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HomeMy WebLinkAbout14-3894 Supreme CO :ennsylvania Cou DC din ' �`" "a leas For$r6tlionotary Use Only: - '�6 C �1l,v LL��t Docket No: rx 1! Cu Sherland � County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint [3 Writ of Summons [3 Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: Orrstown Bank Cindy L. Myers and Bryce A. Myers oft. Dollar Amount Requested: ❑within arbitration limits Are money damages requested? [M Yes ❑ No (check one) ❑x outside arbitration limits O N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes 0 No .-Ao Name of Plaintiff/Appellant's Attorney: David A. Baric, Esquire ❑ Check here if you have no attorney(are a Self-Represented jPro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: mass tort) �. Discrimination ❑ Slander/Libel/Defamation C ❑ Other: ❑ Employment Dispute:Other [3 Zoning Board ,I, [3 Other: ❑ Other: MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑x Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 4 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff, NO. 2014- CIVIL TERM V. CIVIL ACTION-LAW BRYCE A. MYERS and CINDY L. MYERS MORTGAGE FORECLOSURE 37 SHEPHERD ROAD NEWVILLE, PA 17241 ,r !.•� . Defendants \CD �. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 .� �Io3.7sf d a t� P4 70/� ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 Plaintiff, NO. 2014- CIVIL TERM V. CIVIL ACTION-LAW BRYCE A. MYERS and CINDY L. MYERS MORTGAGE FORECLOSURE 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown"), by and through its attorneys, BARIC SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the following: 1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendants, Bryce A. Myers and Cindy L. Myers, son and mother, are adult individuals whose last known residence address was 37 Shepherd Road,Newville, Cumberland County, Pennsylvania 17241. 3. By Deed dated September 24, 2009, Cindy L. Myers conveyed the premises described in Exhibit"A" attached hereto and made a part hereof to Bryce A. Myers and Cindy L. Myers. c 4. On or about September 24, 2009, Bryce A. Myers and Cindy L. Myers, as Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage, made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described on Exhibit"A." This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on September 30, 2009 at Cumberland County Instrument No. 200933744 et seq, all of which pages are incorporated herein by reference and made a part hereof. 5. A true and correct copy of the aforesaid Promissory Note is attached hereto and mad a part hereof as Exhibit"B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit"C". 6. Defendants have defaulted under the terms and conditions of the Mortgage and Promissory Note by failing to make payments since May, 2014 and every month thereafter. 7. Defendants are the present record owners of the premises described in Exhibit "A" and the real owners of the premises. 8. Plaintiff served Notice of Plaintiff s Intention to Foreclose on the real estate of Defendant and provided Defendants with Notice of Defendants' Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law)via certified mail and certificate of mailing on or about 9. Attached hereto and marked as Exhibit"D" are true and correct copies of the combined Act 6 and Act 91 Notice provided to Defendants. 10. Attached hereto and marked Exhibit"E" are true and correct copies of the certified mail receipts and the certificates of mailing for the combined Notice served upon Defendants. 11. Under the terms of the Mortgage and Promissory Note, if any payment of principal and interest is not made when due or any other obligations of the Promissory Note or Mortgage are not met, then the entire indebtedness owing on the Mortgage and Promissory Note obligations shall become due and payable immediately at the declaration of Mortgagee. s 12. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 13. The following amounts are presently due on the said Mortgage and Promissory Note calculated to June 23, 2014: Principal $121,007.71 Interest to 06/23/14 $ 1,402.57 (per diem of$19.45) Late Charges $ 742.02 Other Charges $ 12,155.00 Reasonable Attorney fees $ 6,050.38 fixed by Plaintiff for purposes of this Complaint (5% of principal debt) TOTAL: $141,357.68 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $141,357:68 plus interest thereafter at the contract per diem from June 23, 2014, additional late fees coming due, actual attorney fees, costs and expenses against Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's Sale of the mortgaged property in Exhibit"A." Respectfully submitted, BARIC SCHERER L David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank i VERIFICATION The statements in the foregoing Complaint are based upon information that 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 that 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.A. § 4904 relating to unsworn falsifications to authorities. -------------- r DATE. Y'(t Z Linda K. Mowen Assistant Vice President Loss Mitigation & Collections Orrstown Bank 06-17-'10 09;14 FROM-A&A Abstract srvs 717-249-0026 T-304 P0006/0029 F-771 _ L�3 III ININIIIhIINNI�IINI 001 KUW �~ PARCEL N0. 30-19-1683-051 This Deed MADE THE 24r4 day of September in the year of our Lord two thousand and nine (2009). BETWEEN CINDY L.MYERS,married woman,of Cumberland County,Pennsylvania, GRAN'T'OR herein, A N D CINDY L. MYERS, married woman, and BRYCE A MYERS, single man, of Cumberland County,Pennsylvania,GRANTEES herein. WITNESSETH,that in consideration of ONE AND XX/100(U.00)Dollar,in hand paid, the receipt whereof is hereby acknowledged:, the said grantor does hereby grant and convey to the said grantees,as joint tenants with the right of survivorship. ALL THAT CERTAIN tract or lot of land situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follow,to wit: BEGINNING at a point on the northern dedicated right-of-way line of Carlisle Avenue (T403)at the dividing line of Lot#24 and Lot#23,said point also being located 113.28 feet east of the eastern extremity of an arc connecting the northern dedicated right-of-way line of Carlisle Avenue (T-403) and the eastern dedicated right-of-way Tine of James Drive; THENCE by line of Lot#23 North 23 degrees 29 minutes 09 seconds West 100.00 feet to a point on line of Lot#22; thence by line of Lots#22 and#21 North 66 degrees 30 minutes 51 seconds East 112.03 feet to a point;thence by lands.now or formerly of Greg R. and Mary H. Shade South 24 degrees 45 minutes 00 seconds East 100.02 feet to a point; thence,by the northern dedicated right-of-way line of Carlisle Avenue (T-403) South 66 degrees 30 minutes 51 seconds West 114.23 feet to a point, the place of BEGINNING. CONTAINING 11,313 square feet. BEING Lot#24 of the Final Subdivision Plan of North Newton Mills,Phase I. RECORDED io Plan Book 66,Page 97,on August 9,1993. EXHIBIT "A" 06-17-'10 09:14 FROP9-A8:A Abstract srvs 717-249-0026 T-304 P0007/0029 F-771 - I do hereby certify that the precise residence and complete post office address of the within named grantee is 37Shepherd