HomeMy WebLinkAbout07-0807ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
j
v.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Terry J. Goodreau
10435B Bold Camp Road
Pund, Virginia 24279
Notice is hereby given to you of entry of a judgment against you in the above matter.
&-4Prothonot 1,e C-
Date: !7-14 ? /6 2??
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
I'
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Lori M. Goodreau
10435B Bold Camp Road
Pund, Virginia 24279
Notice is hereby given to you of entry of a judgment against you in the above matter.
Est
Prothono ary We
Date:
??
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE TO ENTER DEFAULT 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, Terry J. Goodreau and Lori M. Goodreau, for failure to file an answer to the
Complaint of Plaintiff.
A true and correct copies of the 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 $184,615.71 as set forth in the Complaint
plus $1,218.52 of interest for a total of $185,834.23.
Respectfully submitted,
?BA C & SC R
V v %Z??
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
i
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff i
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
f Defendants
I
I?
TO: Terry J. Goodreau
10435B Bold Camp Road
I Pund, Virginia 24279 '
1 Date of Notice: March 6, 2007
I?
IMPORTANT NOTICE
I YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
!I APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
f YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A i
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
I MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE" TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
i7 32 South Bedford Street i
Carlisle, Pennsylvania 17013
i Telephone: (717) 249-3166
!1
iI
y
1
O' R1EN, BARK AND SC .ER
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
(717) 249-6873
EXHIBIT "A"
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
v.
j TERRY J. GOODREAU and
?I LORI M. GOODREAU,
husband and wife,
Defendants
I
TO: Lori M. Goodreau
10435B Bold Camp Road
Pund, Virginia 24279
li
Date of Notice: March 6, 2007
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
?i APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
!f COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
i Cumberland County Bar Association
j 32 South Bedford Street
Carlisle, Pennsylvania 17013
j I Telephone: (717) 249-3166
O' E ANDS ERER
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
(717) 249-6873
t
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
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EXHIBIT IF Br'
CERTIFICATE OF SERVICE
I hereby certify that on March 14 , 2007, 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 party listed below, as follows:
Terry J. Goodreau
Lori M. Goodreau
10435B Bold Camp Road
Pund, Virginia 24279
David A. Baric, Esquire
Ns.
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• 'I
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- g07
CIVIL TERM
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
.
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- ?O ? CIVIL TERM
MORTGAGE FORECLOSURE
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys,
O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets
forth the following:
1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. The Defendant, Terry J. Goodreau, is an adult individual residing at 10435B Bold
Camp Road, Pund, Virginia 24279.
3. The Defendant, Lori M. Goodreau, is an adult individual residing at 10435B Bold
Camp Road, Pund, Virginia 24279.
4. By Deed dated March 18, 2005, the Estate of Harriet L. Lightner conveyed the
premises described in Exhibit "A", attached hereto and made a part hereof, to Terry J. Goodreau
and Lori M. Goodreau. This Deed was recorded in the Cumberland County Record Book 268,
Page 320, et seq., all of which pages are incorporated herein by reference and made a part hereof.
The premises are further described as being 712 Belvedere Street, Carlisle, Cumberland County,
Pennsylvania.
On or about March 18, 2005, Terry J. Goodreau and Lori M. Goodreau as
Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage
made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described
in Exhibit "A." This Mortgage was recorded in the Cumberland County Office of the Recorder
of Deeds for Cumberland County on March 23, 2005, at Cumberland County Record Book 1900,
Page 4671, et. seq., all of which pages are incorporated herein by reference and made a part
hereof.
6. A true and correct copy of the aforesaid Promissory 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".
7. Defendants have defaulted under the terms and conditions of the Mortgage and
Promissory Note by failing to make payment for the months of January and February, 2007.
8. Defendants are the present record owners of the premises described in Exhibit
"A" and are the real owner of the premises.
9. No notices are required under Act 6 or Act 91 as the original loan amount was in
excess of $50,000.00 and the property given as security is not the principal residence for the
Mortgagors.
10. Under the terms of the Mortgage and Promissory Note, if any monthly payment of
principal and interest is not made when due or any other obligations of the Promissory Note or
Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note
obligations shall become due and payable immediately at the declaration of Mortgagee.
11. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
12. The Promissory Note and Mortgage permit Plaintiff to recover its attorney fees
and costs.
13. The following amounts are presently due on the said Mortgage and Promissory
Note calculated to February 2, 2007:
Principal $174,109.96
Interest to 02/02/07 $ 1,684.43
(per diem of $29.72)
Other Charges $ 45.00
Late Charges $ 71.88
Attorney fees $ 8,705.44
(set for this Complaint 5%
of principal)
TOTAL: $184,615.71
WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of
$184,615.71 plus interest thereafter at the contract per diem from February 2, 2007, and costs,
attorney fees and expenses against Defendants, Mortgagors and real owners and seeks
foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto.
Respectfully submitted,
'BRIEN, BARI SCHERE
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Orrstown Bank
dab.dir/orrstownbank/goodreau/complaint.pld
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the best
of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire,
Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents
reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and
ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification.
I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating
to unsworn falsifications to authorities.
Dated:
David A. Baric, Esquire
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon
erected situate on the West side of Belvedere Street in the Borough of Carlisle,
Cumberland County, Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the
line dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands,
recorded in Plan Book 17, Page 17; thence along said dividing line, North 09 degrees
45 minutes 20 seconds West 166.99 feet to a point; thence by lands now or formerly of
James T. Ayre and wife, North 79 degrees 20 minutes 10 seconds East 136.20 feet to a
point on the West side of Belvedere Street; thence along the West side of Belvedere
Street by a curve to the left having a radius of 955.00 feet, a distance of 49.30 feet to a
point; thence continuing along the West side of Belvedere Street, South 13 degrees 16
minutes 20 seconds East 39 feet to a point; thence by a curve to the right forming the
intersection of Belvedere Street and Walnut Bottom Road, said curve having a radius of
30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place
of BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid
Plan and being Tract No. 1 of two tracts of ground, described in accordance with a
revised layout dated August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
Exhibit "A"
FIXED/ADJUSTABLE RATE NOTE
V
(One - Year Treasury Index - Rate Caps)
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST
RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE I MUST PAY.
March 18, 2005
[Date]
SHIPPENSBUGR, PA
[City / State]
712 BELVEDERE STREET, CARLISLE, PA 17013
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S. $178,000.00 (this amount is called "Principal"), plus interest, to the order of
Lender. Lender is ORRSTOWN BANK. I will make all payments under this Note in the form of cash, check or money order.
I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments
under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.750%.
The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of
this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the first day of each month beginning on May 1, 2005. 1 will make these payments every month until I
have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be
applied as of its scheduled due date and will be applied to interest before Principal. If, on April 1, 2035, 1 still owe amounts under this Note, I
will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at ORRSTOWN BANK, SEVEN GABLES, PO BOX 250, SHIPPENSBUGR, PA or at a different place if
required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $1,038.76. This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note
Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note.
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of May, 2012, and the adjustable interest
rate I will pay may change on that day every 12th month thereafter. Each date on which my initial fixed interest rate changes to an adjustable
interest rate, and each date on which my adjustable interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on
United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent
Index figure available as of the date 45 days before each Change Date is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder
will give me notice of this choice.
