HomeMy WebLinkAbout01-03065
.,
" _I,. oj' 1_ __ ,c',.
,-, I
. '" - ^', '.".'<'i_"",c,'.<,i".;;'",,"-<_' "-"-/;:"-'~i
-,--,-
.
, .
ORRSTOWN BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYVLANIA
~ No.Of-3Q<os- CIVIL TERM
v.
ROGER R. MELLOTT, JR.,
Defendant
: CIVIL ACTION - LAW
: IN 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
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 judgement 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
II
. ',.".;',j
ORRSTOWN BANK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYVLANIA
: NO. 01- 3()(,5 CIVIL TERM
v.
ROGER R. MELLOTT, JR.,
Defendant
: CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
COMPLAINT
1. The Plaintiff is Orrstown Bank, a Corporation organized and existing under
the laws of the Commonwealth of Pennsylvania and having its principal place of
business at 77 East King Street, P.O. Box 250, Shippensburg, Cumberland County,
Pennsylvania, 17257.
2. Defendant Roger R. Mellott, Jr., is an adult individual, whose current
address is P.O. Box 972, Ocean City, Maryland, 21842.
3. On or about November 23, 1994, Defendant made, executed and
delivered a Mortgage upon the premises hereinafter described to Orrstown Bank, which
Mortgage was recorded as follows:
Recorded in Cumberland County Recorder of Deeds Office
Date of Mortgage: November 23, 1994
Date Recorded: December 20, 1994
Book: 1245 Page: 1067
The Mortgage is a matter of public record and is incorporated herein as provided by
Pa.R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as
Exhibit "A" and incorporated herein by reference.
4. On or about November 23, 1994, in consideration of his indebtedness to
Orrstown Bank, Defendant made, executed and delivered to Orrstown Bank his
promissory Note in the original principal amount of $41,000.00. A copy of said Note is
attached hereto as Exhibit "B" and incorporated herein by reference.
5. Orrstown Bank, in consideration of the said Mortgage and Note advanced
to the Defendant the sum of Forty-One Thousand ($41,000.00) Dollars.
1I
,-);I.
......~
. "-'." '.-j J'I' " 1 -'_;, ~,_"
-
.1.
- "/-' ,,"'--'-,h'~"-;~__,~, -~~.o-~'_';"~:-1J!jjt-,;c--i 'Sj
6. The Mortgage is secured by property located at 42 Richard Avenue,
Shippensburg, Cumberland County, Pennsylvania, 17257, which is more particularly
described in the legal description attached to Exhibit "A" and incorporated herein by
reference.
7. Defendant is the sole owner of the said premises securing said mortgage.
8. Said Mortgage has not been assigned in whole or in part by the Orrstown
Bank.
9. The Mortgage is in default because the monthly installments of principal
and interest and other charges stated below, all as authorized by the Mortgage, are due
and have not been paid, whereby the whole balance of principal and all interest due
thereon have become immediately due and payable forthwith together with late
! charges, escrow deficit (if any), and costs of collection including title search fees and
reasonable attorney's fees.
10. The following amounts are due on the Mortgage:
Loan No. 1030002435
Principal 37,576.50
Interest 1,415.93
Late Fees 98.34
Attorney Fees 5635.00
Total Due
$ 44,725.77
Interest continues to accrue at the per diem rate of $9.06 for every day after May 14,
2001, that the debt remains unpaid.
11. Orrstown Bank has given to the Defendants written Notice of Intention to
Foreclose on said Mortgage as required by law under Act 160, Combined Notice, dated
March 23, 2001, a copy of which is attached hereto and incorporated herein as Exhibit
"C" for Defendant Roger R. Mellott, Jr..
12. The Plaintiff believes and avers that the Defendant is not a member of the
armed forces nor is he in the military service of the United States of America.
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN
REM in favor of Plaintiff and against the within named property of the Defendant in the
it
k~
-.' <
~,,, I . ~: ,.I '.".' -
,- ~ :", -I
~,,-:;i- :"~-'-"'_.~,',", 'v" ,.."'--~:~;
amount set forth in Paragraph 11, together with interest, attorney's fees, and other
expenses, costs and charges collectible under the Mortgage and for the foreclosure and
sale of the mortgaged premises.