Road N ,PA .17241. Attorney for G NfttF 06-17-'10 09;15 FROM-A&A Abstract sr%is 717-249-0026 T-304 P0008/0029 F-771 _ BEING the same premises which Steven Wayne Myers and Cindy Lee Myers,husband and wife,by deed dated the 23"1 day of September,2009,and recorded in the office of the Recorder of Deeds for Cumberland County to Instrument No. granted and conveyed unto Cindy Lee Myers,GRANTOR herein. The within conveyance is between parent and child and, therefore, exempt from realty transfer tax. IN WITNESS WHEREOF, said grantor has hereunto set her hand and seal the day and year first above written. Signed,Sealed and Delivered in the Presence of I LIPk C-111-4 � n?yg W (SEAL) ' CIND�" Commonwealth of Pennsylvania) )SS. I County of ) On this, the JH's day of 2009, before me,the undersigned . officer,personally appeared CINDY L.MYERS, known to me(or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged i that she executed same for the purposes therein contained IN WITNESS WHEREOF,I hereunto/set my hand and official seal. � Ug. ^ su� MorARW J. Im Notary Public CMt1R�� RO".CntlERL 0 wri C;*wA on.Exai.s Aa,11,2ott 06-17-'10 09:15 FRUI-A&A Abstract srws 717-249-0026 T-304 P0009/0029 F-771 - ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY Y' 1 COURTHOUSE SQUARE a- .. R CARLISLE,PA 17013 - 717-240-6370 Instrument Number-200933743 Recorded On 9/30/2009 At 2:24:43 FM *Tota{Pages-4 *Instrument Type-DEED Invoice Number-53359 User ED-AF *Grantor-MYERS,CINDY L *Grantee-MYERS,CINDY L •Customer-GRIFFIE *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD AXCHIVES FEE $3.00 BIG SPRING SCHOOL $0.00 DISTRICT NORTH NEWTON TOWNSHIP $0.00 TOTAL PAID $48.50 I Certify this to be recorded in Cumberland County PA CC RE.CO1EtD1E1t O ri DS rrao information denoted by an asterisk may change during the verification process and may not be reflected on this Page- COMM IIIiIIIIB�IIIIIIIIIIIIIIIII PROMISSORY NOTE .......... P .............. ........ ..... .................. W. .... .... .. ..... .......... ........... Nam ................ .............. . .. ............... References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower; Cindy L.Myers Lender: ORRSTOWN BANK Bryce A.Myers STONEHEDGE OFFICE 37 Shepherd Road 77 EAST KING STREET Newville, PA 17241 P 0 BOX 250 SHIPPENSBURG,PA 17257 Principal Amount: $125,760-00 Date of Note: September 24, 2009 Maturity Date: September 29, 2039 PROMISE TO PAY. I("Borrower")jointly and severally promise to pay to ORRSTOWN BANK("Lender"),or order,in lawful money of the United States of America,the principal amount of One Hundred Twenty-five Thousand Seven Hundred Sixty&00/100 Dollars ($125.760.00),together with interest on the unpaid principal balance from September 29, 2009,until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, I will pay this loan in accordance with the following payment schedule, which calculates interest on the unpaid principal balances as described in the "INTEREST CALCULATION METHOD" paragraph using the interest rates described in this paragraph: 60 monthly consecutive principal and interest payments in the initial amount of $753.19 each, beginning October 29, 2009, with interest calculated on the unpaid principal balances using an initial interest rate of 5.990% per annum based on a year of 360 days; and 299 consecutive principal and interest payments, beginning October 29, 2014, with interest calculated on the unpaid principal balances using an interest rate based on the Index described below (currently 0.600%), plus a margin of 2.750 percentage points, the sum rounded to the nearest 0.125, subject to any restrictions on the maximum increase or decrease at one time. My final payment will be due on September 29, 2039 and will be for all principal and accrued interest not yet paid,together with any other unpaid amounts under this Note. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change;the actual final payment will be for all principal and accrued interest not yet paid,together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this-loan will be 5.990%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current Index rate upon my request. The interest rate change will not occur more often than each year. I understand that Lender may make loans based on other rates as well. The Index currently is 0.600% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein I*n the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 11.990% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000 percentage points. Unless waived by Lender, any increase in the interest rate will increase the amounts of my payments. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 30/360 basis; that is, with the exception of odd days before the first full payment cycle, monthly interest is calculated by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days before the first full month is calculated on the basis of the actual days and a 360-day year. All interest payable under this Note is computed using this method. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment(whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment or $2.50, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender EXHIBIT "B" PROMISSORY NOTE Loan No: 1060006119 (Continued) Page 2 has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if I, after Lender sends written notice to me demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. DISHONORED ITEM FEE. I will pay a fee to Lender of $20.00 if I make a payment on my loan and the check or preauthorized charge with which I pay is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I 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. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. 1 acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated September 24, 2009, to Lender on real property located in North Newton Township, Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG, PA 17257. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "1", "me", and "my" mean each and all of the persons signing below. PROMISSORY NOTE Loan No: 1060006119 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I,AND EACH OF US,AGREE TO THE TERMS OF THE NOTE. 1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: . .(ui. .�ti<a.... Seal X <>;:;'> :::>;:'•;:;.:::>:.;;::: 1 ) >z:<.,:'::`...