(C) Calculation of Changes
MULTISTATE FIMIADJUSTABLE RATE NOTE-1 YEAR TREASURY INDEX-Single Family- Famly Mae Uniform Inshurnot
Page 1 of 4
Form 3522101
Exhibit "B"
Before each Change Date, the Note Holder will calculate my new interest rate by adding two & 500/1000 percentage points (2.500%) to
the Current Index. The Note Holder will then :d the result of this addition to the nearest one-ei of one percentage point (0.125%).
Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate'; until the next Chang Dater
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaier principal that 1 am:
expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The re"sult.-of this
calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes )0-15 -75
The interest rate I am required to pay at the first Change Date will not be greater than -A4W% or less than-3-25". Thereafter, my
adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the
rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 10.750%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first
monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any
changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any
information required by law to be given to me and also the title and telephone number of a person who will answer any question 1 may have
regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment."
When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have
not made all the monthly payments due under this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use all of my
Prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued
and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial
Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My
partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any
reduction due to my partial Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges
collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be
refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will
pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this
late charge promptly but only once on each late payment.
(B) Default
If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the
Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that
amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if 1 am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example,
reasonable attorneys' fees.
8. GIVING OF NOTICES
MULTISTATE FIXED/ADJUSTABLE RATE NOTE-1 YEAR TREASURY INDDC-Single Family-Fantia Mae lMform Instnrr?nt
Form 3522 1101
Page 2 of 4
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by
unailing it by first class mail to me at the P•^oerty Address above or at a different address if I r' the Note Holder a notice of my different
address.'
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated
to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against
all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means
the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor' means the right to require the Note Holder to
give notice to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under
this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument"), dated the same date as this Note, protects the Note Holder
from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under
what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as
follows:
(A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant
18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property' means any
legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed,
contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future
date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and
a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment
in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
(B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant
IS of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security
Instrument shall instead read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any
legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed,
contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future
date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and
a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment
in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information
required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably
determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan
assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates
the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be
obligated under the Note and this Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
MULTISTATE FIXEDIADJUSTABLE RATE NOTE-1 YEAR TREASURY INDEX-Single Family-Fame Mae Unkfonn lnsbvmerkt Form 352211'01
Page 3 of 4
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
PAY TO THE ORDER OF
LORI M. GOODREAU - Borrower
[Sign Original Only)
- (Seal)
TERRY J. GOODREAU - Borrower
ey,ol (CIA??,( ?!?! l.? (Seal)
MULTISTATE FDMIADJUSTABLE RATE NOTE-1 YEM TREASURY INDDC-Single Family-Fannie Mae Uniform IrnatrunxN
Form 3522 1/01
Page 4 of 4
WITHOUT RECOURSE
ORRSTOWN BANK
Parcel Identificatign
Number: () y -
n/1^ r r
ZIEGLER
RECORDATION iO0S ?iflfl 23 Ail 8 57
REQUESTED BY:
ORRSTOWN BANK
SEVEN GABLES
PO BOX 250
SHIPPENSBUGR, PA
WHEN RECORDED MAIL f?..
TO:
ORRSTOWN BANK
P.O. BOX 250
SHIPPENSBURG, PA
17257
SEND TAX NOTICES TO:
ORRSTOWN BANK
P.O. BOX 250
SHIPPENSBURG, PA
17257
DEFINITIONS
[Space Above This Line For Recording Data]
PURCHASE MONEY MORTGAGE
,
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,
18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated March 18, 2005, together with all Riders to this
document.
(B) "Borrower" is TERRY J. GOODREAU and LORI M. GOODREAU. Borrower is the mortgagor under this Security
Instrument.
(C) "Lender" is ORRSTOWN BANK. Lender is a 1?? A MV- organized and existing under the laws
of Pennsylvania. Lender's address is SEVEN GABLES, PO BOX 250, SHIPPENSBUGR, PA. Lender is the mortgagee
under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated March 18, 2005. The Note states that Borrower
owes Lender One Hundred Seventy-eight Thousand & 00/100 Dollars (U.S. $178,000.00) plus interest. Borrower has
promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2035.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are'executed by Borrower. The following Riders are to
be executed by Borrower [check box as applicable]:
® Adjustable Rate Rider Condominium Rider a Second Home Rider
Balloon Rider Planned Unit Development Rider Other(s) [specify] _
F1 1-4 Family Rider Biweekly Payment Rider
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is
not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction
of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of
condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii)
any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 at seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"
refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the
Loan does not qualify as a "federally related mortgage loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 1 of 8
Exhibit "C"
Form 3039 1/01
Initials:: ;fir::'"
4 5 i t ', t? l,/
LJ1? 'I l.? 1
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following
described property located in the County of CUMBERLAND: Q 3
.. 6V8
Real Property tax identification number is 'a X
SEE ATTACHED
which currently has the address of 712 BELVEDERE STREET, CARLISLE, Pennsylvania 17013 ("Property Address"):
(All or part of the purchase price of the Property is paid for with the money loaned).
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument
received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of
the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check
or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender Is not obligated
to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its
scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until
Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,
Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might
have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due
under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other
amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than
one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists
after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any
late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender
under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the
payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments
shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and
where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a
covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in
Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower
shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
Page 2 of 8 Initials:;:'' ., : 1!?
days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
Impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is
residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or
decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.
If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of
or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or
any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or Inaccurate information or at to Lender (or failed to provide Lender with material
information) in connection with the Loan. Material representations include, but are not limited to, representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails
to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority
over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then
Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights
under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or
repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its
interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks,
replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in
writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance
coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance
and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance
previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in
effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage
is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were
due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding
the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender
required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in affect, or to provide a non-refundable loss reserve, until Lender's requirement for
Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation
to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be
characterized as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the
mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive
reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,
and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain
disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 0391/01
Page 4 of 8 Initi
nil
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge
Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,
unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless
an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,
that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds
held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if
any, and Community Association Dues, Fees, and Assessments, if -any. To the extent that these items are Escrow
Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the
lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or
take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but
not limited to, earthquakes and floods, for which Lender requires insurance. This Insurance shall be maintained in the
amounts (including deductible levels) and for the periods -that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be
chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood
zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting
from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lander's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in
the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts
shall bear interest at the Note rate from the date of disbursement and shall be payable, with such Interest, upon notice
from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form
of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy
shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that
such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower
any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall
not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given.
In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a)
Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums
paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
Page 3 of 8 Initials:
jn
i1
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if
the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in
the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to
Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or
not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against
whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as
provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of
Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by
Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a
waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and
benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under
this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the
absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a
prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:
(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)
any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.
If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made
by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30 .9 1
Page 5 of 8 Initials:<:>.>'9.'•:.;
a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through
that specified procedure. There may be only one designated notice address under this Security Instrument at any one
time. Any notice to Lender shall be given by delivering it or by mailing It by first class mail to Lender's address stated
herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law
and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security
Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or
implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a
prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the
Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the
Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; (b) words In the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must
pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing
this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under
this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting
Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may
require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by
Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d)
Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the
case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of
the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state
the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant
or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges
that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section
15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to
take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,
that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant
to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section
20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)
"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to
be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
Page 6 of 8 Initials: . 1
l6
substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition
caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If
Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or
other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender
for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action
required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to 4coeleration and foreclosure.
