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HomeMy WebLinkAbout05-5730 II ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON 1. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEF AUL T JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendants, Dennis G. Deitch and Sharon 1. Deitch, for failure to file an answer to the Complaint of Plaintiff. A true and correct copies ofthe Notices of Default are appended hereto as Exhibit "A." 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$59,493.00 as set forth in the Complaint. Respectfully submitted, ~7J?:!:R David A. Baric, Esquire J.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 . ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE TO: Dennis G. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Date of Notice: December 1,2005 IMPORTANT NOTICE i! YOU ARE IN DEF AUL T 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 NOnCE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHQULD 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 Telephone: (717) 249-3166 RffiN"BARJP:1ERER David A. Baric, Esquire 19 West South Street Carlisle, P A 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. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON 1. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE TO: Sharon 1. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Date of Notice: December I, 2005 IMPORT ANT 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 Telephone: (717) 249-3166 ~!!ER David A. Baric, Esquire 19 West South Street Carlisle, P A 17013 (717) 249-6873 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER One piece of ordinary mail addressed to: ~tl\V)~' Dilrch 10 SOh ~DIl.J 01(\isl~, fI:I \1DI;, PS Form 3817, January 2001 U.S. POSTAL SERVICE \ ~-~-"./ CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER One piece of ordinary mail addressed 10 ~ L Di\k~ Jz,i-; Gn..asofl ~on..d ~lIslt-, fA 11013 "'"' PS Form 3817, January 2001 EXHIBIT "B" ~<~ ~~ ~~ i~ aa c:l n c:: '" :I> . ;en :c Vl i!io:~C:l1' /c=-,:l(l)......-O . z. .-reo -{ .l.v1Tl 1Il o .... U1 ." :I> :I> '" '" ',I -: CERTIFICATE OF SERVICE I hereby certifY that on December~, 2005, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer 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: Dennis G. Deitch Sharon 1. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 ~/~ David A. Baric, Esquire ;.,J:,- z -p r> -S) C> Q;-. K Cl .~ . ~ .~. 0 (> ~ ~ - ..7 ? --.\ 0 ?- ,-:; v' ,- ~-- \ --S) \}J <::P ~.. - 'l...) vJ '" ~ ....> r II ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. DENNIS G. DEITCH and SHARON 1. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, P A 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO Pa.R.c.p. 236 I TO: Dennis G. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. II Date: , I I I I j.5pt:C0 . 'I ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON 1. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO PaRC.P. 236 TO: Sharon 1. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. c~ ( Prothon tary Date: !~i)..5' ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 57.30 CIVIL ACTION v. DENNIS G. DEITCH and SHARON 1. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LA W MORTGAGE FORECLOSURE 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. Ctunberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2005-')'7.36 CIVIL ACTION v. DENNIS G. DEITCH and SHARON 1. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: I. 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 are Dennis G. Deitch and Sharon 1. Deitch, husband and wife, adult individuals who reside at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. By Deed acknowledged on September 26, 1972, Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, conveyed the premises described in Exhibit "A", attached hereto and made a part hereot: to Dennis G. Deitch and Sharon 1. Deitch. This Deed was recorded in Cumberland County Deed Book "V", Volume 24, Page 253, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 136 Greason Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about April 7,1995, Dennis G. Deitch and Sharon 1. Deitch, as Mortgagors, made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on April 12,1995, at Cumberland County Record Book 1258 Page 462, 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 Note is attached hereto and made 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 Note by failing to make payments due August 12,2005, September 12,2005 and October 12, 2005. 7. Defendants are the present record owners of the premises described in Exhibit "A" and are the real owners of the premises. 8. Plaintiff served Notice of Plaintiffs Intention to Foreclose and Act 91 notice to the Defendants via certificate of mailing on or about September 19, 2005. 9. Attached hereto and marked Exhibit "D" are true and correct copies of the combined Notice ofIntention to Foreclose and Act 91 Notice mailed to Defendants. 10. Attached hereto and marked Exhibit "E" are true and correct copies of the certificates of mailing for the combined notice. 11. The original principal amount ofthe Mortgage was $68,500.00. 12. Under the terms ofthe Mortgage and Note, if any monthly payment of principal and interest is not made when due or any other obligations ofthe Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligation shall become due and payable immediately at the declaration of the Mortgagee. 13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 14. The following amounts are presently due on the said Mortgage and Note calculated to October 24, 2005: Principal $54,404.34 Interest to 10/24/05 (per diem $11.51) $ 1,141.00 Late Charge $ 1,228.00 Reasonable attorneys fees fixed by Plaintiff for purposes of this Complaint (5% of principal debt) $ 2.720.20 TOTAL: $59,493.00 WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $59,493.00, plus interest thereafter at the contract per diem rate from October 24,2005, and costs and expenses against the Defendants, Mortgagors and real owners and seeks foreclosure and Sheriffs Sale of the mortgaged property in Exhibit "A". Respectfully submitted, '?\.EN. DARlrlCI~ t::a~~f ~ a.~ David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/deitch/2005/foreclosu re.pld "~/fo/2005 08:55 71 72495i55 OBS PAGE 0i VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read th.e statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. DATE: J), I ' D>~ ~:E1 Q ~vJJJ Bets J. Smith, Collector Orrstown Bank ALL that certain tract of land situate in West pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. #21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road #T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. #21034; thence by the center line of said road, South 4 degrees 48 minutes West, 195 feet to the Place of Beginning; containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as a part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. #21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland county Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. EXHIBIT "A" c:~ Bood258 rAGE 467 PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the a Borrower: DENNIS G. DEITCH (SSN: 194-42-9752) SHARON L. DEITCH (SSN: 17S-4G-6353) 136 GREASON RD. CARLISLE, PA 17013 ORRSTOWN BANK STONEHEDGE OFFICE 427 STONHEDGE DR. CARLISLE" PA 17013 Principal Amount: $68,500.00 Date of Note: April 7, 1995 PROMISE TO PAY. I promise 10 pay 10 ORRSTOWN BANK ("Lender"), or order, In lawful money of Ihe United Stales of America, the principal amount of Sixty Elghl Thousand Five Hundred & 00/100 Dollars ($68,500.00), logether with Inlerest on the unpaid principal balance 1T0m April 12, 1995, unlll paid In full. The Interesl rale will nollncrease above 13.500%. PAYMENT. Sublect 10 any payment changes reSllltlng from changes In the Index, I will pay Ihlsloan In accordance with fhe IoIlowlng payment schedUle: ,~ 12 consecutive monthly principal and Inleresl payments of $,506.21 each, beginning May 12, 1995, with inferest calculated on the unpaid principal balances al an Inlerest rate of 7.500% per annum; and 2811 consecullve monlhly principal and Inleresl payments in the inlllal amount of $579.52 each, beginning May 12, 1996, with Inlerest calculaled on the unpaid principal balances al an Interest rate of 2.750 percentage points over Ihe Index described below. My flnal payment will be due on Aprllt2, 2020 and, will be fOl' all principal and accrued Interest not yet paid, logelher with any olher unpaid amounts under Ihis Note. Interest on this Note is computed on a 30/360 simple interest basis; that is, with the exception of odd days in the first payment period, monthly interest is calculated by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days is caiculated on the basis of the actual days to the next full month and a 360--day year. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. 