(Seal) Cindy L. My6§ Bryce4A. Myers d' LASER PRO Lending,Ver.5.45.00.006 Cap,H,,I,nd Finenciel Salatiens,Inc.1997,2009. All Rights Reserved. PA a:%CFl1LPL1O20.FC TR-23911 PR-27 001 KUX ( " Parcel Identification Number- 30-19-1683-051 1 RECORDATION REQUESTED BY: ORRSTOWN BANK n STONEHEDGE OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG,PA 0 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 2695 PHILADELPHIA AVENUE CHAMBERSBURG,PA 17201 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $125,760.00 THIS MORTGAGE dated September 24, 2009, is made and executed between Cindy L. Myers and Bryce A. Myers, whose address is 37 Shepherd Road, Newville, PA 17241 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P O BOX 250,SHIPPENSBURG,PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases,confirms and mortgages to Lender all of Grantor's right,title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments,and appurtenances thereunto belonging or anywise made appurtenant hereafter,and the reversions and remainders with respect thereto:all water,water rights,watercourses and ditch rights(including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in North Newton Township, Cumberland County,Commonwealth of Pennsylvania: See attached The Real Property or its address is commonly known as 37 Shepherd Road, Newville, PA 17241. The Real Property parcel identification number is 30-19-1683-051. Grantor presently assigns to Lender all of Grantor's right,title,and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (e) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $125,760.00, THE RELATED DOCUMENTS.AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain in possession and control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements,and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance by any person on,under, about or from the Property; (2) Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment,disposal,release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous Substance on,under,about or from the Property;and (b) any Such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such EXHIBIT "C" and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. ' Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the right to remove,any timber,minerals(including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor'.s compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect,of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer,without Lender's prior written consent,of all or any part of the Real Property,or any interest in the Real Property. A"sale or transfer"means the conveyance of Real Property or any right, title or interest in the Real Property;whether legal,beneficial or equitable;whether voluntary or involuntary;whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due(and in all events prior to delinquency)all taxes,payroll taxes,special taxes, assessments,water charges and sewer service charges levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender,and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 0 5) days after the lien arises or, if a lien is filed, within fifteen 05)days after Grantor has notice of the filing, secure the discharge of the lien,or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced, any services are furnished,or any materials are supplied to the Property,if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten(10)days'prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act,omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,if available,within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's MORTGAGE (Continued) Page 3 security is impaired, Lender may,at Lender's election,receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage,then to pay accrued interest, and the remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances,and other claims, (B) to provide any required insurance on the Property,or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (11 the term of any applicable insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage,and (b)Grantor has the full right,power,and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,ordinances,and regulations of governmental authorities. Survival of Promises. All promises,agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage,shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Mortgage: Current Taxes.Fees and Charges. Upon request by Lender, Grantor 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 taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps,and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note;and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, o (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT:FINANCING STATEMENTS. The following orovisions relatino to this Mortgaae as a security ........ _.......... _. make it available to Lender within three 13) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code)are as stated on the first page of this Mortgage. FURTHER ASSURANCES:ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender, cause to be filed, recorded, refiled,or rerecorded,as the case may be, at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,deeds of trust,security deeds,security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. 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 Grantor 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 and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay,if permitted by applicable law,any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The death of Grantor,the insolvency of Grantor,the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will not apply. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser,surety, or accommodation party of any of the Indebtedness or any guarantor,endorser,surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default,other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve It 2) months, it may be cured if Grantor,after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen(15)days;or (2) if the cure requires more than fifteen 051 days,immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter,Lender, at Lender's option,may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law,to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. MORTGAGE (Continued) Page 5 Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds,over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership,against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law,Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (t) pay a reasonable rental for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage.or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten 00) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. It Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so,that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals,and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports], surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address,as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. ADJUSTABLE RATE RIDER. An exhibit,titled "ADJUSTABLE RATE RIDER," is attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions,terms and conditions of the Exhibit had been fully set forth in this Mortgage. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortaaoe must he in writing and must hr. signed by whoever will be bound or obligated by the change or ume93 Lenoer noes so in writing. i ne tact that Lancer aeiays or omits to exercise any right will not mean that _ Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request,that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment,demand for payment,protest,and notice of dishonor. Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced,that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore,a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor,and upon Grantor's heirs,personal representatives,successors,and assigns,and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Cindy L. Myers and Bryce A. Myers and includes all co-signers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation,and Liability Act of 1980, as amended,42 U.S.C. Section 9601,at seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901,et seq.,or other applicable state or 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 Cindy L.Myers and Bryce A.Myers. Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to Lender,including without limitation a guaranty of all or part of the Note. Hazardous Substances. The.words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used,treated,stored,disposed of,generated,manufactured, transported or otherwise handled. The words"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, 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 all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means 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. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns"mean any person or company that acquires any interest in the Note. Mortgage. The word"Mortgage"means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated September 24, 2009, in the original principal amount of $125,760.00 from Grantor to Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement. The maturity date of the Note is September 29,2039.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word"Property"means collectively the Real Property and the Personal Property. Real Property. The words"Real Property"mean the real property,interests and rights,as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE (Continued) Page 7 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X i�_- rY ' :f Y)i✓ ilSeal) Cindy L.M s X; Seal) Brycif A.Myers 40 Signed,acknowledged and delivered in the presence of: X Ka(of.n�4r /XIS wit r p Witness CERTIFICATE OF RESIDENCE 1 hereby certify,that the precise address of the mortgagee,ORRSTOWN BANK,herein is as follows: STONEHEDGE OFFICE,77 EAST KING STREET,P 0 BOX 250,SHIPPERS A 1 gent for Mortgagee-ef INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 " �� r, COUNTY OF l Ll]rill A�[X.t 11 SS On this,the day of �C 4err&k- 20�'_,before me the undersigned Nofary Public,personally appeared Cindy L.Myers and Bryce A. Myers,known to me(or satisfactorily proven)to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof,I hereunto setQv hand and official seal. NOTARIAL SEAL � 0601N.4 IIIASSEn Notary Public .. Notary Public in and for th tate of E�" WR000H,CUMBERLAND COUNIV mrillaloh.Explres Apt.17,2011 LASER PRO Lending,Ver. 5.45.00.004 Copr.Harland Financial Solutions,Inc. 1997, 2009. All Rights Reserved. - PA c:\CFI\LPL\G03.FC TR-23911 PR-27 ISeal) - Cindy L Mfefs % ,... `y {Seal) Bry%*A Myers LEER PRO--g. 5.45.00—C.,.11PIIPPC-41S.-Wn Inc.1991.1009. MRig-Pnvrvve. PA aACNLPLIGOVC TR-19911 PR-11 �9 .33:i !A:S{Ail�Y7 U05f1N ADJUSTABLE RATE RIDER This ADJUSTABLE RATE RIDER is attached to and by this reference is made a part of the Mortgage,dated September 24,2009,and executed in connection with a loan or other financial accommodations between ORRSTOWN BANK and Cindy L.Myers and Bryce A.Myers. This adjustable rate rider will secure Borrower's Adjustable Rate Note(the"Note")to ORRSTOWN BANK(the"Lender") of the same date and covering the property described in this Security Instrument and located at: THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial rate of 5.99%. The Note provides for changes in the interest rate and the monthly payments,as follows: (A)Change Dates The interest rate I will pay may change on the 29th day of September,2014,and on that day every twelve month(s) thereafter. Each date on which my interest rate could change is called a"Change Date." (B)The Index Beginning with the first Change Date,my interest rate will be based on an Index. The"Index"is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year(s),as made available by the Federal Reserve Board. The most recent index figure available as of the date 45 days before each Change Date is called the "Current Index." If the index is no longer available,the Lender will choose a new index which is based upon comparable information. The Lender will give me notice of this choice. IC)Calculation of Changes Before each Change Date,the Lender will calculate my new interest rate by adding 2.75 percentage points to the Current Index. The lender will then round the result of this calculation to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section(D)below,this rounded amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D)Limits on Interest Rate Changes The interest rate that I am required to pay at the first Change Date will not be greater than two percentage points 12.000%)over the original interest rate. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than two percentage points(2.000%)from the rate of interest 1 have been paying the preceding twelve month(s). My interest rate will never be greater than six percentage points(6.000%)over the original interest rate. (E)Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)Notice of Changes The Lender will deliver or mail me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if:(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee: and (b) Lender resonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of an covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law,Lender may charge a resonable fee as a condition to Lender's Consent of the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. INDIVIDUAL ACKNOWLEDGMENT Commonwealth of Pennsylvania } `` SS County of P4_,-, auLx a,,,z - } On ,this, the l 1''day of 20jd. before me the undersigned Notary Public• personally appearod Iw�;7 Cr„JQ_ •,PL �} Mid known to me(or satisfactorily proven)to be the person Whose ame 1 subscribed to-thei within inetrument. and acknowledged that he or she executed the same for the The land referred to in this Co-rnitment is described as follows: 'ALL THAT CERTAIN tract of iav(d situate in North Newton Township,Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right of way line of Carlisle Avenue (T-403)at the dividing line of Lot 424 and Lot#23, Said point also being located 113.28 Beet east of the eastern extremity of an arc connecting the northern dedicated right of way line of Carlisle Avenue (T-403)and the eastern dedicated right of way line of James Drive, thence by line of Lot#23 North 23 degrees 29 minutes 09 seconds West 100.00 feet to a point on line of Lot#22; thence by line of Lots#22 and#21 North 66 degrees 30 minutes 51 seconds East 112.03 feet to a point; thence by lands now or formerly of Greg R. and Mary H. Shade South 24 degrees 45 minutes 00 seconds East 100.02 feet to a point; thence by the northern dedicated right of way line of Carlisle Avenue(TA03)South 66 degrees 30 minutes 51 seconds West 114.23 feet to a point, the place of BEGINNING, ALTA Commitment Scheauie C (MYE202-OB.I'RO/MYL'202-08/�) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY '' 1 COURTHOUSE SQUARE - i CARLISLE, PA 17013 717-240-6370 f = Instrument Number-200933744 Recorded On 9/30/2009 At 2:24:44 PM *Total Pages- I1 *Instrument Type-MORTGAGE Invoice Number-53359 User ID-AF *Mortgagor-MYERS,CINDY L *Mortgagee- ORRSTOWN BANK *Customer-GRIFFIE *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $23.