Respectfully Submitted
TURD LAW OFFICES
~
Date
II
. .
,- -
.1 .1' ., I,
~,
L -I
""~ . " -U'W~- ..,.
ALL that certain lot of ground with the improvements thereon erected, situate in
Township of Shippensburg, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point on the Northern side of Richard Avenue, which point is a corner
of property now or formerly of Elizabeth Lesher; thence Northwardly along lands of the said
Lesher, a distance of one hundred twenty five (125) feet to the Southern side of an alley; thence
Eastwardly along said alley, a distance of twenty (20) feet to a point in line oflands now or
formerly of Robert 1. Rebuck and Kathryn 1. Rebuck, his wife; thence Southwardly along lands
of the said Rebuck and through the center of the partition wall built between the house on the lot
hereby conveyed and the house on the lot of the said Rebuck, a distance of one hundred twenty-
five (125) feet to a point in the Northern line of said Richard Avenue; thence Westwardly along
the Northern of said Richard Avenue; thence Westwardly along the Northern line of sa if Richard
Avenue, a distance of twenty (20) feet to a point, the place of BEGINNING. Being improved
with the Western one-half of a double fram dwelling house and other improvements, known as
No. 42 Richard Avenue.
BEING the same real estate which the Redevelopment Authority of Cumberland County,
by deed dated November :J, '7 ,1994, and intended for recording contemporaneously
herewith, granted and conveyed to Roger R. Mellott, Jr., Mortgagor herein.
~iiOK 1245 fAGE 10i2
,..fil!Ii._M
~ ...
..~.~ _U~
J"'I' ,I
J ~ ..
~... ~~;,
,'.
_ -~__"~M~""'''''''.,_
ADJUS1ABLE RATE LOAN RIll.ai:R
NOTICE: THE SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS
A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. IN-
CREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS.
DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS.
Th' R'd' d h' 23rd f November 94
IS 1 er IS ma e t IS.......... day 0 ...................., 19. ....., and is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the
same date given by the undersigned (the "Borrower') to secure Borrower's Note to ...............................
. . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . .Q~~:r.QW. J3.I\m<. .. . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . .. ...
(the "Lender') of the same date (the "Note') and covering the property described in the Security instr~'~~~; '~~d
located at .,. .4.4.R;l..cJl~rsi..4Y!'Rl.\~..I>MI?Pi'.tlIl1?\l;r,g, .rA ..l7.2.~(........................................
Property Address
Modifications. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender
further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note has an "Initial Interest Rate" of. . (i,.2.~... %. The Note interest rate may be increased or decreased on the
. . . ?:3.1;4. . day ofthe month beginning on . . . tlpX~1!I1?1';r. .4~. .. . . . .. . , 19.9:;. . . ,and on that day of the month every
. ~Wl!J."I(<;.. months thereafter.
Changes in the interest rate are governed by changes in an interest rate index called the "Index." The Index is the:
[Check one box to indicate Index.]
(I) 0* "Contract Interest Rate, Purchase of Previously Occupied Homes, National Average for all Major Types of
Lenders" published by the Federal Home Loan Bank Board.
(2) fig* .. AIW.l'7.e.~1.<J.y. :IlY!'):".'1g<;. y.:I,~ll1. .0.1).111":1,1;1'11. .!l1;"-t.e.!i. 'f!'.e.l!Il\l!'Y. .11!'i'~.\l;:!-t;l..e.ll. !lsijvHi'.q....
............... .t,q.!l. .C;Q1;l~t.lll)t:. J1\l!~\1;r.:I,1;Y..o.:t; .9Re. .Yl!!l.J;...............................................
[Check the appropriate box(es)to indicate whelher ,here is any maximum.limir on in'ere31 rate changes andlor limits on the in'erest rate under ,he Nale;
if no box is checked, there will be no maximum limit on changes and no limits on the interest rate.]
(I) 0 There is no maximum limit on changes in the interest rate at any Change Date.
(2) IKJ The interest rate cannot be changed by more than .1;vp. .(4). percentage points at any Change Date.