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 the United Slates Treasury Securities. (the "index"). The index is not necessarily the iowest 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 notice to me. Lender will tell me the current Index rate upon my request. I understand that lender may make loans based on other rates as well. The interest rate change will not occur more onen than each Year. The Index currently Is 6.390% per annum. The Inlerest rate or rates to be applied to Ihe unpaid principal balance 01 lhls Nole will be the rale 01' rales set forth above In the "Payment" section. Notwithstanding any other provision >01 this Note, Ihe variable Interest rale or rates provided for In this Note will be subject 10 Ihe rollowlng minimum and maximum rates. NOTiCE: Under no circumstances will the interest rate on this Note be less than 7.500% per annum or more than the lesser of 13.500% per annum or the maximum rate allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at anyone 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. 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 subject to refund upon early payment (whether VOluntary or as a result of default), except as othelWise required by law. Except for the foregoing, I may pay without penalty an or a portion of the amount owed earlier than it is due. Early payments wilf not, unless agreed to by Lender in writing, reHeve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in me making fewer payments. LATE CHARGE. If a payment is 16 days or more late,l will be charged 5.000% Of Ihe regularly scheduled payment. DEFAUl. T. I will be in detault if any of the foilowing happens: (al Ilailto make any payment when due. (b) I break any promise I have made to Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become 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. (e) Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with lender. (I) Any 01 the events described in this default section occurs with respect to any guarantor of this Nole. If any defaul1, olher than a default in payment, is curable and it , have not been given a notice 0' a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if I, after receiving writlen notice from Lender demanding cure of such default: (8) cure the default within fifteen (15) days; or (b) 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 on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this Note if I do not pay. I also will pay Lender that amount. This includes, subject to any limits under applicable law, lender's attorneys' fees and lender's legal expenses whether or not there is a lawsuit, including atlorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated posf-judgment col/ection services. If not prohibited by applicable Jaw, I also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Nole after judgment at the interest rate applicable to this Note al the time judgment is entered. This Note has been delivered to lender end accepled by Lender In Ihe Commonwealth of Pennsylvania. "there Is a lawSlllt, I agree upon Lender's request to SIIbmlt to the jurisdlcllon of the courts 01 CUMBERLAND County, Ihe Commonwealth of Pennsylvania This Note shall be governed by and conslrued in accordance with Ihe laws 01 the Commonwealth 01 Pennsylvania. RJGHT OF SETOFF. J grant to Lender a contractual possessory security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender an my right, title and interest in and to, my accounts with lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts I may open In the future, excluding however all IRA, Keogh, and trust accounts. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on thIS Note against any and all such accounts. COLLATERAL. 'This Note is secured by a Mortgage dated April?, 1995. to Lender on real property located in CUMBERLAND County, Commonwealth EXHIBIT "B" "4-07-1995 Loan No PROMISSORY NOTE (Continued) Page 2 of Pennsytvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of lis 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 paymanl, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly slated in writing, no party who signs this Note, whether as maker, guarantor, accommodation makar or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and lor any length 01 time) this loan, or release any party or guarantor or collateral; or impair, feU to realize upon or perfect Lender's security Inlereslln the collataral. 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 moditication is made. The obligations under this Note are joint and several. This means that the words '", 'me", and "m,/, mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARiABlE INTEREST RATE PROVISIONS AND THE NOTICE TO COSIGNER SET FORTH BElOW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COpy OF THE NOTE. ~;~._{ji@t.. ... IS ,DEITC Ni%i~'f1 x ~iifJ!1..!fftfJil~lK~!}fr~iiimi!!!@;:t{ff:t.1i/f; - SHARON L. DEITCH . .' ............. .... NonCE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do, If the borrower doesn' pay \he debt, you will have to. Be sure you can afford to pay II you have to, and that you want to eecepllhls responslblllly. You may have 10 pay up to the full amount of the debt II the borrower does nol pay. You may also have to pay lalelees or collection costs, which Increase Ihls amounl. The lender can collect this debllTom you without firsl trying to collectlrom Ihe borrower. The lender can use the same collection methods agaInst you thaI can be used agalnslthe borrower, such as SUing you, garnishing your wages, elc. "this deblls ever In delaull, thallacl may become a pari 01 YOUR credit record. This nOllce Is not the contreelthat makes you liable for the debt. lASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.20 (e) 1995 CFI ProServlcas, Inc. Allrlghts reserved.IPA-D20 2B4.LN R1.0VL: Variable Rate. Installment. nc:.\"vnUf\ II\"In nc:.\.itUc.;) I c:.LJ t),: I. ORRSTOWN BANK --:1) 1-- 4* STONHEDGE DR. ./ CARLISLE" PA 17013 p'. '\.... rr"T ~ :"'., -;, ~'. Z I ~C LEfl RECORDER OF DEEDS r;UMOU<LM/D COUNTY-~A WHEN RECORDED MAIL TO: ORRSTOWN BANK 427 STONHEDGE DR. CARLISLE" PA 17013 '95flPH12 RM! 17 (C(Q)[PY SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED APRIL 7, 1995, between DENNIS G. DEITCH and SHARON L. DEITCH, whose address Is 136 GREASON RD., CARLISLE, PA 17013 (referred to below as "Grantor"); and ORRSTOWN BANK, whose address Is 427 STONHEDGE DR., CARLISLE" PA 17013 (referred to below as "Lender"). )~ 2V GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargelns, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender sll of Grantors right, title, and Interest In and to the following described real property, together wllh all existing or subsequently eracted or affixed buildings, Improvements and flxtures; all streets, lanas, 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 wllh respact thereto; ell water, water rights, watercourses and ditch rights (Including stock In utilities wllh ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation aU minerals. all, gas, geothermal and similar matters, located In CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"): See attached The Real Property or Its address Is commonly known as 136 GREASON RD., CARLISLE, PA 17013. Grantor presenlly assigns to Lender all of Grantor's right, tille, and Interest in and 10 all lea... of the Properiy and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest In the Personal Property and Rents. DEFINITiONS. The following words shail have thefoilowlng meanings when used In this Mortgage. Terms not otherwise defined In this Morigage shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Grantor. The word "Grantor" means DENNIS G. DEITCH and SHARON L. DEITCH. The Grantor Is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties In connection with the Indebtedness. Improvements. The word "Improvements" means and Includes without limitation all existing and future Improvements, fixtures. buildings, structures, mobile homes affixed on the Real Property, facilllles, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge cbligatlons of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with Interest on such amounts as provided In this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, lis successors and assigns. The Lender is the mortgagee under this Mortgage. Mortgage. The word "Morigage" means this Mortgage between Grantor and Lender, and Includes without limitation all assignments and security Interest provisions relating to the Personal Property and Rents. Note. The word "Note" means the promissory note or credit agreement dated April 7, 1995, In the original principal amount of $68,500.00 from Grantor to Lender, together with all renewals of, extensions of, modiflcations of, reflnanclngs of, consolidations of, and substJIutlons for the promissory note or agreement. The maturity date of this Mortgage Is April 12, 2020. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, flxtures, and other articles of personal property now or hereefter 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 Properiy and the Personal Property. Real Property. The words "Real Property" mean the property, Interests and rights described above In the "Grant of Morigage" section. Related Documents. The words "Related Documents" mean and Include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter exlsllng, executed In connectIon wIth the Indebtedness. Rents. The word "Rents" means all present and fulure rents, revenues, income. issues, royalties, profits, and other benefits derived from the Property. THtS MORTGAGE, tNCLUDtNG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RB-ATED DOCUMENTS. THIS MORTGAGE is GIVEN AND ACCEPTED ON THE FOLLOWtNG 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 at Grantor's obligations under thIs Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grentor agrees that Grantor's possession and use of the Property shail be governed by the following provisions: Possession end Use. Until in default, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property In tenantabie condition and promptly periorm all repairs, replacements, and maintenance necessary to preserve Its value. Hazardous Subatances. The terms "hazardous waste," "hazardous substance," "dlsposai," "release," and "threatened release," as used In Ihls Mortgage, shell heve the same meanings as set forth In the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superiund Amendments and Reauthorization Act of 1986, Pub. L. No. 99--499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules. or regulations adopted pursuant to any Of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, without i1mltation, petroleum and petroieum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a) 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 waste or substance by any person on, under. about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender In writing, (1) any use, generation. manufacture. storage, treatment, disposal, release. or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (11) any actual or threatened litigation or claIms of any kind by any person relating to such mailers; and (c) Except as previously disclosed to and acknowledged by Lender In writing, (I) neither Grantor nor any lenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release anY', hazardous waste or substance on, under, about or from the Property and (il) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those law~ _... J 11"\" r, . 1Itln EXHIBIT "C" 04-07-1995 Lilan No MORTGAGE (Continued) Page 2 ~,~ regulations, and ordinances dascrlbed above. Grantor authorizes Lender and its agents to enter upon the Property to make such Inspections and tesls, at Granto~s expense, as Lender may deem approprlale to determine compliance of Ihe Property with this section of the Mortgage. Any Inspecllons or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or lIability on the part of lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence In Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims agalnsl Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and Bxpenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest In the Properly, whether or not the same was or should have been known to Granlor. The provisions of this section of the Mortgage, Including the obligation to Indemnify, shall survive tha payment of the Indebtedness and the satisfaction and reconveyance of the lian of this Mortgage and shall not be affected by Lenda~s acquisition of any interest In tha 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 wasle on or to Ihe Property or any portion of Ihe Property. Without limiting the generality of tha foregoing, Granlor will not remove, or grant to any other party the right 10 remove, any timber, minerals (Including 011 and gas), soli, gravel or rock products withoul the prior written consent of Lender. Ramoval 01 Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without tha prior written consent of lender. As a condlllon 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 Its agents and representatives may enter upon the Raal Property at all reasonable times to attend to Lender's interests and to Inspecl the Property for purposes of Granto~s compliance with the lerms 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 ali govarnmental authorities applicable to the use or occupancy of the Property. Grantor may contest In good faith any such law, ordinance, or regulation and withhotd 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 Inlerests 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 10 abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to Ihose acts set forth above In this secllon, which from the character and use Of the Property are raesonabiy necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare Immedlateiy due and payable all sums secured by this Mortgage upon the sale or transfer, without the Lendar's prior written consent, of all or any part of the Real Property, or any Interast In the Real Property. A "sale or Iransfer" means the conveyance of Real Property or any right, litle or Inlerest therein: whether legal, beneficial or equltabla; 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-optlon contract, or by sala, assignmenl, or transfer of any benellclallnterest In or to any land trust holding Iltle to tha Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also Includes any change In ownership of more than twenty-five percent (25%) of the voting stock, partnership Interests or limited liability company Interests, as the case may be, of Grantor. 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 a part of this Mortgage. Payment. Grantor shail pay when due (and In all events prior to delinquency) ail 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 furnlshad to the Property. Grantor shall maintain the Property free of all liens having prlortty over or equal to the Interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good fallh 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, Granlor shall wllhln fifteen (15) days after the lien arises or, If a lien Is flied, within fllleen (15) days after Grantor has nollce of the filing, secure the discharge of the lien, or If requested by Lender, deposlt 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 allorneys' fees or other chargos that could accrue as a resull of a foreclosura or sale under tha lien. In any contesl, Grantor shail defend Itself and Lender and shail satisfy any adverse Judgmenl before enforcement against tha Property. Grantor shail name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence 01 Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the laxes or assessments and shail authorize the appropriate governmental official to deliver to Lender at any lime a written statement of the taxes and assessments against the Property. Nollce 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 foilowing provisions reiating to Insuring Ihe 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 tha fuillnsurable value covering ail 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 slipulallon 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 at any time become 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, to the extent such insurance is required by Lender and is or becomes available, for the term of the loan and for the full unpaid principal balance of the loan, or the maximum limit of coverage that Is available, whIchever is less. Appttcatlon 01 Proceeds. Grantor shall promplly notify Lender of any loss or damage to Ihe Property. Lender may make proof of loss If Grantor falls to do so within fitteen (15) days of tha casualty. Whether or not Lende~s security Is Impaired, Lender may, at Its election, apply the proceeds to the reduction of the Indabtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceods to restoration and repair, Grantol shall rtJpair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, payor reimburse Grantor from the proceeds for the reasonable cost of repair or restoration it Grantor is not In default hereunder. 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 prepay accrued Interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after paymant In full of the Indebtedness, such proceeds shall be paid to Grantor. Unexpired Insurance at Sale. Any unexpired Insurance shall Inure to the benefit of, and pass 10, Ihe purchaser of the Property covered by this Mortgage at any trustee's sale or other sale heid under the provisions of this Mortgage, or at any foreclosure sele of such Property. EXPENDITURES BY LENDER. If Grantor falls to comply with any provision Of this Mortgage, or If any action or proceeding Is commenced that would materially affect Lender's Interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any acllon that Lender deems appropriate. Any amount that Lender axpends In so doing will bear Inlerest at the rate charged under the Note from the dale Incurred or paid by Lender to the date of repayment by Grantor. All such expenses, 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 (I) the term of any applicable Insurance policy or (i1) the remaining term of tha Note, or (c) ba trealed as a balloon payment which will be due and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for In this paragraph shall be in addition to any othar rights or any remadies to which Lender may be entitled on account of the default. Any such action by lender shall not be construed as cu~ng ijle def,u!l so as to bBJ ).