARD L. STUM, II and LISA M. STUM, Defendants. PRAECIPE TO VACATE TO THE PROTHONOTARY: Kindly mark the judgment entered in the above matter on January 19, 2005 as vacated. Respectfully submitted, ~~~~~ Date: O N, BARK SCHERER ' ~' David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstownbank/cumberlandholdings/vacate.pra CERTIFICATE OF SERVICE I hereby certify that on the~~~day of /' ~~ , 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Vacate, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Sarah McCarroll, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, Pennsylvania 17043 i .~ f' G~~ ~ J ~ A. Baric, Esquire ~-' ~? ~.x a:'~ ;vJ -j'1 P~~ "7~ ~ ,~. ~ ~ 4 - . ~ -- ~-- .L, - c .~ -fit a -S --..