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 I Certify this to be recorded in Cumberland County PA cF ctr'iy �R � RECORDER O D EDS �f750 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001KUX III IIIIIIIIIII IIIII IIII II III �00 fl �' 2 0 0oa l � U 8 ®RRSTOWN � BANK A Tradition of Excellence May 3, 2010 Bryce A. Myers Return Receipt Requested Cindy L. Myers and Regular U. S. Mail 37 Shepherd Road Newville, Pa. 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT "D" P.O. Box 250 •Shippensburg, PA 17257 • 717.530.3530 • 717.532.4143 fax i LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Cindy L. Myers Bryce A. Myers PROPERTY ADDRESS: 37 Shepherd Road Newville, Pa. 17241 LOAN ACCT. NO.: 1060006119 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS 1SHE `ACTTHEYOHOMEOWNER'S ELIGIBLE EMERGENCY MORTGAGE ASSISTANCE ACT O EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) a HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 37 Shepherd Road, Newville, Pa. 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: February 28th--$ 753 19, March 28th--$ 753.19 and April 28th- - 753.19. Other charges (explain/itemize): LATE CHARGES--$ 188.30 TOTAL AMOUNT PAST DUE: 2,447.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A HOW TO CURE THE DEFAULT —You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2,447.87 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH 2695 PHILADELPHIA AVE. CHAMBERSBURG, PA. 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: P.O. Box 250, 77 East King Street Shippensburg, PA 17257 Phone Number: (717) 709-3029 Fax Number: (717) 709-3091 Contact Person: Betsy J Smith E-Mail Address: bsmith(a-)orrstown com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, g. BETSY J. SMITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. PHFA 2000 Linglestown Road 211 North Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17110 (888) 511-2227 (717) 780-3940 or 800-342-2397 Urban League of Metropolitan Harrisburg Adams County Interfaith Housing Authority North 6th Street 40 E. High Street Harrisburg, PA 17101 Gettysburg, PA 17325 (717) 234-5925 (717) 334-1518 Fax (717) 234-9459 Community Action Comm. of Capital Region CCCS of Western Pa. 1514 Derry Street Colonial Shopping Center Harrisburg, PA 17104 970 S. George Street (717) 232-9757 York, Pa. 17403 (888)-511-2227 Loveship, Inc. American Red Cross-Hanover Chapter 2320 North 5th Street 529 Carlisle Street Harrisburg, Pa. 17110 Hanover, Pa. 17331 717-232-2207 (717) 637-3768 Marantha CCCS of Northeastern Pa. 31 West 3rd Street 202 W. Hamilton Avenue Waynesboro, PA 17268 State College, Pa. 16801 (717) 762-3285 (814) 238-3668 or 800-922-9537 Base, Inc. Housing Alliance of York 447 South Prince Street 35 South Duke Street Lancaster, Pa. 17603 York, Pa. 17401 (717)-392-5467 (717)-854-1541 Opportunity Inc. 301 East Market Street York, Pa. 17403 (717)-424-3645 U.S.Postal ServjCeTtA A.1 CERTnEDMIL,RECEIPT r� �. • UNITED STATES - t� "POSTALSERVICE® s m Certificate Of Mailin[ ,_W • fes ,,'arm i, This form y e Mailing provides evidence that mail has been presented to USPSm for mailing a "'""'_'' F, ,t This form maybe used for domestic and international mai. From: OR RTO��+ A 10 Postage $ 2695 Philadel hia Ave. 'm Certified Fee COL� e• Chambersburg, rl osimark ' s E3 Return Receipt Fee Here'_'` 0 (Endorsement Required) 3J _ ` COLLECTION DEPT. i 'Ilk a� e \ .. . s Restricted Delivery Fee f s n- ._ (Endorsement Required) To:�yp, Q 'p• y, fLl Total Postage 8 Fees .�„S �r e. w 61`�' Ce � ) t W y All, (r I Sent To t N \�/✓� _ d 3eet,Apt?vo.; ._ eor PO Box No. � ____ __ PS Form 381 ,April 2007 PSN 7530 02-000-9065 w i City State,ZIPr4 - .••��.�- 7 r — 9 .. --- ;- ORRsTOwNBANK f A Tradition of Excellence i tH3 77 East King Street 7008 3230 0001 3866 8371 r f'$ P.O.Box 250 ., '• I.., Shippensburg, PA 17257 UNIT6� z.: `j o Cindy L. Myers a . y3 1., 5 0>. 37 Shepherd Road �yic/Jy- f f'r v" fi FF Newville, Pa. 17241 c;-,; t 0 G, vg SE, Zk RETURN TO SENDER UNCLAIMCD UNRD!_E TO FORWARD Etc:IVA - '•� ' • ' "''�' '� � i p i 11 1 ff }} I 11 1 !' 1 1 1 I i 11 � $7.2,77 fid250ii i 11111[llllltllllltllll!I�IIlitlfIlli[1lII�Iltill�ll�lllllill� S¢��. 3i ....... ........_. -..._. .... .. ._. .. ... .... w-.-, -. CERTIFIED MAIL,. D. , Insurance Coverage . .-, �UN/TEDSTATES POSTdtSERV(CEe Certificate Of Mailin, e4 � m For.delivery. This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailin 1 CO '' information • , This form may be for domestic and international mail. A_ , f,+�; ` y Frgm: be BANK ���f '. Postage $ `° COLLE OEPL ` 2695 Philadel Na Ave. `•� � f _ qq� ::m CUA'\ ^."} o Yr r-9 Certified Fee ,.�C) COLA as.'�`! am ers urg, PA 17201 t 1 r 3.0 p Return Recelpt Fee COLLECTION DEPT. R y C�4"J o (Endorsement Required) U Here: tr= o�' i a,`a E3Restricted Dellvery Fee Q r To: rn ` rn (Endorsement Required) - t ; C3 �t r pI � ? n 1 Total Postage&Fees ? SJt L1u�s� c� O yY ru Sent To (J street, CN"o O < ' or PO 3c"' { PS Form 3817,April 2007 PSN 7530-02-000-9065 In R'' City Sfate,ZIP+4 '� !�Z X U In ti d ORRSTOWNBANK A Tradition of Excellence !t d 77 East King Street 7008 3230 0001 3866 8364 P.O_Box 250 r r Shippensburg, PA 17257 s UNI; � 'U S.. Bryce A. '"yers J 07` 37 Shepherd Road " iiA Newville, Pa. 17241 + fFl;�;s w, n'G'"�o 'IFS F RETURNTO SENDER UNCLi;IMtD fi U NAMLE TO PORWARD i'. -. ..._. . . v.•a a�:a-:.- 1 �il i I 1 � � � �11 ! ' 1 F �� 1 ! i' !t :t 1725700250 1111 111111!1 171 1 1 111 Itru111e 111[1 n1111 11 /1111111 �, al _._..— o - i t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r;L . -tai«j=1 2" Sheriff ' THE PR THONCI rpt{'1 Jody S Smith 21444 JUL 21 PM 2: 58 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Orrstown Bank vs. Case Number Bruce A Myers(et al.) 2014-3894 SHERIFF'S RETURN OF SERVICE 07/08/2014 01:03 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Cory Myers, Son,who accepted as"Adult Person in Charge"for Cindy Lee Myers at 37 S -• and Road, North Newton Township, Newville, PA 17241. ii WILD IAM CLINE, DEPUTY 07/16/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bruce A Myers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 37 Shepard Road, North Newton, Newville, PA 17241. Deputies were advised by Cory Myers that the defendant no longer resides at this address and per the Newville Postmaster mail is still delivered to the address provided. SHERIFF COST: $62.56 SO ANSWERS, July 16, 2014 RONR ANDERSON, SHERIFF ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257: Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE MOTION OF PLAINTIFF FOR ORDER OF SPECIAL SERVICE AND NOW, comes Plaintiff, Orrstown Bank ("Orrstown"), by and through its attorneys, Baric Scherer LLC, and files the within motion and, in support thereof, sets forth the following: 1. The Plaintiff is Orrstown Bank with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Orrstown filed a Complaint in this matter on July 3, 2014. Service of the Complaint was made upon the Defendant, Cindy L. Myers by the Cumberland County Sheriff on July 8, 2014. Service of the Complaint has been unsuccessful upon the Defendant, Bryce A. Myers by the Cumberland County Sheriff . A true and correct copy of the Sheriff's Return is attached hereto as Exhibit "A." 3. Counsel for the Plaintiff has attempted to locate the Defendant, Bryce A. Myers by searching the internet for current addresses and by a postal request through the United States Post Office. Copies of the internet searches and postal requests are attached hereto as Exhibit "B" and are incorporated. 