The interest rate will never be more than 12 . 25 % or Jess than . 6 . 25 %.
If the interest rate changes, the amount of Borrower's monthly payments will change as provided in the N ote.lncreases
in the interest rate will result in higher payments. Decreases in the interest rate will result in lower payments.
B. LOAN CHARGES
It could be" that the loan secured by the Security Instrument is subject to a law which sets maximum loan charges and
that law is interpreted so that the interest or other loan charges collected or to be collected in connection with the loan would
exceed permitted limits. If this is the case, 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
refundell to Borrower. Lender may choose to make this refund by rellucing the principal owed under the Note or by making
a direct payment to Borrower.
C. PRIOR LIENS
If Lender determines that all or any part of the sums secured by this Security Instrument are subject to a lien which has
priority over this Security Instrument, Lender may send Borrower a notice identifying that lien. Borrower shall promptly
act with regard to that li~n as provided in paragraph 4 of the Security Instrument or shall promptly secure an agreement in a
form satisfactory to Lender subordinating that lien to this Security Instrument. '
D. TRANSFER OF THE PROPERTY
If there is a transfer orthe Property subject to paragraph 17 of the Security Instrument, Lender may require (1) an
increase in the current Note interest rate, or (2) an increase in (or removal of) the limit on the amount of any one interest rate
change (if there is a limit), or (3) a chang~ in the Base Index figure, or all of these, as a condition of Lender;S waiving the
option to accelerate provided in paragraph 17.
By signing this, Borrower agrees to all of the above.
.., .z;::.~ ar.~~~........... (Seal)
~ Roger R. ~~-;:~:. - Borrower
...... ...... . ......... H.... H......... ... ... (Seal)
- Borrower
.. If more than one box is checked or ifno box is checked. and Lender and Borrower do not otherwise agree in writing, the first Index named will apply.
NEW JERSEY AND PENNSYLVANIA
BANCDNSUMER FORM us M.193 IR,v, 9/811
BOOK 1245 PAGE1073
,.
PROMISSORY NOTE
"i:;'i~li.'lIllllftll ji~I~1t~qiiiif~\11~il:"I!I~~~~~!i~, r
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Borrower: ROGER R. MELLOTT JR. (SSN: 186-511-1413)
7500 MOLLY PITCHER HWY. LOT 51
SHIPPENSBURG" PA 17257
Lender: Orrstown Bank
King Street Office
P.O. Box 250
n East King Street
ShJppensburg, P A 17257
E)(HIBIT
'"
.
~
::1;.
.8
Principal Amount: $41,000.00 Date of Nole: November 23, 1994
PROMISE TO PAY. I promise to pay to Orrstown Bank ("Lender"), or order, in lawful money of the United States of America, the principal
amount of Forty One Thousand & 001100 Dollars ($41,000.00), together with Interest on the unpaid principal balance from November 23, 1994,
until paid in full. The Interest rate will not Increase above 12.250%.
PAYMENT. Sutiject to any payrnent changes resulting from changes In the Index, 1 will pay this loan In accordance with the following payment
schedule:
12 consecutive monthly principal and interest payments of $270.46 each, beginning December 23, 1994, with interest
calculated on the unpaid principal balances at an interest rate of 6.250% per annum; and 288 consecutive monthly principal
and Interest payments in the Initial amount of $346.64 each, beginning Oecember 23.1995, with Interest calculated on the
unpaid principal balances at an interest rate of 2.750 percentage points over the Index described below. My final payment
will be due on November 23, 2019 and will be for all principal and accrued Interest not yet paid, together with any other
unpaid amounts under this Note.