~Jider from any remedy that It otherwise would have had. BOOK l:-!~e rACE 4lju 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 hoids good and marketable title of record to the Property In fee simple, free and ciear of a/lllens and encumbrances other than those set forth In Ihe Real Property description or In any title insurance poilcy, tltie report, or fineltltle opinion Issued In favor of, and accepted by, Lendar in connection with this Mortgage, and (b) Grantor hes the full right, power, and authority to execute and deiiver this Mortgage to Lender. Defense of Title. Subject to the exceotlon in the oaraaraoh above. Grantor warrants and will forever rlAfand the titlA to the Prooertv 80alnst the 'iy,) 04-07-1995 Loan No MORTGAGE (Continued) Page 3 p.(1, D\> lawful claims of all persons. In the event any action or proceeding Is commenced that questions Grento~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 tha 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. Comptlance With Lewa. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. Apptlcatlon 01 Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by eny proceeding or purchase In lieu of condemnetlon, Lender may at Its election require that all or any portion of the net proceeds of the awerd 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 atlorneys' fees incurred by Lender In connectlon with the condemnatlon. 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 tha 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 wilt deliver or cause 10 be delivered to Lender such Instruments as may be requested by It from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The foltowlng provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shalt 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 faxes, 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: (al a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (d) 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 (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above In the Taxes and Uens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security egreement are a pert of this Mortgage. Security Agreement. This Instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action Is requested by Lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Mortgage In the r~1 property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred In perfecting or continuing this security Interest. Upon default, Grantor shall assemble tha Personal Property In a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of wrllten demend from Lender. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which Information concerning tha security tnterest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are es stated on the first page of this Mortgage. FURTHER ASSURANCES; ATrORNEY-IN-FACT. The following provisions relating to further assurances and atlorney-In-fact are a part of this Mortgage. Further Assurances. At any time, Bnd 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, reflled, 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 (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and securify Interests created by this Mortgage as tlrst snd prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to tha contrary by Lender In writing, Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matlers referred to in this paragraph. Attorney-In-Fact. 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 appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or deslreble, in Lende~s sole opinion, to accomplish the maUers referred to In the preceding paragraph. 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 tile evidencing Lende~s security Interest In the Rents and the Personal Property. Grantor will pay, If permltled by applicable law, any reasonable termination fee as determined by Lender from time to time. DEFAULT. Each of the following, at the option of Lender, shall constitule an event of default ("Event of Defaulrj under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Delault 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 fil1ng of or to effect discharge of any lien. Compliance Delault. Failure to comply with any other term, obligation, covenant or condition conteined In this Mortgage, the Note or In any of the Related Documents. If such a failure 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 (12) months, it may be cured (and no Event of Default will have occurred) If Grantor, after Lender sends wrttlen nollce demanding cure of such failure: (a) cures the failuHt within 1ittaan (15) days; or (b) If the cure requires more than fifteen (15) days, Immediately Initiates steps sufficient to cure the fallure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. False Statementa. Any warranty, representation or statement made or furnished to Lender by or on behelf of Grantor under this Mortgage, the 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. Tha death of Grantor, the Insolvency of Grantor, the appointment of a receiver for any part of Granto~s property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bsnkruptcy or Insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Granlor or by any governmental agency against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Granlor as to the validity or reasonableness of the claim which Is the basis of the foreclosure or forefalture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surely bond for the claim satisfactory to Lender. 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 obllgallon of Granlor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to Bny Guarantor of any of the Indebtedness or any GlJarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Gueranty of the Indebtedness. Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obllgallons arising under Ihe guaranfy In a manner satlsfaclOl)' to Lender, and, In doing so, cure the Event of Defaull. RIGHTS AND REMEDIES ON DEFAUlT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at lis option, may_else anyone or more of the following rights and remedies, In addition 10 any other rights or remedies provided by la"t'iiri 1 ?~R PAGf 484 04-07-1995 Loan No MORTGAGE (Continued) Page 4 Accelerate Indebtedness. SUbJect to applicable law, Lender shall have the right at its option without notice to Grantor to declare the enUre Indebtedness Immediately due and payable. UCC Remedlaa. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Renta. Lender shall have the right, without nollce to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply tha net proceeds, over and above Lende~s costs, against the Indebtedness. In furtherance 01 this rtghl, 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 designates Lender as Grantor's aUorney-ln-fact to endorse lnstruments 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 obllgaUons for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise liS 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 01 tha 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 racelver may serve without bond If permlUed by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds lhe Indebtedness by a subslantlal amount. Employment by Lender shall not disqualify a person from serving as a receiver. JUdicial Foreclosure. Lender may obtain a judicial decree fOiecloslng Grantor's interest In all or any part of the Property. Nonjudicial Sale. If permlUed by applicable law, Lender may foreclose Grantor's Interest In all or in any part of the Personal Property or tha Real Property by nonjudicial 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 Sufference. 