4. Pursuant to Pa.R.C.P. 401(c), the Court may direct service be made in one (1) of the following four (4) ways: (1) publication as provided by Rule 430 (b), (2) posting a copy of the original process on the most public part of the property, (3) registered mail to the defendants' last known address; and, (4) such other methods, if any, as the court deems appropriate to give notice to the defendants. 5. Attached hereto as Exhibit "C" is an Affidavit prepared by undersigned counsel in connection with his attempts to locate the Defendant, Bryce A. Myers. 6. No judge has ruled in this case. WHEREFORE, Plaintiff, Orrstown Bank, respectfully moves this Court to enter a special order of court to effectuate service of the Complaint upon the Defendant, Bryce A. Myers. Said service to be made by publication one time in a newspaper of general circulation in Cumberland County, Pennsylvania in accordance with Pa.R.C.P. 430(b)(1) and any subsequent service upon Defendants shall be made by regular U.S. Mail postage prepaid to the Defendant's last known address of 37 Shepherd Road, Newville, Pennsylvania 17241. Respectfully submitted, RIC SCHERER LLC David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Motion Of Plaintiff For Order Of Special Service 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 falsification to authorities. DATED: V 05/1 7 c David A. Baric, Esquire Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY iatE��ti, of Cnyraberir 6 OFF ICE OF THE SkE,RIFF Orrstown Bank vs. Bruce A Myers (et al.) Case Number 2014-3894 SHERIFF'S RETURN OF SERVICE 07/08/2014 01:03 PM - Deputy William Cline. being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Cory Myers, Son, who accepted as "Adult Person in Charge" for Cindy Lee Myers at 37 S ,.R • r and Road, North Newton Township, Newville, PA 17241. WIL IAM CLINE, DEPUTY 07/16/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bruce A Myers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as'_'Not Found" at 37 Shepard Road, North Newton, Newville, PA 17241. Deputies were advised by Cory Myers that the defendant no longer resides at this address and per the Newville Postmaster mail is still delivered to the address provided. SHERIFF POST: $62.56 July 16, 2014 SO ANSWERS, EXHIBIT "A" tc) CountySuito Sheriff, Toleosoft, Inc. Exhibit 5-2b Change of Address or Boxholder Request Format — Process Servers Postmaster Date 07/17/14 Newville, PA 17241 City, State, ZIP Code REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Bryce A. Myers Address: 37 Shepherd Road, Newville, PA 17241 Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(5)(ii). There is no fee for providing boxholder or change of address information. attorney 1. Ca acitY of requester (e.g., process server, attorney, partyrepresenting self): 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro.hse must names te of all Orrstown Bank, Bryce A. Myers & Cindy L. Myers 3. The names of all known parties to the litigation: 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, PA 5. The docket or other identifying number (a or b,It};r8 by corgp]pt�d). X a. Docket or other identifying number: L U 4 3 ?f b. Docket or other identifying number has not been issued. defendant 6. The capacity in which this individual is to be served (e.g., defendant or witness) WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR RISONMENT • NOT MORE ' 'AN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). c i that t abov in at .n is JJ•lelyf•rsery'• legal •roc n e and that the address information is needed and will be conjunction with actual or prospective litigation. David A. Baric, Esquire Signature Printed Name Address 19 West South Street City, State, ZIP Code Carlisle, PA 17013 /V 604 4'1` ARPiki OST OFFICE USE ONLY No change of address order on file. Moved, left no forwarding address. No such address. NEW ADDRESS OR BOXHOLDER'S NAME AND STREET ADDRESS EXHIBIT "B" Free people search and contact details for Bryce A Myers 1 WhitePages Page 1 of 1 Bryce A Myers Age: 18-24 FquIrywr Sign Up Now Equifax.com Address 37 Shepherd Rd Newville, PA 17241-1102 People Bryce may know Tammy S Myers Cindy L Myers Jared Myers © 2014 WhitePages Inc. - Privacy Policy and Terms of Use Print this page http://www.whitepages.com/name/Bryce-A-Myers/Newville-PA/3x21 ka9 7/30/2014 AFFIDAVIT NOW, comes Affiant, David A. Baric, Esquire, who, being duly sworn, does depose and state the following: 1. I am the attorney for Orrstown Bank in the matter docketed to No. 2014-3894 in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. I have caused searches to be made via the internet and postal service for addresses for the Defendant, Bryce A. Myers. The address provided to me by the internet and postal service indicate that the Defendant, Bryce A. Myers, still receives mail at 37 Shepherd Road, Newville, Cumberland County, Pennsylvania. 4. The Sheriff of Cumberland County attempted without success to make service upon the Defendant, Bryce A. Myers at 37 Shepherd Road, Newville, Cumberland County, Pennsylvania without success. Further affiant sayeth not. STATE OF Pennsylvania COUNTY OF Cumberland : SS. David A. Baric, Esquire AND NOW, this 5th day of August, 2014, before me, the undersigned officer, personally appeared David A. Baric, Esquire, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANI NOTARIAL SEAL. Arc M. Ramos, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 3, 2018 S:EMBER, PENNSYLvANTA ASSOCIATION OF NOTARIES jou C.4._ EXHIBIT "C" CiQt Notary Pu lic CERTIFICATE OF SERVICE I hereby certify that on August 5, 2014, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Motion Of Plaintiff For Order Of Special Service, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Cindy L. Myers 37 Shepherd Road Newville, Pennsylvania 17241 Bryce A. Myers 37 Shepherd Road Newville, Pennsylvania 17241 David A. Baric, Esquire ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257: Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM V. CIVIL ACTION -LAW BRYCE A. MYERS and CINDY L. MYERS MORTGAGE FORECLOSURE 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants ORDER OF COURT AND now, this 12` day ofT,+v' , 2014, based upon the Motion of Plaintiff for Order of Special Service it is hereby Ordered that Plaintiff shall make service of the Complaint