Interest on this Note is computed on a 30/360 simple interest basis; that is, with the exception of odd days in the first payment period, monthly interest
is calculated by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a
month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. I will pay Lender at
lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by app'icabre law,
payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from lime to time based on changes in an independent index which
is the Weekly average yield on the United States Treasury Securities. (the "Index"). The Index Is not necessarily the lowest rate charged by Lender on
its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to me. Lender wjJJ teII me
the current Index rate upon my request. I understand that Lender may make loans based on other rates as well. The interest rate change will not
occur more often than each Year. The Index currently Is 6A20% per annum. The Interest rate or rates to be applied to the unpaid principal
balance of this Note will be the rate or rates set forth above in the "Payment" section. Notwithstanding any other provision of this Note, the
variable Interest rate or rates provided for In this Note will be subject to the following minimum and maximum rates. NOTICE: Under no
circumstances will the interest rata on this Note be less than 6.250% per annum or more than the lesser of 12.250% per annum or the maximum rate
allowed by applicable law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at anyone time on this loan
will not exceed 2.000 percentage points. Unless waived by Lender, any increase in the interest rate will increase the amounts of my payments.
PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund
upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without
penalty all or a panion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my
obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in me making
fewer payments.
LATE CHARGE. If a payment is 15 days or more lale, I will be charged 5.000% of the regularly scheduled payment.
DEFAUL.T. I will be in default if any of the following happens: (8.) I fall to make any payment when dUe. (b) I break any promise I have made to
Lender, or I fail to perform promptly at the time and strictly in the manner provided in this Note or any agreement related to this Note, or in any other
agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in
any material respect (d) I die or become insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of
creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of
my property an or in which Lender has a lien or security interest. This includes a gamishment of any of my accounts with Lender. (t) Any of the events
described in this defaUlt section occurs with respect to any guarantor of this Note.
If any default, other than a defaulf in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the
preceding twelve (12) months, it may be cured (and no event of default will have occurred) if 1, after receiving written notice from Lender demanding
cure of such default: (a) cure the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiate steps which
Lender deems in Lender's sole discrefion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps
sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this
Note if I do not pay. I also will pay lender that amount. This includes, subject to any limits under applicable Jaw, lender's attorneys' fees and Lender's
regal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, I also will
pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue
on this Note after judgment at the interest rate applicable to this Note at the time jUdgment is entered. ThIs Note has been delivered to Lender and
accepted by lender in the Commonwealth of Pennsylvania. If there Is a lawsuit, I agree upon lender's request to submit to the jurisdiction of
the courts of FranklIn County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania.
RIGHT OF SETOFF. I grant to Lender a contractual possessory security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender
all my right, title and interest in and to, my accounts with Lender (whether checking, savings, or some other account), including without limitation all
accounts held jointly with someone else and all accounts I may open in the future, excluding however all IRA, Keogh, and trust accounts. I authorize
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts.
COLLATERAL. This Note IS secured by a Mortgage dafed November 23, 1994, to Lender on real property located in CUMBERLAND County,
Commonwealth of Pennsyrvania, all the terms and conditions of which are hereby incorporated and made a part of this Note.
,"'"......"-
,.
""~
'II
<' I~
,-. ,,' 'oj
~'" '^'O'_. "",
.. 11-23-1994
LQan NI;'.
PROMISSORY NOTE
(Continued)
Page 2
GENERAL PROVISIONS. Lender may delay or forgo enforcing eny of Its rights or remedies under this Note without losing them. I and any other
pelSon who signs, guarantees or endolSes this Note, to the axlent allowed by law, waive presentment, demand for peyment, protest and notice of
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly slated in writing, no party who signs this Note, whether as maker,
guarantor, accommodation maker or endorser, shall be released from liability. . All such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this ioan, or release any party or guarantor or collateral; or impair, fail to realize upon or perlecl Lender's security Interest In the
collateral; and lake any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALl THE PROVISIONS OF THIS NOTE, INClUDING THE VARIABLE INTEREST
RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE.
:~~~i.$~\\%%~tDI
ER . MElLOTT JR. ..............
Variable Rate. Installment.
L.ASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.18 (c) 1994 CFI ProServlces, Inc. All rights reserved. [PA-D20 231.LN R1.0VLj
. JilECORE:ATION REQUESTED BY:
Orts\own Bank
P.O. Box 250
77 Easl King Street
Shippensburg, PA 17257
sc n :=TI') ~.'. 2'! t: G L t R
'RECORDER OF DEEDS
f'U~IDEI11 td~D COUNT1'-?A
'.I ,,1;1 ,-
WHEN RECORDED MAIL TO:
Orrstown Bank
P.O. Box 250
77 East King Street
Shlppensburg, PA 17257
'91j DEG 20 p{ll 2 26
I'C:CJ:XHIB1r
ill;' A
[.,:::. . ..'