If the default Is not cured as specified, Lender at its option may require Immediate payment In. full of all sums secured
by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Section ,22, 1.1cluding,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Lqw.
23. Release. Upon payment of all sums secured by this Security Instrument,, this. Security Instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this
Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing
for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to
the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
Wit sses: %
0"kuLt, ??,,?- (Seal)
TERRY J. GOODREAU - Borrower
fi d) 4 Ateq ?(- (Seal)
-" LORI M. GOODREAU - Borrower
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows:
SEVEN GABLES, PO BOX 250, SHIPPENSBUGR, PA
l
9-L,
Atto a or Agent for Mortgagee
[Space Below This Line For Acknowledgment]
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Page 7 of 8
Form 3039 1 /01
Initials:`::?'.:. ?'
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
) SS
COUNTY OF (AA4M_1W_A__1aJKAL- )
I 0-a
day of " , 20 before me
On this, the
the undersigned Notary Public, personally appeared TERRY J. GOODREAU and
LORI M. GOODREAU, known to me (or satisfactorily proven) to be the person whose names are subscribed to the
within instrument, and acknowledged that they executed the soma for the purposes therein contained.
In witness whereof, I hereunto set my hand and fficial I. 1
I
COMMONWEALTH OF PENNSYLVANIA
F i
Eyconmission L lNOINY td Co Notary Public in and for the State of {+
Eom Nov. 4, 2007 N
Member, Pel,nsylvel+la Asaociatlon Of Notaries
WFA 8110 Lr?db9. V- 5.26.10.003 Cw HrWO Fb..W S.Wd n.. Ma 1897.1005. AN Not. MwwO. • ?A 0.9CFAMMUC TI1-8479 MF81 7 =,t•" ' ?
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
Page 8 of 8 Initials: .
EXHIBIT "A" - MORTGAGE LEGAL
ALL THAT CERTAIN tract of ground with the buildings and im provements thereon erected situate on the W est
side of Belvedere Street in the Borough of Carlisle, Cumberland County, Pennsylvania more particularly
bounded and described as f ollows:
BEGINNING at a point on the N orth side of Walnut Bottom Road, which point is in the line div iding Lots 146 and
155 as shown on the Plan of Section "E" of Heatherlands, recorded in Plan Book 17, Page 17; thence along said
dividing line, N orth 09 degrees 45 m inutes 20 seconds W est 166.99 feet to a point; thence by lands now or
formerly of James T. Ayre and wife, North 79 degrees 20 m inutes 10 seconds East 136.20 f eet to a point on the
West side of Belvedere Street; thence along the W est side of Belvedere Street by a curve to the left having a
radius of 955.0 feet, a distance of 49.30 feet to a point; thence continuing along the W est side of Belvedere
Street, South 13 degrees 16 m inutes 20 seconds East 39 f eet to a point; thence by a curve to the right forming
the intersection of Belvedere Street and Walnut Bottom Road, said curve having a radius of 30 feet, a distance
of 36.17 feet to a point; thence along the N orth side of the Walnut Bottom Road, South 55 degrees 48 m inutes
10 seconds West 134.88 feet to the place of BEGINNING.
THE ABOVE described tract is the m ajor portion of Lot 155 as shown on the aforesaid Plan and being T ract No.
1 of two tracts of ground, described in accordance w ith a revised layout dated August 26, 1968, by Gerrit J.
Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
n fy this to Lie recorded
,i Cumberland County PA
of Deeds
(GOODREAU.PFD/GOODREAU/27)
n`??,??otf79
FIXED/ADJUSTABLE RATE RIDER
(One-Year Treasury Index-Rate Caps)
THIS FIXED/ADJUSTABLE RATE RIDER is made this 18th day of March, 2005, and is incorporated into and shall
be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument') of the
same date given by the undersigned ("Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note') to
ORRSTOWN BANK ("Lender") of the same date and covering the property described in the Security Instrument and
located at:
712 BELVEDERE STREET, CARLISLE, PA 17013
[Property Address)
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED
INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE
LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE
CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE
BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of %. The Note also provides for a change in the
initial fixed rate to an adjustable interest rate as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate 1 will pay will change to an adjustable interest rate on the first day of May, 2012, and
the adjustable interest rate 1 will pay may change on that day every 12th month thereafter. The date on which my
initial fixed rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could
change, is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the
weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made
available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each
Change Date is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Change
Before the Change Date, the Note Holder will calculate my new interest rate by adding two & 500/1000
percentage points (2.500%) to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 40) below, this rounded
amount will be my new interest rate until the next Change Date.
MULTISTATE FIXED/ADJUSTABLE RATE RIDER ONE-YEAR TREASURY INDEX-Single Family-Fame Mae Urifam kabunwa
Page 1 of 3
Farm 3182 1/01
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 7.750% or less than
3.750%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by
more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest
rate will never be greater than 10.750%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment
changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable
interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will
include the amount of my monthly payment, any information required by law to be given to me and also the title and
telephone number of a person who will answer any question I may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,
the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be
in effect, and the provisions of the Uniform Covenant 18 of the Security Instrument shall be amended to read as
follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,
the intent of which is the transfer of title by Borrower at a future date to a purchaser.
MULTISTATE FIXED/ADJUSTABLE RATE RIDER ONE-YEAR TREASURY INDEX-Single Family-Fannie Mae Uniform Inevumwe
Page 2 of 3
Form 3182 101
Ui1 19 LJ 0INGb 68 1
.f
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender
also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by
Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender
reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a
breach of any covenant or agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under
the Note and this Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable
Rate Rider.
(Seal)
TE RY J. GOODREAU -Borrower
n/ . uy. /,-I ? L(lY/ / -'I- Z., (Seal)
LORI M. GOODREALI - Borrower
MULTISTATE FIXEDIADJUSTABLE RATE RiDER ONE-YEAR TREASURY INDEX-Single Family-Fanrie Mae UNram lnsvu "
Page 3 of 3 Form 3182 1101
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Complaint filed in this matter on
February 9, 2007.
Respectfully submitted,
O'BRIEN, B C & SCHERER
J
Date: ?167
David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/orrstownban Wgoodreau/substituteverification.pra
VERIFICATION
I, Betsy J. Smith, verify that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
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: a? . , 0 7 ; .
Betsy J. Smith, Collector
CERTIFICATE OF SERVICE
I hereby certify that on February 27, 2007, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Attach Substitute Verification, by first class U.S. mail,
postage prepaid, to the parties listed below, as follows:
Terry J. Goodreau
Lori M. Goodreau
10435B Bold Camp Road
Pund, Virginia 24279
David A. Baric, Esquire
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
AMENDED 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 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:
Terry J. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
Lori M. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
2. Name and address of defendants in the judgment:
Terry J. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
Lori M. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
t
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Orrstown Bank
MERS
Corinthian Mortgage Corporation
Cumberland County Tax Claim Bureau
4
77 East King Street
Shippensburg, Pennsylvania 17257
P.O. Box 2026
Flint, Michigan 48501-2026
13861 Sunrise Valley Drive
Suite 100
Herndon, Virginia 20171
One Courthouse Square
Carlisle, Pennsylvania 17013
Name and address of the last recorded holder of every mortgage of record:
Orrstown Bank
MERS
Corinthian Mortgage Corporation
5
77 East King Street
Shippensburg, Pennsylvania 17257
P.O. Box 2026
Flint, Michigan 48501-2026
13861 Sunrise Valley Drive
Suite 100
Herndon, Virginia 20171
Name and address of every other person who has any record lien on the property:
Orrstown Bank
Cumberland County Tax Claim Bureau
Mayor and Town Council of the
77 East King Street
Shippensburg, Pennsylvania 17257
One Courthouse Square
Carlisle, Pennsylvania 17013
Carlisle Borough Office
53 West South Street
Carlisle, Pennsylvania 17013
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: n/a
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale: n/a
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities.