by publication one time in a newspaper of general circulation in Cumberland County, Pennsylvania in accordance with Pa.R.C.P. 430(b)(1) and any subsequent service upon Defendant, Bryce A. Myers shall be made by regular U.S. Mail postage prepaid to the Defendants last known address of 37 Shepherd Road, Newville, Pennsylvania 17241. BY THE COURT, ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE IN ACCORDANCE WITH COURT ORDER • -a c) I hereby certify that service of the Complaint was made in accordance with the Court Order dated August 12, 2014 as indicated below: By publication as provided by Pa. R. C. P. Rule 430(b) in The Sentinel on August 19, 2014. Proof of the said publication is attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATE: September 11, 2014 David A. Baric, Esquire OOF OF PUBLICATION County of Cumberland 762 CS v0 O 8 4) r bC Cf y 7-I � o a 3 5+'' OU as Was wz LJx H u▪ ° 4-4 O 03 7.1V CS .171 aso J✓ O b.0 "C7 "0 0 O E cuasO (� 0 .c • U as a) U — rn , ca rn rn (a X O 0) v .s; 4▪ ) U a1 CS 0 crs r•r 0 4) O 4) 4J cB O U H W cnH a) a3 • "CS U c1) 1 -Z s~ 4) 4) u v Q TICE OF PUBL COPY OF N (TS a • u u a O O hl bo U 1 O a3 d 0 • (5 E ORRSTOWN BANK ' 77 EAST KING STREET SHIPPENSBURG', PA 17257, Plaintiff, V. BRYCE A. MYERS and CINDY,LMYERS 37 SHEPHERD, ROAD NEWVILLE,iPA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2014-3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE NNSYLVANIA rl O z 0 L O .0 c a ui N = of z�, D 2 S• e n E g g c w E Pa E Z 0 O Nattire:ofActionl,Mortgage Foreclosure claim for money loaned and owed pursuant to Mortgage and Note in the •? lourit of,$141;357.68, plus interest to the date of award, interest, costs and expenses and attorney fees. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in.writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR. TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU .WITH INFORMATION ABOUTHIRING A LAWYER. F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABt E TO PROVIDE YOU WITH SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. • .Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 • David A. Baric, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 717-249-6873 Auor_ v flflaitttif ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 -4, c.J1 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendants, Bryce A. Myers and Cindy L. Myers, for failure to file an answer to the Complaint of Plaintiff. True and correct copies of the Notices of Default are appended hereto as Exhibit "A." True and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $141,357.68 as set forth in the Complaint together interest of $1,769.95 to September 22, 2014 with a per diem of $19.45 and costs of $1,577.70 for a total of $144,705.33. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 /6 .JD, t 4;If4 Arh „7„4..122e ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM V. CIVIL ACTION -LAW BRYCE A. MYERS and CINDY L. MYERS MORTGAGE FORECLOSURE 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants TO: Bryce A. Myers 37 Shepherd Road Newville, Pennsylvania 17241 Date of Notice: September 11, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM V. CIVIL ACTION -LAW BRYCE A. MYERS and CINDY L. MYERS MORTGAGE FORECLOSURE 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants TO: Cindy L. Myers 37 Shepherd Road Newville, Pennsylvania 17241 Date of Notice: September 11, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BARIC SCHE l David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 UNITEDSTATES POS7bLSERVlcE• Certificate Of Mailing This Certificate of Meiling provides evidence that mail has been presented to USPS® for mailing. This form y'be Used . for domesttiic�and international mail. rom F: �Qn(.9Sc4i1Rv6 LLC 161 T2s+- Sovdi Sh'e' vlisle,, ?R r1b13 To: br U1c,c/ Pi, ` 'Va$ 3� \St ll # ioo4 Nt aIle,, t t1 4a PS Form 3817, April2007 PSN 7530-02-000-9065 D O � N y, c i3 � �m m r" UNREDSTATES o z POSTAL SERi/ICE.s Certificate Of Mailing o r- o ThisCeitificate.ofMalin provides evidence that mefl;hesbeen DresentedtoUSPS®forinaling., p a 1 This l ay befused for�djo�meesttiic and International mall. $ m J From rico 5C Jf N Res Sou -1-k S- W To: bnck L. PA Q 's ."51. S 1w, vat goal Neusualle. PA R1Atl PS Form 3817, April 2007 PSN 7530-02-000-9065 o 'Di 1 N ~.... c.—= n, -r -O CO.—t' =cam•e , M EXHIBIT It B 11 CERTIFICATE OF SERVICE I hereby certify that on September 23, 2014, I, David A. Baric, Esquire, of Baric Scherer LLC did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Bryce A. Myers Cindy L. Myers 37 Shepherd Road Newville, Pennsylvania 17241 David A. Baric, Esquire ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM V. CIVIL ACTION -LAW BRYCE A. MYERS and CINDY L. MYERS MORTGAGE FORECLOSURE 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Bryce A. Myers 37 Shepherd Road Newville, Pennsylvania 17241 Notice is hereby given to you of entry of a judgment against you in the above matter. Date: % y Prothonotary ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM V. CIVIL ACTION -LAW BRYCE A. MYERS and CINDY L. MYERS MORTGAGE FORECLOSURE 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Cindy L. Myers 37 Shepherd Road Newville, Pennsylvania 17241 Notice is hereby given to you of entry of a judgment against you in the above atter. Date: 9 V aa.,3 Prothonotary ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Principal debt Interest from 09/22/14 to 03/04/15 (per diem $19.45) dr 50 PAA -ay (.4641- c .4 4- c Ss 6G ,, sj_1/. 3 I 7 $144,705.33 $ 3,170.35 TOTAL: $147,875.68 Respectfully submitted, RIC SCHERER LLC David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff 8'02: a5S 1Due. Cu. Jet 6.)M _7—"cv C: -71 CERTIFICATE OF SERVICE I hereby certify that on December // , 2014, I, David A. Buie, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe For Writ of Execution, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Bryce A. Myers Cindy L. Myers 37 Shepherd Road Newville, Pennsylvania 17241 David A. Baric, Esquire ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE ..7") < -a FFIDAVIT 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 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. 