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS IS A PURCHASE MONEY MORTGAGE
THIS MORTGAGE IS DATED NOVEMBER 23, 1994, between ROGER R. MELLOTT JR., whose address is 7500
MOLLY PITCHER HWY. LOT 51, SHIPPENSBURG" PA 17257 (referred to below as "Grantor"); and Orrstown
Bank, whose address is P.O. Box 250, n East King Street, Shippensburg, PA 17257 (referred to below as
"Lender").
GRANT OF MORTGAGE. For valuable constderation, Grantor grants, bargains, sellS, conveys, assIgns, transfers, releases, conflrms and
mortgages to Lender all of Grantor's right, title, and interest in and to the following descnbed real properly, together with all existing or subsequently
erected or affixed buildings, improvements and foctures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties,
privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (inClUding stock In utilities with ditch or irrigation rights); and all
other -rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located
in CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"):
See attached
The Real Property or its address is commonly knDwn as 42 RICHARD AVE., SHIPPENSBURG, PA 17257.
Grantor presently a
addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rams.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall
have the mea\'\ings attributed to such terms in the Unitorm Commercial Code. All references to dollar amounts shalt mean amounts in lawtul money of
the United States of America.
Grantor. The word "Granlor" means ROGER R. MELLOTT JR.. The Grantor Is Ihe mortgagor under this Mortgage.
Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in
connect/on with the Indebtedness.
Improvements. ThA word "Improvements" means and includes without limitation all existing and future improvements, fixtures, buildings,
structures, mobile homes affixed on the Real Progerty, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by
lender to discharge obligations ,of Gra,ntor or expenses incurred by lender to enforce obligations of Grantor under this Mortgage, together with
interest on such amounts as provided In this Mortgage.
Lender. The word "Lender" means Orrstown Bank, its successors and assigns. The Lender is the mortgagee under this Mortgage.
Mortgage. The word "Mortgage" means this Purchase Money. Mortgage between Grantor and lender, and includes without limitation all
assIgnments and security interest provisions relating to the parsonal Property and Rents.
purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Real Property, this
Security tnstrument shat! be a purchase money mortgage under 42 P.S. Section 8141.
Note. The word "Note" means the promissory note or credit agreement dated November 23, 1994, in the original principal amount of
$41,000.00 from Grantor to Lender, together with all renewals of. extensions of. modIfications of. refinancings of, consolidations of, and
substituUons for the promissory note or agreement. The maturity date of this Mortgage is November 23, 2019. NOTICE TO GRANTOR: THE
NOTE CONTAINS A VARIABLE INTEREST RATE.
personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned
by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of,
and aU subs\\tuuons for, any of such property; and together with atl proceeds (including without limitation alt insurance proceeds and retunds of
premiums) from any sale or other dispositlon of the Property.
property. The word "Property" means collectively the Rea] Property and the Personal Property.
Real Property. The words "Real Property" mean the properly, interests and rights described above In the "Grant of Mortgage" secllon.
Related Documents. The words "Related Documents" mean and Include without limUallon all promissory notes, credit agreements, loan
agreements, environmental agreements. guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, Income" issues, royalties, profits. and other benefits derived from the
Properly. . , .
. .
THIS MORTGAGE, INCLUDING THE ASStGNMIollT OF RENTS AND THE SECURiTY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS ANO (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER rHIS
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage. Grantor shall pa~' to lender en amounts secured by this Mortgage
as they becof'118 due, and shaH strlctJy perform all ol3raritcr's Qotigalivr,$ uilder this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the
following provisions:
Possession and Use. Until in default, Grantor may remain in possession and control of and operate and manage the Property and collect the
RentS'"from fhe Property.