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 tanantat suffarance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for tha use otthe Property, or (b) vacate the Property Immediately upon the demand 01 Lender. Other Remedies. Lender shall have all other rights and remedies providad In this Mortgage or the Note or available at law or In equity. Sele of tha Properly. To the extent permiUad by appllceble law, Grantor hareby waives any and all rlghlto have tha 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 or Sale. Lender shall 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 nollce given alleast ten (10) days before the time of the sale or disposition. Watver; Election of Remadles. A waiver by any party of a breach of a provision of this Mortgage shall nol constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue eny remedy shell not exclude pursuit of any other remedy, and an eiectlon to make expenditures or take action to perform an obligation of Grantor under this Mortgage aftar failure of Grantor to perform shall not affect Lender's right to declare a defauit and exercise Its remedies under this Mortgage. Attorneys' Feesj 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 aUorneys' lees at trial and on any appeal. Whalher or not any court action Is Involved, all reasonable expenses Incurred by Lender that In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of ils rights shall become a part of the Indebtedness payable on damand and shall bear Interest from the dale of expandlture until repaid at the rate provided for In the Note. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's aUorneys' fees and Lender's legal expenses whether or not there Is a lawsuit, including aUorneys' fees for bankruptcy proceedings (including efforts to modify or vacata any automatic stay or injunction), appeais and any anticipated post-judgment collecllon 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 TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any nolice under this Mortgage shall be In writing, may be be sent by telefacslmilie, and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, If mailed, shall be deemed effective when deposited in the United States mall fIrst class, registered mall, postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal wrtUen notice to the other parties, specifying that the purpose of the notice Is to change tha party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lende~s address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to keep Lendar Informed at all times of Granto~s current address. MISCElLANEOUS PROVISIONS. The following miscellaneous provisions are a part Of lhls Mortgage: Amendmenta. This Mortgage, together with any Ralated Documents, constitutes the entire understanding and agreement of the parties as to the maUers set lorth in this Mortgage. No alteration of or amendment 10 this Mortgage shail be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alleratlon or amendment. Applicable Low. Thts Mortgage has been delivered to Lender snd accepted by Lender In the Commonweelth of Pennsylvania. Thla Mortgage shall be governed by end conatrued In accordance with tha Iowa of the Commonwealth of Pennsylvania. Capllon Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to Interpret or define the provisions of this Mortgage. . 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 lime held by or for the benefit of Lender in any capacity, without the written consent of Lender. Multiple Parties. All obligations of Grantor under this Mortgage shall be Joint and several, and all references to Grantor shall mean each and every Grantor. This means that each of the persons signing below is responsible for all obligations In this Mortgage. Seversblllty. il a court of competent Jurisdiction finds any provision of this Mortgage to be Invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feaslbJe, any such offending provision shall be deemed to be modified to be within the limits of enforceability. or validity; however, j; the offending provision canliot be so modified, It shall be stricken and all other provisions of this Mortgage In all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations stated In this Mortgage on transler of Granto~s Interest, lhls Mortgage shall be binding upon and Inure to the benefit of the pertles, their heirs, personal representatives, succassors and assigns. If ownarship of the Property becomes vested in a person other lhan Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of lorbearance or extension wllhout reieaslng Grantor from the obligations of this Mortgage or liability under tha Indebtedness. Time 19 of the Essence. llme Is of the essence in the performance of this Mortgage. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless such waiver is In writing and signed by Lender. No delay or omission on the part of Lender In exercising any rIght shall operale as a waiver of such right or any other right. A waiver by any party of a provision of this Mortgage shall not conslltute a waiver of or prejudice tha party's righl otherwise to demand strict compUance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in this Mortgage, lhe granting of such consent by Lender In any Instance shall not constitute continuing consent to subsequenllnstances where such consent is required. l{&' DP EACH GRANTOR ACKNOWLEDGES HAVING READ ALl THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. GRANR: x};Ij,;:;;!ff;fji~/fII()J2J~J!4!!J/' }f!}:($W~HM 8001( 1258 PACE 465 xi~;~:~;:~;:g/F1~Ai.ii,M - . "- _. -- - -~. 04-07-19Q5 Loan No MORTGAGE (Continued) Page 5 :?7I{{f~OC x x CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mort~a~.., ORRSTOWN BANK, herein Is as follows: 427 STONHEDGE DR., CARLISLE.. PA 17013 j - ~ btI y ~lgag.. INDIVIDUAL ACKNOWLEDGMENT STATE OF fFNf'IS..{ /...1IA-rA '" COUNTY OF e,....."" ~....L. ,A-r'j) ) )66 ) Onthls,thelnr day of AfItIL- ,191{'",beforeme ;t./<:"'''''''- r.(-I-+;o/K ,the undersl~ned Notary Public, personally appeared DENNIS G. DEITCH and SHARON L. DEITCH, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within Instrument, and acknowled~ed that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and olllclal seal. ~1 /1/;1 Notary ~UbIlC In and for the ~tate of ;2t:-".-,vS,/W4/loIr lASER PRO, Aag. U.S. Pat. & T,M. OU., Var. 3.20 (c) 18&5 CFI Pro$arvlces, Inc. Allrlghtaruarved. (PA-003 284.LN Rl.0VLJ \\\'\~""U""""Plt,: ..:.,. ,\'l"':"-'\.,:o,;_,;t:..f;'"':":"J~~', ....:.~ t':>>Y., ...--....:t., ~..., .;.' ~..-... 6'....' ." ~ t'-:' .~ .'";'.~, ........\Jh..... e..... ."..4;7- ~ ..~ ,;;r,\,;.'. ."~/' _ ~,/' - ....~ ~ ~ '" "".."",""....:0/1, j'" :::~ '(.J "d:.:'.,....-'UJIC'.-, -:'-t ~,; ;;.,.;. 'I':' "'f,C,"'" "'.)i ~_. .i.'_~ "<l!~ l......"'. :;....~~'''';- -~:."..."'.. -_.~oM"'-".t:-: 't, .~ ,.,~.,~ ""W"'~'~':"~:' . <:) ~. ~~.;..:~qSY\.~ ~V f ~~._~,. .~~......\\~' ~.~.. ~~4fty.",(l ",~ ,..~~!.tI'\\ Notarial Seal , Michael J. Hantt, Notary pub~~t M~~~~:;,:rg;, ~:~~I~~~I~~, 1 ~98 PeMSylvania/>.ssocialiOR of No\al19S Member, ~. ). o 55 bood2~8 PACE 4 (3 ALL that certain tract of land situate in West pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. #21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road #T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. #21034; thence by the center line of said road, South 4 degrees 48 minutes West, 195 feet to the Place of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as a part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. #21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland county Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. c:~EITCH.llOCl eooK1258 P~GE 467 .."~....---' . ____~......~_____- ...,........~___.__.,_.r<.~, " 0 "" 0 0 CfJo:P -'" 0000 0 " ...;: "" to ~~ c: ~ en .:zz~z lr1 0 0 '{I ~~ c:.OO-'(I) 0 3 . g om " z-tCl)""c:. '" 1 < me 0 ~~g~; . ~'" en D ~ ~ om ~ ~ ,,0 r;~"X.~n 0 ,... "- a -~ ~ -4~~O~ D ~ 0 " Zo en . a. g>" m to o:a3:,:Z-t w 0 s l'g :ll ~~~~~ c . ~ . 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")' ~R': . . .. . ...~. m D o o Relum RedepI Fee -..- o Aea\fid8d t)eIMWy Fte U1 (E..dl...~ AeqiNed) l'- o c..tlfIodFee :~:,:-~', (1 ~ - T....P_&F... $ S- ~ ~ ~,,~.~ l'- lIbN(.AOiNi.;--.......---..--..-......-....-..--..-......-..-.-....-..-.-.....--.. ;:s::~-/-J.-(....~~:::s-d....-----........~... "----,.-'.. If 6'"8 Q ~ . ~~~~ g: ~ ~ It> iD;''8iij ~~E;~ g ~.~ ~ iil So ~ ~ ~ ""1ii EXHIBIT "D" 0 ..,J 0 f/)c-:>:X> 0 .r DODD .z=::>_ 0 c:co~~ ..,J z....cnmc: In i:~~==~ 0 ::;;c:z:~c:; .....~::t:am 0 O::ElC:: Z 0 -n>Etz..... 0 Clill~~> W "'~ <:> :em~~c > >CI) Z:::a ..D :::ar.n....om .r C'>~~= "'"'Z: 0 "'"' ..,J "'.... ~ '" 1s1 '" ..D "' 0 '" If"' 0 . ,..,.----~1 ,J ... i 0 ~ '" '" 0 . t"o/sr . s: 00 UNlTtO ~gN {:; ? r- L-'" 0..'- ,s:.v'ff f'T1 (",) ..., (j'; ~ ~ i~J} ;g; (~ ~~1' ,., ~H' ::0 (fJ -foR ! tl~,> 2., ~o ~~t'S-: o .~-llro, P 'T1 \0. '~p.: .~ 1,10') ::: ,t) u ','Ut If ~ ~j~ C t f , , r ~ o ..D a- U") U.S. Postil! S.. 1\ ILf' CERTIFIED MAIL REClIF'1 (DomestIc Mall Only No Int;Uf,'U/ce Coverage Fr". m o o o o U") ['- o .:T o o ['- -.... C<<tiftedFeo Return Redept Fee (~......-, R_ DeIMwy Feo rE-..mont.........., SE ~:~ <<-- J -~J.......,.... "'. '..' ~' '. ;s\.. TotaIP_&.... $ :S:L~,.,..,.v -+7 AJ.~....m..m....m.....;. 'SiiiSi){/-k.""'m.....mC>-<....m... .. . , / orpo'&xNo.' /0 t ~..Q;?J/...R~._.m....m.._ CiIY.'~Z1i';4m.....m. ? 0.., / '1<7/ 'D ~~ c en "'> " '" o~ in ,,~ 0 ~ om 'U 3 . <' me 0 '" . ~'" en '" r:::, ~ Om ;;! - >- ~ "'0 ," 0 Zo ~ ~ e ~'" en m . ~g ;0 0 c z~ < . i'i " Om m", m " {,::i 0 ~ 00 " ~ "'> m ~z ~:: . "'z ~ ~~ 0 ~ mm "'''' m z '" > -t ~ 0 ;; ~ i'i r :l> ~ -t m F 0 .... 