Date: April 17, 2007
David A. Baric, Esquire
Attorney for Plaintiff
dab. dir/orrstownban Wgoodreau/amended3129.aff
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon erected
situate on the West side of Belvedere Street in the Borough of Carlisle, Cumberland County,
Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the line
dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands, recorded in Plan
Book 17, Page 17; thence along said dividing line, North 09 degrees 45 minutes 20 seconds West
166.99 feet to a point; thence by lands now or formerly of James T. Ayre and',wife, North 79
degrees 20 minutes 10 seconds East 136.20 feet to a point on the West side of Belvedere Street;
thence along the West side of Belvedere Street by a curve to the left having a radius of 955.00
feet, a distance of 49.30 feet to a point; thence continuing along the West side of Belvedere
Street, South 13 degrees 16 minutes 20 seconds East 39 feet to a point; thence by a curve to the
right forming the intersection of Belvedere Street and Walnut Bottom Road, said curve having a
radius of 30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid Plan and
being Tract No. 1 of two tracts of ground, described in accordance with a revised layout dated
August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
EXHIBIT "A"
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
I' Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
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,
R
5 RI EN, 7aSC
d A. Baric, Esquire
Davi
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
da b. dir/orrstownbank/goodreau/mailing.cer
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES
PROVIDE FOR INSURANCE-POSTMASTER f
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One piece of ordinary mail addressed to: TAIT
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PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE QF, r.
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,,DO
PROVIDE FOR INSURANCE-POSTMASTER
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One piece of ordinary mail addressed to:
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U.S. POSTAL SERVICE CERTIFICATE OF MA11 411 -?
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
PRAECIPE FOR WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
Please issue a Writ of Execution in the above matter.
Principal debt $185,834.23
Interest to 03/23/07 $ 237.76
(per diem $29.72)
TOTAL: $ 186,071.99
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O' EN, BARIC & SCHERE
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David A. Baric, Esquire
Pa I.D. 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
Date: April 5, 2007
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CERTIFICATE OF SERVICE
I hereby certify that on April 1? 12007, 1, David A. Baric, Esquire, of O'Brien,
Baric & Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
James M. Bach, Esquire
352 South Sporting Hill Road
Mechanicsburg, Pennsylvania 17050
6 1 .l .
David A. Baric, Esquire
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N02007-807 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Orrstown Bank 77 East King Street Shippensburg, PA
17257 Plaintiff (s)
From Terry J. Goodreau and Lori M. Goodreau, husband and wife
(1) You are directed to levy upon the property of the defendant (s)and to sell see legal description .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(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$185,834.23
L.L. $.50
Interest to 03/23/07 (per diem $29.72) $237.76
Atty's Comm %
Atty Paid $151.59
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: April 9, 2007
(Seal)
C is R. Long, P onot
By:
Deputy
REQUESTING PARTY:
Name David A. Baric, Esq.
Address: O'Brien, Baric & Scherer
19 West South St.
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: (717)249-6873
Supreme Court ID No. 44853
i
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
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 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:
Terry J. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
Lori M. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
2. Name and address of defendants in the judgment:
Terry J. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
Lori M. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
s 1-?
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Orrstown Bank
MERS
Corinthian Mortgage Corporation
Cumberland County Tax Claim Bureau
4.
77 East King Street
Shippensburg, Pennsylvania 17257
P.O. Box 2026
Flint, Michigan 48501-2026
13861 Sunrise Valley Drive
Suite 100
Herndon, Virginia 20171
One Courthouse Square
Carlisle, Pennsylvania 17013
Name and address of the last recorded holder of every mortgage of record:
Orrstown Bank
5
77 East King Street
Shippensburg, Pennsylvania 17257
Name and address of every other person who has any record lien on the property:
Orrstown Bank
Cumberland County Tax Claim Bureau
Mayor and Town Council of the
6.
77 East King Street
Shippensburg, Pennsylvania 17257
One Courthouse Square
Carlisle, Pennsylvania 17013
Carlisle Borough Office
53 West South Street
Carlisle, Pennsylvania 17013
Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: n/a
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale: n/a
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authoriti
Date: April 5, 2007
David A. Baric, Esquire
Attorney for Plaintiff
dab.dir/orrstownbank/goodreau/3129.aff
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon erected
situate on the West side of Belvedere Street in the Borough of Carlisle, Cumberland County,
Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the line
dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands, recorded in Plan
Book 17, Page 17; thence along said dividing line, North 09 degrees 45 minutes 20 seconds West
166.99 feet to a point; thence by lands now or formerly of James T. Ayre and wife, North 79
degrees 20 minutes 10 seconds East 136.20 feet to a point on the West side of Belvedere Street;
thence along the West side of Belvedere Street by a curve to the left having a radius of 955.00
feet, a distance of 49.30 feet to a point; thence continuing along the West side of Belvedere
Street, South 13 degrees 16 minutes 20 seconds East 39 feet to a point; thence by a curve to the
right forming the intersection of Belvedere Street and Walnut Bottom Road, said curve having a
radius of 30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid Plan and
being Tract No. 1 of two tracts of ground, described in accordance with a revised layout dated
August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
EXHIBIT "A"
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
NOTICE PURSUANT TO PA. R.C.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 Terry J. Goodreau and Lori M. Goodreau.
Orrstown Bank
Cumberland County Tax Claim Bureau
Mayor and Town Council of the
Borough of Carlisle
MERS
Corinthian Mortgage Corporation
77 East King Street
Shippensburg, Pennsylvania 17257
One Courthouse Square
Carlisle, Pennsylvania 17013
Carlisle Borough Office
53 West South Street
Carlisle, Pennsylvania
P.O. Box 2026
Flint, Michigan 48501-2026
13861 Sunrise Valley Drive
Suite 100
Herndon, Virginia 20171
You are hereby notified that on , at a.m./p.m.,
prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of
Cumberland County, Pennsylvania, on the judgment of Orrstown Bank v. Terry J. Goodreau and
Lori M. Goodreau, No. 2007-807, the Sheriff of Cumberland County, Pennsylvania will expose
at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania, real estate of Terry J. Goodreau and Lori M. Goodreau, known and numbered 712
Belvedere Street, Carlisle, Cumberland County, Pennsylvania, with a parcel number 04-22-0481-
136. A description of said real estate is hereto attached.
it
You are further notified that a Schedule of Distribution of Proposed Distribution will be
filed by the Sheriff of Cumberland County on , and distribution
will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10)
days thereafter.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said
Sheriffs Sale.
5b?