DUty to Maintain. Grantor shall maintain the Properly In tenantable condition and promptly perform aU repairs. replacements, and maintenance
necessary to preserve its value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this
Mortgage, shalf have the same meanfngs as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. as
amended, 42 U.S.C. Section 9601, et seq. (ltCERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499
rSARA"}, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C.
Section 6901, at seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms
"hazardoUS waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos. Grantor represents and warrants to lender that: (a) During the period of Grantor's ownership of the Property, there has been no
use, generauon. manufacture, storage, treatment, dIsposal, release or threatened release of any hazardous waste or substance by any person on,
under, or about the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by Lender in writing, (i) any use, generation, manufacture, storage} treatment, dlsp'osal release, or threatened release of any
~......",", 1 'J A ~ ,.,........ nL"~
~~,,~'~ ~
....
~~~~IlI'i!li,~jdlllliti...
~.- .
~ J
11-2J-1994
\..Qan No' "
MORTGAGE
(Continued)
Page 2
hazardous wast~ or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by
any person relating 10 such matiers; and (c) Except as preVIously dlsciosed to and acknowiedged by Lender in writing, (i) neither Grantor nor any
tenant, contractor, agent or other authorized user of 1he Property shall use, generate, manufacture, store, 1reat, dispose of, or release any
hazardous waste or substance on, under, or about the Property and (iI) any such activity shall be conducted in compliance wilh all applicable
federal, state, ~nd local laws, regulations and ordinances, including without limitation those laws, regulations. and ordinances described above.
Granior authonzes Lender and its ag~nts to enter upon the Pro~erty to make such inspections and tests, at Granto~s expense, as Lender may
deem ~ppropnate to determine compliance of the Property wllh Ihls secllon of the Mortgage. Any inspections or tests made by Lender shall be for
Lender s purposes oniy and shaU not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person.
The representations and warranlies 70ntalned herein a.'e based on Grantor's due diligence in investigating the Property for hazardous waste.
Grantor hereby (a) reieases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes Iiabie for
cleanup or other costs under any such iaws, and (b) a~rees to ind~mnify and hold harmless Lender against any and all claims, losses, liabilities,
damages, penalties, and expenses which. Lender may dlleclly or Indlleclly sustain or suffer resulting from a breach of this section of the Mortgage
or ~s a co~sequence of any use, generation, manufacture, storage, dISposal. release or threatened release occurring prior to Grantor's ownership
or Interest In the Property, whether or notlhe sa.me was or shouid have been known to Grantor. The provisions of this section of Ihe Mortgage,
Including the obligation to Indemnify, shall su""ve the payment of the Indebtedness and the sallsfaction and reconveyance of the lien of this
Mortgage and shall not be affected by Lender's acquisition of any inlerest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. ~rantor shall not cause~ co~d~ct. ~r permit any ~uisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of th~ Property. Without hmltlng the ~enerallty of the loregoing, Grantor will not remove, or grant to any other party the
nghtto remove, any timber, minerals (including 011 and gas), SOil, gravel or rook products Without the prior written consent of Lender.
RemOVal of Improvemenls, Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of
Lender. As a condition to the removal of any Improvements. Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right 10 Enter. Lender and its agenls and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance wllh Governmenlal Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
eftect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such iaw,
ordinance, or regulation and withhold compliance during any proceeding, Inciuding appropriale appeals, so long as Grantor has notified Lender in
writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require
Grantor to post adequate security or a surefy bond, reasonably satisfactory to Lender, to protecl Lender's interest.
Duty to Prolect. Grantor agrees neither to abandon nor leave unattended Iha Property. Grantor shall do all other acts, in addition to those acts
set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payabie all sums secured by this Mortgage upon the
sale or transfer, without the lender's prior written consent, of a/l or any part of the Real Property, or any interest in the Real Property. A "sale or
transfer" means the conveyance of Real Property or any right, fitle or interest therein; whether legal, beneficial or equitable; whether voluntary or
Involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehoid interest with a term greater than three
(3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or
by any other method of conveyance of Real Property Interest. If any Grantor Is a corporation, partnership or limited liability company, Iransfer also
includes any change In ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests,
as Ihe case may be, of Grantor. However, this option shall not be exercised by Lender If such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following proVisions reiating to the taxes and tiens on Ihe Property are a part of this Mortgage.