0 0 ... m ;;: '" :l> z 0 ;= ~ Z Gl at'"tI"8 Q ):> .~ g!fl ~ ~ 33~a' m ~ (Il <tI * .~~ ~ SE @-~. ""''''CO:l g @" ~ :e. ~aa.~ .. . .~ ORRSTOWN BANK cO)~y September 19, 2005 DENNIS G. DEITCH SHARON L. DEITCH 136 GREASON ROAD CARLISLE, PA. 17013 Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paaes. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM {HEMAPl may be able to help to save your home. This Notice explains how the proaram works. To see if HEMAP can help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yoU when yOU meet with the Counselina Aaency. The name. address and phone number of Consumer Credit Counselina Aaencies servina your County are listed at the end of this Notice. If yOU have any auestions. you may call the Pennsylvania Housina Finance Aaencv toll free at 1-800-342-2397. (Persons with impaired hearina 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. PO Box 250. Shippensburg. PA 17257. (717) 532-6114. (717) 532-4143 Fax. www.orrstown.com EXHIBIT "E" 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): DENNIS G. DEITCH & SHARON L. DEITCH PROPERTY ADDRESS: 136 GREASON ROAD CARLISLE, PA. 17013 LOAN ACCT. NO.: 1060002475 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDERlSERVICER: 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 OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 (30) DAYS. 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 desiqnated consumer credit counselinq aqencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv 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.) If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 136 GREASON ROAD. CARLISLE. PA. 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: JUNE 12TH-- ~508.97. JULY 12TH--$508.97 AND AUGUST 12TH--$508.97. Other charges (explain/itemize ): LATE CHARGES--$ 1.202.63. TOTAL AMOUNT PAST DUE: ~ 2.729.54 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 2.729.54. 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 P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 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 riahts to accelerate the mortaaae 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 mortaaae property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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 attorney's 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 reauired 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 riqht to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by payinq the total amount then past due, plus any late or other charqes then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinq by the lender and by performinq any other requirements under the mortqaqe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Phone Number: Fax Number: Contact Person: Orrstown Bank P.O. Box 250. 77 East Kina Street ShiDDensbura. PA 17257 (717) 530-2661 (717) 532-4099 Betsv J. Smith Name of Lender: Address: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You 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, ~9~ BETSY J. SMITH, COLLECTION DEPT. L_ CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 Financial Services Unlimited 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 '700 L) 01->00003 '1'(07 ~7~,,) ~ ORRsTOWN BANK t~~v September 19, 2005 SHARON L. DEITCH DENNIS G. DEITCH 136 GREASON ROAD CARLISLE, PA. 17013 Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paaes. 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 30 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 Aaencies serving your County are listed at the end of this Notice. If you have any Questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. PO Box 250. Shippensburg, PA 17257. (717) 532-6114. (717) 532-4143 Fax. www.orrstown.com LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. 51 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): DENNIS G. DEITCH & SHARON L. DEITCH PROPERTY ADDRESS: 136 GREASON ROAD CARLISLE. PA. 17013 LOAN ACCT. NO.: 1060002475 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 OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 (30) DAYS. 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 desiqnated consumer credit counselinq aqencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv 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.) If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 136 GREASON ROAD. CARLISLE. PA. 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: JUNE 12TH-- $508.97. JULY 12TH--$508.97 AND AUGUST 12TH__$508.97. Other charges (explainlitemize): LATE CHARGES-oS 1.202.63. TOTAL AMOUNT PAST DUE: ~ 2,729.54 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 2.729.54. 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 P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 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 payoff 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. Howeyer, if legal proceedings are started against you, you will haye to pay all reasonable attorney's fees actually incurred by the lender eyen if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yOU cure the default within the THIRTY (30) DAY period. yOU will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the riqht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may do so bv pavinq the total amount then past due. plus any late or other charqes then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writino by the lender and bv performinq any other requirements under the mortqaqe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Address: Phone Number: Fax Number: Contact Person: Orrstown Bank P.O. Box 250.77 East Kina Street ShiPDensbura. PA 17257 (717) 530-2661 (717) 532-4099 Betsy J. Smith 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 fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You 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, ~Cf~ BETSY J. SMITH, COLLECTION DEPT. . CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O CCCS of Westem Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 Financial Services Unlimited 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 ~~ --. ':::\\,. ~ " \) ~ 'A\.::.:'; VJ 0\ ~ 'J r ~ B \ ~ ~\ ~ ~ ~~ ~'t:J ,'"' ~ , C'c"'1 o c: ?'. , . ;::~ :<~ ~ ...., (.::.-;) ,~~.',' t,~'\ ~ :r rn:::!3 c- :Qm _.,J"'[' o :;:1~? t.~~ :i1 ;"11 -< --- ~ c:> """ , w -r) f..:? ~,-;- (..0) ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05730 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS DEITCH DENNIS G ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEITCH SHARON L the DEFENDANT at 1926:00 HOURS, on the 7th day of November, 2005 at 136 GREASON ROAD CARLISLE, PA 17013 by handing to SHARON DEITCH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 1~J.;' ' d'~~ r....' .;, ;~"'"':'i~: ,..f".~,.e4.~~ R. Thomas Kline 11/09/2005 OBRIEN BARIC I) Sworn and Subscribed to before By: me this D j-i. 10 day of jJoVf M c?oo A.D. ary "'- SHERIFF'S RETURN - REGULAR CASE NO: 2005-05730 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS DEITCH DENNIS G ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEITCH DENNIS G the DEFENDANT at 1926:00 HOURS, on the 7th day of November, 2005 at 136 GREASON ROAD CARLISLE, PA 17013 by handing to DENNIS DEITCH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 5.76 .37 10.00 .00 34.13 A:?""'-U'/ /~ rr ..-',;...2~""'~ -1" ~ R. Thomas Kline 11/09/2005 OBRIEN BARIC Sworn and Subscribed to before By: I me this \~I+. day of dOO) .D. /" . l. 'I ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. DENNIS G. DEITCH and SHARON 1. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I I I I I' I i I Please issue a Writ of Execution in the above matter. Principal debt: Interest to 12/29/05: (per diem $11.51) Late Charges: Attorney Fees to 12/29/05 and through sale: costs to~f65: $54,404.34 ( $ 1,900.66 $ 1,228.00 $ 3,500.00 $ 191:114 TOTAL: $61,224.04 Respectfully submitted, EN'BARl'l~rY (:v !~ David A. Baric, Esquire J.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstownbankldeitch/2005/writofexecution. pra ~. 1 CERTIFICATE OF SERVICE I hereby certiJ)' that on January 3, 2006, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy ofthe Praecipe For Writ of Execution, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dennis G. Deitch Sharon 1. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire ..,...,,\ ) (-V' - \J...> ~ <:--.. <?=t c::5 ~t: \~......y. \ _ 0-> u\ C!' ,-' \~ ~~-7~.~ d: 'i! '...N \ \~. \'~ -. --... --J 0 'Y V\ ~,;.... cJ"\ ......., -b" y C) C~ (.. ,~ '~) ',?;i C) c;? ~;1 0..... O~} ~~ '::2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO Civil of-S,30 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From DENNIS G. AND SHARON L. DEITCH, 136 GREASON ROAD, CARLISLE P A 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 136 GREASON ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attacbrnent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,404.34 L.L. $.50 Interest TO 12/29/05 @ $11.51 PER DIEM ~ $1,900.66 Atty's Comm % $3500.00 Due Prothy $ 1.00 Atty Paid $132.13 Plaintiff Paid Date: JANUARY 4, 2006 Other Costs j!