DATE:
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/orrstownban k/good reau/3129. me
4
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon erected
situate on the West side of Belvedere Street in the Borough of Carlisle, Cumberland County,
Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the line
dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands, recorded in Plan
Book 17, Page 17; thence along said dividing line, North 09 degrees 45 minutes 20 seconds West
166.99 feet to a point; thence by lands now or formerly of James T. Ayre and wife, North 79
degrees 20 minutes 10 seconds East 136.20 feet to a point on the West side of Belvedere Street;
thence along the West side of Belvedere Street by a curve to the left having a radius of 955.00
feet, a distance of 49.30 feet to a point; thence continuing along the West side of Belvedere
Street, South 13 degrees 16 minutes 20 seconds East 39 feet to a point; thence by a curve to the
right forming the intersection of Belvedere Street and Walnut Bottom Road, said curve having a
radius of 30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid Plan and
being Tract No. 1 of two tracts of ground, described in accordance with a revised layout dated
August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
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
712 Belvedere Street, Carlisle, Cumberland County, Pennsylvania, with a parcel number 04-22-
0481-136 and described as follows:
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon
erected situate on the West side of Belvedere Street in the Borough of Carlisle,
Cumberland County, Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the
line dividing Lots 146 and 155 as shown on the Plan of Section "B" of Heatherlands,
recorded in Plan Book 17, Page 17; thence along said dividing line, North 09 degrees 45
minutes 20 seconds West 166.99 feet to a point; thence by lands now or formerly of
James T. Ayre and wife, North 79 degrees 20 minutes 10 seconds East 136.20 feet to a
point on the West side of Belvedere Street; thence along the West side of Belvedere
Street by a curve to the left having a radius of 955.00 feet, a distance of 49.30 feet to a
point; thence continuing along the West side of Belvedere Street, South 13 degrees 16
minutes 20 seconds East 39 feet to a point; thence by a curve to the right forming the
intersection of Belvedere Street and Walnut Bottom Road, said curve having a radius of
30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid
Plan and being Tract No. 1 of two tracts of ground, described in accordance with a
revised layout dated August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
Id
2) If you have any questions concerning this Notice, you should contact your
attorney.
3) The time and place of the Sheriffs Sale is
at a.m./p.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania.
4) The sale is being held on Judgment entered in Orrstown Bank v. Terry J.
Goodreau and Lori M. Goodreau, husband and wife, docketed to 2007-807 in the Court of
Common Pleas of Cumberland County.
5) The name of the owners or reputed owners are Terry L. Goodreau and Lori M.
Goodreau.
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,
P?RRIEN, BARIC SCH
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
DATE: April 5, 2007
dab. dir/orrstownbank/good reau/sale. ntc
Of
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon erected
situate on the West side of Belvedere Street in the Borough of Carlisle, Cumberland County,
Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the line
dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands, recorded in Plan
Book 17, Page 17; thence along said dividing line, North 09 degrees 45 minutes 20 seconds West
166.99 feet to a point; thence by lands now or formerly of James T. Ayre and wife, North 79
degrees 20 minutes 10 seconds East 136.20 feet to a point on the West side of Belvedere Street;
thence along the West side of Belvedere Street by a curve to the left having a radius of 955.00
feet, a distance of 49.30 feet to a point; thence continuing along the West side of Belvedere
Street, South 13 degrees 16 minutes 20 seconds East 39 feet to a point; thence by a curve to the
right forming the intersection of Belvedere Street and Walnut Bottom Road, said curve having a
radius of 30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid Plan and
being Tract No. 1 of two tracts of ground, described in accordance with a revised layout dated
August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
AFFIDAVIT OF ADDRESS
I, David A. Baric, Esquire, do hereby affirm that the last known address of the
Defendants, Terry J. Goodreau and Lori M. Goodreau, is 10435B Bold Camp Road, Pound, Wise
County, Virginia 24279 and that the Defendants are the owners of the mortgaged property.
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
SWORN TO AND
SUBSCRIBED BEFORE
ME THIS 5TH DAY OF APRIL, 2007.
No ub 'c
tJ
.,
Seai
,fiennifer S. is_y, Notary Public
Cp-rlisle Soro, Cu mberland County
p r rr ls<Yi ".•; N'ov. 29, 2007
Of Ncter'5$
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
MORTGAGE FORECLOSURE
AFFIDAVIT REGARDING NOTICE
PURSUANT TO ACT 91
I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notices required pursuant
to Act 91 and Act 6 are not required for this matter as the original loan amount was in excess of
$50,000.00 and the property given as security is not the principal residence of the Defendants.
O'BRIEN, BARIC & SCHERE
4 . r_
David A. Baric, Esquire
SWORN TO AND
SUBSCRIBED BEFORE ME
THIS 5TH DAY OF APRIL, 2007.
tl,f
o ? P 1'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
C?D
Cr
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is
counsel to the Plaintiff herein, and as such states the following:
1. The Defendant, Lori M. Goodreau, is not in the military or naval service of the
United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil
Relief Act of 1940, as amended.
2. The Defendant, Lori M. Goodreau, is more than 21 years of age and has a current
address of 10435B Bold Camp Road, Pound, Virginia 24279.
3. He has ascertained the above information by personal investigat' n and makes this
Affidavit with due authority.
l ?
David A. Baric, Esquire
Sworn to and subscribed before me
this 5th day of April, 2007.
0
Jennifer S. Lot-
CES
- ? n r
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
ss.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is
counsel to the Plaintiff herein, and as such states the following:
1. The Defendant, Terry J. Goodreau, is not in the military or naval service of the
United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil
Relief Act of 1940, as amended.
2. The Defendant, Terry J. Goodreau, is more than 21 years of age and has a current
address of 10435B Bold Camp Road, Pound, Virginia 24279.
3. He has ascertained the above information by personal investigati n and makes this
Affidavit with due authority.
David A. Baric, Esquire
Sworn to and subscribed before me
this 5th day of April, 2007.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
Vs
TERRY J. GOODREAU and
LORI M. GOODREAU,
Husband and wife
Defendants
Case No. 2007-807 CIVIL TERM
DISCLAIMER OF INTEREST
Comes now Corinthian Mortgage Corporation DBA SouthBanc Mortgage and for its
response to the Complaint of the Plaintiff herein, states that it disclaims any interest in the
subject real estate at 412 Belvedere Street, Carlisle, PA 17013, Cumberland County, PA.
This party requests that no further pleadings in this action be sent to it or to its counsel.
This the 25th day of April, 2007
Respectfully submitted
CORINTHIAN MORTGAGE CORPORATION DBA SOUTHBANC MORTGAGE
By:XX'
ebby Kelso ice President
STATE OF KANSAS
JOHNSON COUNTY
I, the undersigned, a notary public in and for said county in said state, hereby certify that
Debby Kelso, whose name as Vice President of Corinthian Mortgage Corporation, is
signed to the foregoing instrument, and who is known to me, acknowledged before me on
this day that, being informed of the contents of said instrument, she, as such officer and
with full authority, executed the same voluntarily for and as the act of said corporation.
Given under my hand and official seal this 25th day of April, 2007.
Seal:
NOTARY PUBUC -- State of Kansas
BEN ROBERT BYERS
My AWL Ev, rte- /c- 2 ard
4...7
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}
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
'CASE NO: 2007-00807 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS.
GOODREAU TERRY J ET AL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT GOODREAU TERRY J ,
by United States Certified Mail postage
prepaid, on the 13th day of February 2007 at 1000:00 HOURS, at
10435 B BOLD CAMP ROAD
POUND, VA 24279 , a true
and attested copy of the attached COMPLAINT - MORT FORE Together
with
The returned
receipt card was signed by LORI GOODREAU
02/16/2007
Additional Comments:
on
Sheriff's Costs:
Docketing
Cert Mail
Postage
Surcharge
So answ r.--
18.00
5.60 R. Thomas Kline
.39 Sheriff of Cumberland County
10.00
.00
33.99/ -310 4,8 7
Paid by OBRIEN BARIC SCHERER
Sworn and Subscribed to before me this
day of
on 02/21/2007 .