1 Names and addresses of owners or reputed owners: Bryce A. Myers and 37 Shepherd Road Cindy L. Myers Newville, Pennsylvania 17241 A 2. Names and addresses of the defendants in the judgment: Bryce A. Myers and 37 Shepherd Road Cindy L. Myers Newville, Pennsylvania 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, Pennsylvania 17013 PA SCDU P.O. Box 69110 Harrisburg, Pennsylvania 17106 Robert and Luann Hinkle do Douglas G. Miller, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, Pennsylvania 17013 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, Pennsylvania 17013 PA SCDU P.O. Box 69110 Harrisburg, Pennsylvania 17106 Robert and Luann Hinkle do Douglas G. Miller, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street 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: 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. Date: l0 14 - David A: [brie; Esquire Attorney for Plaintiff ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 47) p1 W rn cp co 1) The premises which are the subject of this action and Notice of Sale is located at 37 Shepherd Road, Newville, Cumberland County, Pennsylvania, with a parcel number of 30-19- 1683-051 and described as follows: ALL THAT CERTAIN tract or lot of land situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-of-way line of Carlisle Avenue (T-403) at the dividing line of Lot # 24 and Lot # 23, said point also being located 113.28 feet east of the eastern extremity of an arc connecting the northern dedicated right-of-way line of Carlisle Avenue (T-403) and the eastern dedicated right-of-way line of James Drive; THENCE by line of Lot # 23 North 23 degrees 29 minutes 09 seconds West 100.00 feet to a point on line of Lot # 22; thence by line of Lots # 22 and #21 North 66 degrees 30 minutes 51 seconds East 112.03 feet to a point; thence by lands now or formerly of Greg R. and Mary H. Shade South 24 degrees 45 minutes 00 seconds East 100.02 feet to a point; thence by the northern dedicated right-of-way line of Carlisle Avenue (T-403) South 66 degrees 30 minutes 51 seconds West 114.23 feet to a point, the place of BEGINNING. CONTAINING 11,313 square feet BEING Lot #24 on the Final Subdivision Plan of North Newton Hills, Phase I BEING the same premises which Cindy L. Myers, married woman by Deed dated September 24, 2009 and recorded in the office of the Recorder of Deeds for Cumberland County to Instrument No. 200933743 granted and conveyed unto Cindy L. Myers, Cindy L. Myers, married woman and Bryce A. Myers, single man. PARCEL NO. 30-19-1683-051 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is Wednesday, June 3, 2015 at 10:00 a.m., in the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being held on Judgment entered in Orrstown Bank v. Bryce A. Myers and Cindy L. Myers docketed to No. 2014-3894 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Bryce A. Myers and Cindy L. Myers. 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, BARIC SCHERER LLC David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-of-way line of Carlisle Avenue (T-403) at the dividing line of Lot # 24 and Lot # 23, said point also being located 113.28 feet east of the eastern extremity of an arc connecting the northern dedicated right-of-way line of Carlisle Avenue (T-403) and the eastern dedicated right-of-way line of James Drive; THENCE by line of Lot # 23 North 23 degrees 29 minutes 09 seconds West 100.00 feet to a point on line of Lot # 22; thence by line of Lots # 22 and #21 North 66 degrees 30 minutes 51 seconds East 112.03 feet to a point; thence by lands now or formerly of Greg R. and Mary H. Shade South 24 degrees 45 minutes 00 seconds East 100.02 feet to a point; thence by the northern dedicated right-of-way line of Carlisle Avenue (T-403) South 66 degrees 30 minutes 51 seconds West 114.23 feet to a point, the place of BEGINNING. CONTAINING 11,313 square feet BEING Lot #24 on the Final Subdivision Plan of North Newton Hills, Phase I BEING the same premises which Cindy L. Myers, married woman by Deed dated September 24, 2009 and recorded in the office of the Recorder of Deeds for Cumberland County to Instrument No. 200933743 granted and conveyed unto Cindy L. Myers, Cindy L. Myers, married woman and Bryce A. Myers, single man. PARCEL NO. 30-19-1683-051 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 C) Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Bryce A. Myers and Cindy L. Myers. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, Pennsylvania 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, Pennsylvania 17013 PA SCDU P.O. Box 69110 Harrisburg, Pennsylvania 17106 Robert and Luann Hinkle c/o Douglas G. Miller, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, Pennsylvania 17013 You are hereby notified that on Wednesday, June 3, 2015, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank v. Bryce A. Myers and Cindy L. Myers, No. 2014-3894, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, real estate of Bryce A. Myers and Cindy L. Myers, known and numbered 37 Shepherd Road, Newville, Cumberland County, Pennsylvania with a parcel number of 30-19-1683-051. A description of said real estate is hereto attached. You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. DATE: IA/11/14' David A. Baric, Esquire I.D. # 44853 Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land situate in North Newton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-of-way line of Carlisle Avenue (T-403) at the dividing line of Lot # 24 and Lot # 23, said point also being located 113.28 feet east of the eastern extremity of an arc connecting the northern dedicated right-of-way line of Carlisle Avenue (T-403) and the eastern dedicated right-of-way line of James Drive; THENCE by line of Lot # 23 North 23 degrees 29 minutes 09 seconds West 100.00 feet to a point on line of Lot # 22; thence by line of Lots # 22 and #21 North 66 degrees 30 minutes 51 seconds East 112.03 feet to a point; thence by lands now or formerly of Greg R. and Mary H. Shade South 24 degrees 45 minutes 00 seconds East 100.02 feet to a point; thence by the northern dedicated right-of-way line of Carlisle Avenue (T-403) South 66 degrees 30 minutes 51 seconds West 114.23 feet to a point, the place of BEGINNING. CONTAINING 11,313 square feet BEING Lot #24 on the Final Subdivision Plan of North Newton Hills, Phase I BEING the same premises which Cindy L. Myers, married woman by Deed dated September 24, 2009 and recorded in the office of the Recorder of Deeds for Cumberland County to Instrument No. 200933743 granted and conveyed unto Cindy L. Myers, Cindy L. Myers, married woman and Bryce A. Myers, single man. PARCEL NO. 30-19-1683-051 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 Plaintiff, V. BRYCE A. MYERS and CINDY L. MYERS 37 SHEPHERD ROAD NEWVILLE, PA 17241 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014- 3894 CIVIL TERM CIVIL ACTION -LAW MORTGAGE FORECLOSURE 0 C.0 sy AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendants, Bryce A. Myers and Cindy L. Myers is 37 Shepherd Road, Newville, Cumberland County, Pennsylvania 17241. The Defendants are the owners of the mortgaged properties. BARIC SCHERER David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 DAY OF DECEMBER, 2014. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Andrea M. Ramos, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 3, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net ORRSTOWN BANK Vs. BRYCE A. MYERS and CINDY L. MYERS WRIT OF EXECUTION NO 14-3894 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: 144,705.33 L.L.: $.50 Interest FROM.09/22/14 TO 03/04/15 - PER DIEM $19.45) - $3170.35 Atty's Comm: Due Prothy: $2.25 Atty Paid: $211.31 Plaintiff Paid: • Date:. 12/11/14 I:E.QUESTING PARTY: Name: David -A. Baric, Esq. Address: BARIC SCHERER LLC, 19 WEST SOUTH STREET, CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-249-6873 Supreme Court ID No. 44853 Other Costs: /If Dazi-ed Q ile-cal/ David D. Buell, Prothonotary By: E:,044 Deputy