~4/ CURTIS R. L()NG 7 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DAVID A. BARIC, ESQ. Address: 19 W. SOUTH ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 249-6873 Supreme Court ID No. 44853 II .... ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as ofthe date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Name and address of owners or reputed owners: Dennis G. Deitch and Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 2. Name and address of defendants in the judgment: Dennis G. Deitch and Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 II ... I' 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 Household Realty Corp. 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 West Pennsboro Township 2150 Newville Road Carlisle, Pennsylvania 17013 Household Finance Consumer Discount Company 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Household Realty Corp. 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 West Pennsboro Township 2150 Newville Road Carlisle, Pennsylvania 17013 Household Finance Consumer Discount Company 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 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 Household Realty Corp. 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 II I' ... West Pennsboro Township 2150 Newville Road Carlisle, Pennsylvania 17013 Household Finance Consumer Discount Company 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n1a 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: n1a 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 10 fu, p<m.ti~ ofI' Pa C.S. 4904 reI,,;", I~ '~m f.~fi~l? i:i'.~ Date: January 3, 2006 David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstownbankldeitch/2005/3129.1.aff II . ". EXHIBIT "A" ALL that certain tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line ofL.R. # 210341eading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line ofL.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West ofthe proposed right of way line ofL.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thununa and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A (") C~ ~, ~~-:; <;:..;'..... o -r. --, ;1:, '" :--,', C:~" r.~J r...:: II ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1) The premises which is the subject of this action and Notice of Sale is located at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 46-07- 0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line ofL.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8,1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line ofL.R. # 21034, which latter line is 25 feet West ofthe existing center line of said road. BEING the same premises which Lester Gerald Thununa and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A II 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is June 7, 2006 at 10:00 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. 4) The sale is being held on Judgment entered in Orrstown Bank vs. Dennis G. Deitch and Sharon L. Deitch, docketed to 2005-5730 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Dennis G. Deitch and Sharon L. Deitch. 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, ~EN, ~A~& S;H# ~~C!~ David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, P A 17013 (717) 249-6873 DATE: January 3,2006 dab.dir/orrstown bankldeitch/2005/sale.ntc 'I LEGAL DESCRIPTION ALL that certain tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line ofL.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, RS., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line ofL.R # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thununa, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A n (:; ?' ,-) .:::~1 :1, \",1 (,.-, ,'<) -------- II II I ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFlDA VIT OF SERVICE OF NOTICE PURSUANT TO ACT 91 I, David A. Baric, Esquire, attorney for Plaintiff, state that the Notices required pursuant to Act 91 were mailed with certificate of mailing to the Defendants, Dennis G. Deitch and Sharon L. Deitch. QnRllW, SAIDC ;;;1 David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 3RD DAY OF JANUARY, 2006. ~ COMMONWEALTH OF PENN~}Y!..VAl'ijA Notarial Seai Jennifer S. Undsay, Notary Public Canisle ~~, CumoB,1and County My Comml.ssJon Expire,) i'k:v_ 29. 2007 Member, i-":;,,::'CLlti~"I' Of i\c!taries dab.dir/orrstownbankldeitch/2005/act91.aff II ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, P A 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address ofthe Defendants, Dennis G. Deitch and Sharon L. Deitch, is 136 Greason Road, Carlisle, Cumberland County, Pennsylvania 17013 and that the Defendants are the owners of the mortgaged property. O~;;ii David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 3RD DAY OF JANUARY, 2006. C:', \;oNWEJ\LTH OF F''-::I'~NSYL''j/-\;\;, I Jennifer S ~~~~a,IVS~~iay Public 'j I C~rii<'IE' Baro, C.U'll\l1::,r <!I-irj c:~u~ty...,. \ ~} I r',.n~~~~~~.~_~:~~~:'_"i_:';'" 2,j, 2??,~..___.1 dab.dir/orrstownbankldeitch/2005/address.aff n t_~; ~o >g u-,. , C) -r1 .... -'" H~, -" (:~:\ c.) r'...) ------ II .", ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE,PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. RC.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Dennis G. Deitch and Sharon L. Deitch. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Household Realty Corp. 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 West Pennsboro Township 2150 Newville Road Carlisle, Pennsylvania 17013 Household Finance Consumer Discount Company 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 You are hereby notified that on June 7,2006, at 10:00 a.m., prevailing time, by virtue ofa Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank v. Dennis G. Deitch and Sharon L. Deitch, No. 2005-5730, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Dennis G. Deitch and Sharon L. Deitch, known and numbered 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 46-07-0475-028A. A description of said real estate is hereto attached 'I 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 pro ect your interes if an/rYbY ng notified of said Sheriffs Sale. I / DATE: January 3, 2006 ~ . David A. Baric, Esquire I.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstownbankldeitch/2005/3129.2sale.ntc LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line ofL.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thununa and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line ofL.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, RS., dated September 8, 1972, a copy of which is attached hereto as part of this deed. I I Iii BEING subject to a building set back line which is 40 feet West ofthe proposed right of way line ofL.R. # 21034, which latter line is 25 feet West ofthe existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thununa, husband and I wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A II , I n (' r~' ':-:-~ (,;' c.:,;d, o -r. :..-;1 hl G') c..) fv '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. NO. 2005- 5730 CIVIL ACTION CIVIL ACTION-LAW DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE,PA 17013, Defendants. MORTGAGE FORECLOSURE i II II ,I II I i I AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, N'R~c?;:i dab.dir/orrstownbankldeitch/mailing.cer David A. Baric, Esquire I.D.44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 . II Ii I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' One piece of ordinary mail addressed to Orrstown Ba.I\~ 1"(. S1S1- \',;~ 6trttt ~ptn':>\:Jl\ 1 PfI , 11~51 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: o '€:>riuh Bar'\ V ct' Sc.fll':.rsr- \~ \JJe.st Scum \StrtV\" C.adls\t. r'f\ \ \3 nnBB PS Form 3817, January 200 1 U.S. POSTAL SERVICE CERTIFICATE OF MAtLlNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-PQSTMASTER Received From" D'f)nrn1 l)ar\CI,*Sc...hW \q \mst SO\\+h Styf.ct \islt.. f'A 1 b\:;' One piece of ordinary mail addressed 10: \lX-st fwnstlorb"'\~wn5\';f 8,\% !\Jt.u.lVlllt..- Roa.. CArlislt..1 f~ \1D13 PS Form 3817, January 2001 '~- ' ", C " , (;, , 0 .~ '.. (:,~ ~~}I'Ir;), ~?JI c, g .E;A- Ci;c:=J 0'.' -'LO ~:LT1 " L n c: :J> :J> . :J>Z :JJ (/) 3 .-r-u. ON.....J......:J> C-....J'~Vl......-U z. '-roo -l.IAllTl (/) o. --< '" " :J> '" '" rn i , f~\ IS! \'>,'~l_ .... "',..,." .(=t'~-' - i~AN'~. 2Tl~ a ,~o~.~. .) U~FS./ / '''."",.,:'",.~_..."" ./ c, g.f:A- c;c::J ". -'LO ~: 1U"l " L n c :J> :J> . ~z " '" .-r""U' N.....J......:J> ~;-J:=~a~ --I .'