A. D.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2007-00807 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS.
GOODREAU TERRY J ET AL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT GOODREAU LORI M ,
by United States Certified Mail postage
prepaid, on the 13th day of February ,2007 at 1000:00 HOURS, at
10435B BOLD CAMP ROAD
POUND, VA 24279 , a true
and attested copy of the attached COMPLAINT - MORT FORE Together
with
. The returned
receipt card was signed by LORI GOODREAU
02/16/2007 .
Additional Comments:
on
Sheriff's Costs:
Docketing
Cert Mail
Affidavit
Surcharge
So ans ?, g!:5-
6.00
5.60 R. Thomas Kline
.00 Sheriff of Cumberland County
10.00
21.60 ? 3jov/0-1
Paid by OBRIEN BARIC SCHERER
Sworn and Subscribed to before me this
day of ,
on 02/21/2007
A.D.
UNITED STATES?T , ..: • erlxlO:.
+4 in this ox
Please print your name, add,-e,;s, end ZIP
• Sender: .
LAND COUNTY SHERI,,.,S I)EQARTMENI
CUMBER
ONE COURTP
CARLISLE AU17013UARE
¦ Complete items 1, 2, and 3.
item 4 if Restricted Also complete
¦ Print your name deliveryis desired.
so that we can return athe card °to yo reverse
• Attach this card to the back of the u.
or on the front if space mailpiece,
Permits.
1 • Article Addressed to:
0Terry B . Bold
Pound, VA 24279 P ?o
2.
I A. Sign re
X
-% 0 Agent
B• Received by (Printed Name Addressee
C. Date of Delivery
D. Is delivery _c I
address different from kern 1? 0 Yes
If YES, enter delivery address
below: ? No
3y• Sice Type
"'V Certified Mall C] E*press Mail
0 Registered 0 Return
0 Insured Mail 0 C.O.D. for Merchandise
.
7 0 0 5 4• Restricted Delivery? (Extra Fee)
1620 11 002 4619 ni-TL 13 Yes
?V?^, }.?,.
UNITED STATET?3:-[ {} :a?,
"• rint your name, address, and ZIP+4 in this box •
Sender: Please Print
CUMBERLAND COUNT`( SpIFF S DEPARTMENT
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
¦ Complete items 11 21 and 3.
item 4 if Restricted Delivery Also complete desired.
¦ Print your name and addres on the averse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space
permits.
7. Article Addressed to:
Lori M, Goodreau
10435 B Bold Camp Road
Pound, VA 24279
I A. Sig re
X L? , 0 Agent
B. Received by (Printed Name) C D C7 Addre ssee
Date of Delivery
` 9
D. Is delivery address different from ite m 1 ? []Yes
If YES, enter delivery address below:
? No
3• Service Type
Certified Mail ? Express Mail
13 Registered ? Return Receipt for Merchandise
? Insured Mail E3 C.O.D.
4. Restricted Delivery? (tm Fee)
7 08 1820 0002 4619 0609 13 Yes
o?
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES
NOW, comes Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER,
and files the within Petition for Reassessment of Damages and, in support thereof, sets forth the
following:
1. A complaint in mortgage foreclosure was filed on February 9, 2007.
2. An in rem judgment was entered on March 16, 2007.
3. Orrstown Bank wishes to proceed at this time with having the mortgaged premises
are to be sold at Sheriff's Sale.
4. Additional sums have been incurred or expended on behalf of the Defendants since
the complaint was filed and Defendants have been given credit for any payments that have been
made since the entry of judgment, if any.
5. The amount of damages should now read as follows:
Principal Balance $174,109.96
Interest from 03/16/07 through 07/03/07 $ 5,894.74
Per diem $29.72
Late Charges $ 431.28
Legal Fees $ 8,705.44
Othr charges/fees $ 785.25
Real Estate Taxes $
Sheriff's posting $ 2.500.00
TOTAL: $192,426.67
6. Under the terms of the mortgage, which is recorded in the Office of the Recorder of
Deeds at Land Record Book 1900, Page 4671 et seq., all of which pages are incorporated herein by
reference, Plaintiff is entitled to judgment in the amount as set forth in paragraph five herein against
the Defendants.
WHEREFORE, Plaintiff respectfully requests this Court issue an Order to the Prothonotary
to reassess the damages as set forth above.
Respectfully submitted,
O' EN, BARI SC
David A. Baric, Esquire
I.D. No. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab\OrrstownBank\Goodreau\reassessdamage.pet
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that on July 6, 2007, I, Tina M. Ascani, Esquire of O'Brien, Baric & Scherer,
did serve a copy of the Brief Of Law In Support Of Plaintiff's Motion To Reassess Damages, by U. S.
First Class mail, postage prepaid, to the party listed below, as follows:
Terry J Goodreau
Lori M Goodreau
10435B Bold Camp Road
Pund, Virginia 24279
Tina M. Ascani, Secretary
'
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
MORTGAGE FORECLOSURE
AMENDMENT TO PETITION FOR REASSESSMENT OF DAMAGES
6. Under the terms of the mortgage, which is recorded in the Office of the Recorder of
Deeds at Land Record Book 1900, Page 4671 et seq., all of which pages are incorporated herein by
reference, Plaintiff is entitled to judgment in the amount as set forth in paragraph five herein against
the Defendants.
7. No judge has ruled on any issue in this or related matter.
8. There is no counsel of record for Defendants.
WHEREFORE, Plaintiff respectfully requests this Court issue an Order to the Prothonotary
to reassess the damages as set forth above.
Respectfully submitted,
O'BRIEN, BARIC &"SCHER R
David A. Baric, Esquire
I.D. No. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
dab.dir/orrstownbank/goodreau/amendedreassessdamage.pet
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JUL I2 2007
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
Jw RULE
AND NOW, this 7 day of , 2007, a Rule is entered upon the
Defendants, Terry G. Goodreau and Lori M. Goodreau to show cause why the attached Order For
Reassessment Of Damages should not be entered.
RULE RETURNABLE 0 days from servjce- -
BY THE COU)(T,
J.
u l'~L' Pon
UU
-'Hi JC)
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN,
BARIC & SCHERER, and files the within Motion to Make Rule Absolute and, in support
thereof, sets forth the following:
1. Plaintiff filed a Petition For Reassessment Of Damages in this matter, a true and
correct copy of said Petition is attached hereto as Exhibit "A" and is incorporated.
2. By Rule dated July 27, 2007, the Honorable Edward Guido directed the
Defendants to show cause why the Motion should not be granted within twenty (20) days of
service. A true and correct copy of the Rule is attached hereto as Exhibit "B" and is
incorporated.
3. To August 21, 2007, no answer has been filed by the Defendants.
WHEREFORE, Plaintiff requests that the rule be made absolute and the Court reassess
Plaintiffs damages in this matter.
Respectfully submitted,
RIEN, BARI & SCH
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/orrstownbank/goodreau/ruleabsolute.mot
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM n
O 0
TERRY J. GOODREAU and r-T-
LORI M. GOODREAU, MORTGAGE FORECLOSURE -- '?
husband and wife,
Defendants
rn
PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGE:
NOW, comes Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER,
and files the within Petition for Reassessment of Damages and, in support thereof, sets forth the
following:
1. A complaint in mortgage foreclosure was filed on February 9, 2007.
2. An in rem judgment was entered on March 16, 2007.
3. Orrstown Bank wishes to proceed at this time with having the mortgaged premises
are to be sold at Sheriff's Sale.
4. Additional sums have been incurred or expended on behalf of the Defendants since
the complaint was filed and Defendants have been given credit for any payments that have been
made since the entry of judgment, if any.
5. The amount of damages should now read as follows:
Principal Balance $174,109.96
Interest from 03/16/07 through 07/03/07 $ 5,894.74
Per diem $29.72
Late Charges $ 431.28
Legal Fees $ 8,705.44
Othr charges/fees $ 785.25
Real Estate Taxes $
Sheriffs posting $ 2.500.00
TOTAL: $192,426.67
6. Under the terms of the mortgage, which is recorded in the Office of the Recorder of
Deeds at Land Record Book 1900, Page 4671 et seq., all of which pages are incorporated herein by
reference, Plaintiff is entitled to judgment in the amount as set forth in paragraph five herein against
the Defendants.
WHEREFORE, Plaintiff respectfully requests this Court issue an Order to the Prothonotary
to reassess the damages as set forth above.
Respectfully submitted,
O' N, BARI SC
David A. Baric, Esquire
I.D. No. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab\OrrstownBa nk\Coodreau\reassessdamage.pet
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that on July 6, 2007, I, Tina M. Ascani, Esquire of O'Brien, Baric & Scherer,
did serve a copy of the Brief Of Law In Support Of Plaintiff's Motion To Reassess Damages, by U. S.
First Class mail, postage prepaid, to the party listed below, as follows:
Terry J Goodreau
Lori M Goodreau
10435B Bold Camp Road
Pund, Virginia 24279
(Xzl-k -)W. 6Wzc?-
Tina M. Ascani, Secretary
L
JUL 121007
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
?w RULE
AND NOW, this 7 day of Se--9-4y , 2007, a Rule is entered upon the
Defendants, Terry G. Goodreau and Lori M. Goodreau to show cause why the attached Order For
Reassessment Of Damages should not be entered.
RULE RETURNABLE 0 days from
BY THE COUJ?,T,
J.
TRUE Cn°Y FRnM,RECORD
to T imory ' e?t my hand
an th seamy, P
"EXHIBIT "B" Th
CERTIFICATE OF SERVICE
I hereby certify that on August6?(;?- , 2007, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U.S. mail, postage
prepaid, to the parties listed below, as follows:
Terry J. Goodreau
Lori M. Goodreau
125 Third Street
P.O. Box 104
Boiling Springs, Pennsylvania 17007
David A. Baric, Esquire
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2007- 807 CIVIL TERM
TERRY J. GOODREAU and
LORI M. GOODREAU, MORTGAGE FORECLOSURE
husband and wife,
Defendants
ORDER OF COURT
AND NOW, this day of 2007, upon review of the
attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously
issued relative to this matter is absolute and Plaintiffs damage shall be reassessed as follows:
Principal Balance $174,109.96
Interest from 03/16/07 through 07/03/07 $ 5,894.74
Per diem $29.72
Late Charges $ 431.28
Legal Fees $ 8,705.44
Other charges/fees $ 785.25
Real Estate Taxes $
Sheriff's posting $ 2.500.00
TOTAL: $192,426.67
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Orrstown Bank is the grantee the same having been sold to said grantee on
the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 9th day of April,
A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 8079 at
the suit of Orrstown Bank against Terry J Goodreau & Lori M is duly recorded as Instrument Number
200737174.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this a day of
, A.D. dry
Reoader of Deek
My NnrpuMEqCwf'beWWC ftCeW. PA
Ws the Fret Monday dJrt.2010
Orrstown Bank In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
Terry J. Goodreau and Lori M. Goodreau Writ No. 2007-807 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the
within Real Estate Writ of Execution, Notice of Sheriffs Sale and Description, in the above entitled
action, in the following manner: The Sheriff mailed by certified mail, return receipt requested to
the within named defendants, Terry J. Goodreau and Lori M. Goodreau, a true and correct copy of
the above listed action to their last known address of 10435B Bold Camp Road, Pound, VA 24279.
These letters were mailed under the date of April 19, 2007. The letters were received by Terry J.
Goodreau and Lori M. Goodreau on April 27, 2007. The return receipt cards were signed by Terry
J. Goodreau (accepted service of both letters) and returned to the Cumberland County Sheriffs
Office.
Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July
10, 2007 at 1538 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Terry J. Goodreau and Lori M.
Goodreau located at 712 Belvedere Street, Carlisle, Cumberland County, Pennsylvania according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendants, to wit: Terry J.
Goodreau and Lori M. Goodreau, by regular mail to their last known address of 10435B Bold Camp
Road, Pound, VA 24279. These letters were mailed under the date of July 2, 2007 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 5,
2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David Baric, on
behalf of Orrstown Bank. It being the highest bid and best price received for the same, Orrstown
Bank of 77 East King Street, Shippensburg, PA 17257 being the buyer in this execution, paid to
Sheriff R. Thomas Kline the sum of $990.49.
Sheriff s Costs:
Docketing $30.00
Poundage 19.42
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Certified Mail 4.80
Mileage 9.28
Levy 15.00
Surcharge 30.00
Law Journal 355.00
Patriot News 356.30
Share of Bills 15.69
Distribution of Proceeds
Sheriffs Deed
25.00
39.50
$ 990.49 ?
So Answer • ??
R. Thomas Kline, Sheriff
BY
Real Estate rgeant
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CA 6041v
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
i
I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets
i
forth as of the date of the Writ of Execution was filed the following information concerning the
real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by
reference.
1.
2.