....HT' Vl o --< '" " :J> :J> '" rn " . U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' Received From One piece of ordinary mail addressed 10' Houst.nold finanGf:., tonS\.llV\\:K' DIsc..D\lt\t r,Oln~ Gl,1j 60tt; 0. Otl\lu 1,\11 F'I1 \1056 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Re;:;eiveoFrom: . o l Brlw) Bonv '* ScJ'\'tXtx'" I q \lVt.",t SOUffl 5trtd vk,lr.. Vf\ 11013 One piece of ordinary mail adoressed to: tum\1et\ilV\U C.Dl.\~ 1<l.1. GlaHn f,ur C,Uff\Wlllnd t.o\l~ GDuy+hollSu (j,(k,le. .fA- 01 PS Form 3817, January 2001 I^*,~~~ g~_~n ~ C)''fiTT ::t>z ~ Vl Cic::J ~N:::jC~' C1-- L:-...J':::JVl_""O ::l.C ~. .;::;F;;a~ .!.Ln ~;, i5 N :0 C'l en (') ~, -0\:-;', r\''- ,~,. ~~-; c.i".;. .--' c~ ,-::;;:> c'f'" <- .(... ~ ~ \/' . .>,- , "';::;:.;':', }7 c.~. -/ ~~i. o -r\ -, ~-s1 p....t;., ~,-''-. .i'l'-.) ;~:?l\';i] 'j~, \:~A ~'~ ~~j:j. .- "..-," ~ ~ c:? ~ <..;. Orrstown Bank VS Dennis G. Deitch and Sharon L. Deitch In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5730 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 09, 2006 at 8:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Dennis G. Deitch and Sharon L. Deitch, by making known unto Dennis G. Deitch, personally and husband of Sharon L. Deitch, at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2006 at 2:18 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dennis G> Deitch and Sharon L. Deitch located at 136 Greason Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action to the within named defendants, to wit: Dennis G. Deitch and Sharon L. Deitch by regular mail to their last known address of 136 Greason Rd., Carlisle, P A 17013. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriffwho being duly sworn according to law, states this writ is returned stayed per instructions from attorney David Baric. Sheriffs costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified mail Levy Surcharge Law Journal Patriot News Share of Bills Total: 30.00 14.17 15.00 15.00 .50 1.00 10.56 9.28 15.00 30.00 335.00 277.40 gi~8 ";/:;.. i' ,/0 (, :;;-0 ). lfC. 'J-1.f'f~ ( v~ 1197Y; <~,. ~ R. Thomas Kline, Sheriff By\j'o~3~ Real Estate Sergeant ~ I . II I \ I \ ! ORRSTOWN BANK., 77 EAST KING STREET SIDPPENSBURG, P A 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Name and address of owners or reputed owners: Dennis G. Deitch and Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 2. Name and address of defendants in the judgment: Dennis G. Deitch and Sharon L. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: II II 1\ I I I I I I Ii I Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Household Realty Corp. 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 West Pennsboro Township 2150 Newville Road Carlisle, Pennsylvania 17013 Household Finance Consumer Discount Company 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 \1 I I 1 4. : Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Household Realty Corp. 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 II II I, II II I West Pennsboro Township 2150 Newville Road Carlisle, Pennsylvania 17013 Household Finance Consumer Discount Company 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 5. Name and address of every other person who has any record lien on the property: 1\ il I, I Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Household Realty Corp. 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 West Pennsboro Township 2150 Newville Road Carlisle, Pennsylvania 17013 Household Finance Consumer Discount Company 25 Gateway Drive Mechanicsburg, Pennsylvania 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: nJa 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: nJa 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 i sworn fa1~fiCati;1 ~es. Date: January 3, 2006 David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstownbank/deitcbI200SI3129.1.aff >( II EXIllBIT "A" ALL that certain tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line ofL.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. 1\ BEING subject to a building set back line which is 40 feet West of the proposed right of way line II of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. '\ I, \1 I BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A II I II Ii il I', II II I, II 'I \1 II II II II \; Ii II I ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5730 CIVIL ACTION v. DENNIS G. DEITCH and SHARON L. DEITCH, husband and wife, 136 GREASON ROAD CARLISLE, PA 17013, Defendants. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA RC.P. 3129.2 1) The premises which is the subject of this action and Notice of Sale is located at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 46-07- 0475-028A and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line ofL.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a . survey thereof by Noel B. Smith, RS., dated September 8, 1972, a copy of which is attached i hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A \1 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is June 7, 2006 at 10:00 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. 4) The sale is being held on Judgment entered in Orrstown Bank vs. Dennis G. Deitch and Sharon L. Deitch. docketed to 2005-5730 in the Court of Common Pleas of Cumberland County. 5) The names of the owners or reputed owners are Dennis G. Deitch and Sharon L. Deitch. 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, J!!j;;72/t David A. Baric, Esquire J.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: January 3,2006 dab.dir/orrstownbankldeitchl20OS/sale.ntc !\ LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line ofL.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T-446; thence by other land of Lester Gerald Thumma and wife, North 85 degrees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line ofL.R. # 21034; thence by the center line of said road, south 4 degrees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being described according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V", Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A 'I I 1 , ,I 'I I i I I , ! I \ \ I . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO Civil (f; - 57~ CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From DENNIS G. AND SHARON L. DEITCH, 136 GREASON ROAD, CARLISLE P A 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 136 GREASON ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $54,404.34 L.L. $.50 Interest TO 12/29/05 @ $11.51 PER DIEM = $1,900.66 Atty's Comm % $3500.00 Due Prothy $ 1.00 Atty Paid $132.13 Other Costs Plaintiff Paid Date: JANUARY 4, 2006 ~ CURTIS R. LONG (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DAVID A. BARIC, ESQ. Address: 19 W. SOUTH ST. CARLISLE P A 17013 Attorney for: PLAINTIFF Telephone: (717) 249-6873 Supreme Court ID No. 44853 Real Estate Sale # 47 On February 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 136 Greason Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 17, 2006 By: ~u .~ Rea~ate Sergeant ~ ~ ~ <5V ~..:;\ ~ II :f d 11- N~r qUnl Vd 'A.HH\uJ lJ\( \j l(jj'3Y~6J j:ln!3~"3\U .10 3:)U PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 LO'~ ~ ,'['I":H, :hl';'ry p'Jblic II ,~, I ''''f'''''' "o'r'v I . . "'..": ':~ \J'.,.: i;~".,.f'; '_ v ud".. J (V;'__: c;",:,.:;, :,.,: t"'" ; ,;'lr,~::l; r: r 09 ;, t....-._........".w>,.,,"''''''.......,,~.,"_'''''"'''^'''._........,'''''~. ~ :)~)':""~.JJ j-" REAL ESTATE SALE NO. 47 Writ No. 2005-5730 Civil Orrstown Bank vs. Dennis G. Deitch and Sharon L. Deitch Atty.: Dave Baric LEGAL DESCRIPTION ALL that certain tract ofland situ- ate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center line of L.R. # 21034 leading from Plainfield to Greason, which pin is North 4 degrees 48 minutes East 210 feet from the center line of Township Road # T -446; thence by other land of Lester Gerald Thumma and wife, North 85 de- grees 12 minutes West 210 feet to a stake; thence by the same, North 4 degrees 48 minutes East, 195 feet to a stake; thence by the same, South 85 degrees 12 minutes East, 210 feet to a pin in the center line of L.R. # 21034; thence by the cen- ter line of said road, south 4 de- grees 48 minutes West, 195 feet to the Place Of Beginning; Containing 40,950 square feet and being de- scribed according to a survey thereof by Noel B. Smith, R.S., dated September 8, 1972, a copy of which is attached hereto as part of this deed. BEING subject to a building set back line which is 40 feet West of the proposed right of way line of L.R. # 21034, which latter line is 25 feet West of the existing center line of said road. BEING the same premises which Lester Gerald Thumma and Gayle Ruth Thumma, husband and wife, by their Deed dated September 26, 1972, in the Cumberland County Recorder of Deeds Office in Deed Book "V". Volume 24, Page 253, granted and conveyed unto Dennis G. Deitch and Sharon L. Deitch, husband and wife, Grantors herein. PARCEL NO. 46-07-0475-028A. 1 -- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #47 . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013