Name and address of owners or reputed owners:
Terry J. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
Lori M. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
Name and address of defendants in the judgment:
Terry J. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
Lori M. Goodreau
10435B Bold Camp Road
Pound, Virginia 24279
v
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Orrstown Bank
MERS
Corinthian Mortgage Corporation
Cumberland County Tax Claim Bureau
77 East King Street
Shippensburg, Pennsylvania 17257
P.O. Box 2026
Flint, Michigan 48501-2026
13861 Sunrise Valley Drive
Suite 100
Herndon, Virginia 20171
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
5. Name and address of every other person who has any record lien on the property:
Orrstown Bank 77 East King Street
Shippensburg, Pennsylvania 17257
Cumberland County Tax Claim Bureau One Courthouse Square
Carlisle, Pennsylvania 17013
Mayor and Town Council of the Carlisle Borough Office
53 West South Street
Carlisle, Pennsylvania 17013
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: n/a
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale: n/a
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unworn falsifications to authoriti
Date: April 5, 2007 1
David A. Baric, Esquire
Attorney for Plaintiff
dab.dir/orrstownbank/goodreau/3129.aff
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon erected
situate on the West side of Belvedere Street in the Borough of Carlisle, Cumberland County,
Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the line
dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands, recorded in Plan
Book 17, Page 17; thence along said dividing line, North 09 degrees 45 minutes 20 seconds West
166.99 feet to a point; thence by lands now or formerly of James T. Ayre and wife, North 79
degrees 20 minutes 10 seconds East 136.20 feet to a point on the West side of Belvedere Street;
thence along the West side of Belvedere Street by a curve to the left having a radius of 955.00
feet, a distance of 49.30 feet to a point; thence continuing along the West side of Belvedere
Street, South 13 degrees 16 minutes 20 seconds East 39 feet to a point; thence by a curve to the
right forming the intersection of Belvedere Street and Walnut Bottom Road, said curve having a
radius of 30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid Plan and
being Tract No. 1 of two tracts of ground, described in accordance with a revised layout dated
August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
EXHIBIT "A"
it
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
TERRY J. GOODREAU and
LORI M. GOODREAU,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007- 807 CIVIL TERM
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
712 Belvedere Street, Carlisle, Cumberland County, Pennsylvania, with a parcel number 04-22-
0481-136 and described as follows:
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon
erected situate on the West side of Belvedere Street in the Borough of Carlisle,
Cumberland County, Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the
line dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands,
recorded in Plan Book 17, Page 17; thence along said dividing line, North 09 degrees 45
minutes 20 seconds West 166.99 feet to a point; thence by lands now or formerly of
James T. Ayre and wife, North 79 degrees 20 minutes 10 seconds East 136.20 feet to a
point on the West side of Belvedere Street; thence along the West side of Belvedere
Street by a curve to the left having a radius of 955.00 feet, a distance of 49.30 feet to a
point; thence continuing along the West side of Belvedere Street, South 13 degrees 16
minutes 20 seconds East 39 feet to a point; thence by a curve to the right forming the
intersection of Belvedere Street and Walnut Bottom Road, said curve having a radius of
30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid
Plan and being Tract No. 1 of two tracts of ground, described in accordance with a
revised layout dated August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
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 13, 2007
at 10 : 0 0 a.m.4M., in the Cumberland County Courthouse, Carlisle, Pennsylvania.
4) The sale is being held on Judgment entered in Orrstown Bank v. Terry J.
Goodreau and Lori M. Goodreau, husband and wife, docketed to 2007-807 in the Court of
Common Pleas of Cumberland County.
5) The name of the owners or reputed owners are Terry L. Goodreau and Lori M.
Goodreau.
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,
P)kRIEN, BARIC SCH
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
DATE: April 5, 2007
dab.dir/orrstownbank/goodreau/sale.nte
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t?
I
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of ground with the buildings and improvements thereon erected
situate on the West side of Belvedere Street in the Borough of Carlisle, Cumberland County,
Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the North side of Walnut Bottom road, which point is in the line
dividing Lots 146 and 155 as shown on the Plan of Section "E" of Heatherlands, recorded in Plan
Book 17, Page 17; thence along said dividing line, North 09 degrees 45 minutes 20 seconds West
166.99 feet to a point; thence by lands now or formerly of James T. Ayre and wife, North 79
degrees 20 minutes 10 seconds East 136.20 feet to a point on the West side of Belvedere Street;
thence along the West side of Belvedere Street by a curve to the left having a radius of 955.00
feet, a distance of 49.30 feet to a point; thence continuing along the West side of Belvedere
Street, South 13 degrees 16 minutes 20 seconds East 39 feet to a point; thence by a curve to the
right forming the intersection of Belvedere Street and Walnut Bottom Road, said curve having a
radius of 30 feet, a distance of 36.17 feet to a point; thence along the North side of the Walnut
Bottom Road, South 55 degrees 48 minutes 10 seconds West 134.88 feet to the place of
BEGINNING.
THE ABOVE described tract is the major portion of Lots 155 as shown on the aforesaid Plan and
being Tract No. 1 of two tracts of ground, described, in accordance with a revised layout dated
August 26, 1968, by Gerrit J. Betz, R.S.
HAVING THEREON erected a dwelling commonly known as 712 Belvedere Street.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N02007-807 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Orrstown Bank 77 East King Street Shippensburg, PA
17257 Plaintiff (s)
From Terry J. Goodreau and Lori M. Goodreau, husband and wife
(1) You are directed to levy upon the property of the defendant (s)and to sell see legal description .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$185,834.23
Interest to 03/23/07 (per diem $29.72) $237.76
Atty's Comm %
Atty Paid $151.59
Plaintiff Paid
Date: April 9, 2007
(Seal)
L.L.$.50
Due Prothy $2.00
Other Costs
Curtis It. Long, Pr otary
By:
Deputy
REQUESTING PARTY:
Name David A. Baric, Esq.
Address: O'Brien, Baric & Scherer
19 West South St.
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: (717)249-6873
Supreme Court ID No. 44853
Real Estate Sale # 12
On April 16, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Carlisle Borough, Cumberland County, PA
Known and numbered as 712 Belvedere Street,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: April 16, 2007 By
Real Esta Sergeant
r
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st
day(s) of August 2007. 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
SALE #12
Sworn to and subscribed before me this 20th day of August 2007 A.D.
Nota-.0? SO-al
a Terry L. Russeii, 1110taly RJUC
j City Of Harrisburg, Dauphin County
My Cgwission Expires jurle (3, 20i;
C> ..nnsv?v=ln'n.4S .?$tlr ri .'+f M1rt,?rj. .-
r
NOT AY PUBLI
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
?'..
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
??--
?"-
isa arie Coyne, ;?Itor
SWORN TO AND SUBSCRIBED before me this
3 day of August, 2007
C Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary KXft
CARLISLE BORO, CUMBERLAND COUNTY
My Common Expirm Apr 26, 2010
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of 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:
July 20, July 27, and August 3, 2007
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.
FAAL WTATS `1 Z 50. 12
D r 0
Writ No. 2007-807 Civil
Orrstown Bank
VS.
Terry J. Goodreau and
Lori M. Goodreau
Atty.: David Baric
DESCRIPTION
ALL THAT CERTAIN tract of
ground with the buildings and im-
provements thereon erected situate
on the West side of Belvedere Street
in the Borough of Carlisle, Cumber-
land County, Pennsylvania more
particularly bounded and described
as follows:
BEGINNING at a point on the
North side of Walnut Bottom road,
which point is in the line dividing
Lots 146 and 155 as shown on the
Plan of Section "E" of Heatherlands,
recorded in Plan Book 17, Page 17;
thence along said dividing line, North
09 degrees 45 minutes 20 seconds
West 166.99 feet to a point; thence
by lands now or formerly of James
T. Ayre and wife, North 79 degrees
20 minutes 10 seconds East 136.20
feet to a point on the West side of
Belvedere Street; thence along the
West side of Belvedere Street by a
curve to the left having a radius of
955.00 feet, a distance of 49.30 feet
to a point; thence continuing along
the West side of Belvedere Street,
South 13 degrees 16 minutes 20 sec-
onds East 39 feet to a point; thence
by a curve to the right forming the
intersection of Belvedere Street and
Walnut Bottom Road, said curve hav-
ing a radius of 30 feet, a distance of
36.17 feet to a point; thence along
the North side of the Walnut Bottom
Road, South 55 degrees 48 minutes
10 seconds West 134.88 feet to the
place of BEGINNING.
THE ABOVE described tract is the
major portion of Lots 155 as shown
on the aforesaid Plan and being Tract
No. I of two tracts of ground, de-
scribed in accordance with a revised
layout dated August 26, 1968, by
Gerrit J. Betz, R.S.
HAVING THEREON erected a
dwelling commonly known as 712
Belvedere Street.