Payment. Grantor shall pay when due (and In all events prior to delinquency) all taxes, payroll taxes, speciallaxes, assessments, water charges
and sewer service charges levied against or on account of Ihe Property, and shall pay when due all ciaims for work done on or for services
rendered or material furnished 10 the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of
Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following paragraph.
Right To Conlest, Grantor may withhold payment of any lax, assessment, or claim In connection with a good faith dispule over the obligation 10
pay, so iong as Lender's interest in the Property is not jeopardized. If a lien arises or Is filed as a result of nonpayment, Granlor shall within fifteen
(15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposil wilh Lender cash or a sufficient corporate surely bond or other security satisfactory 10 Lender in an amount sufficient
to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shail
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence 01 Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
aulhorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender thai Grantor can and will pay the
cost of such improvements.
PROPERTV DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage.
Maintenance of Insurance. Grantor shall procure and maintain policies at fire Insurance with standard extended coverage endorsements on a
replacement basis for the fuil insurable value covering all Improvements on the Real Property In an amount suftlcient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in lavor of Lender. Policies shall be written by such Insurance companies and in such
form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a
stipulation that coverage will not be canceiled or diminished wilhout a minimum of ten (10) days' prior written notice to Lender and not containing
any disclaimer of the insurer's i1abllity for failure to give such notice. Each insurance policy also shall inciude an endorsement providing thai
coverage in favor of Lender will not be Impaired in any way by any act, omission or default of Grantor or any other person. Should fhe Real
Property at any time become located in an area designated by the Director of the Federal Emergen.cy Management Agency as a special flood
hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, to the axlent such msurance IS requlled by Lender and IS or
becomes available, for the lerm of the loan and lor the full unpaid principal balance 01 the loan, or the maximum limit of coverage that is available,
whichever is less.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fiffeen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may. at its election, apply the proceeds
io the reduction of the Indebtedness, payment of any i1en aftecting the Property, or the restoration and repair 01 the Property. If Lender elects to
apply the proceeds to resloration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to
Lender. Lender shail, upon satisfactory proof of such expenditure, payor reimburse Grantor from the proceeds for the reasonable cost of repair
or restoration If Granlor is not in default hereunder. Any proceeds which have not been disbursed within 180 days aiter their receipt and which
Lender has not committed to the repair Or restoration of the Properly shail be used first to pay any amount owing to Lender under this Mortgage,
then to prepay accrued interest, and fhe remainder, if any, shail be applied to the principal balance of the Indebtedness. If Lender holds any
proceeds affer paymenl In full of the Indebtedness, such proceeds shail be paid to Grantor.
Unexpired Insurance at Sale. Any unexpired Insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this
Mortgage al any truslee's saie or other saie heid under the provisions of this Mortgage, or al any foreclosure sale of such Property.
TAX AND INSURANCE RESERVES. Upon request by Lender and subject to applicable iaw, Grantor shall pay to Lender each month on the day
payments are due under the Note untii the Note is paid in full, a sum ("Escrow Funds") equal to one-twelfth of (a) all annual taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums tor policies of fire
insurance with all risks standard extended coverage required under this Mortgage ("Escrow Items"). Lender may estimate the amount of Escrow Funds
on the basis Of current data and a reasonable estimate of future Escrow items. All Escrow Funds shail beheld by Lender and applied to pay the
Escrow Items when due. Lender will not charge for hoiding and applying the Escrow Funds, analyzing the account, or veritylng the Escrow items,
unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to. make such a cha~e. Granlor and Lender may agree
in writing that Interest shall be paid on the Escrow Funds. Uniess an agreement is made or applicable law reqUires mterestto be paid, Lender shall not
be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as addillonal security for the amounts
secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to the
due dales of the Escrow items, shail exceed the amount required 10 pay the E;scrow ilems when due, Ihe excess shall be, at Grantor's option, either
promptly repaid to Grantor or credited to Grantor In scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender IS not
sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up tile d')!iciency in one or more payments as
'.^___ 4 .,,,~ c.._. Ol">(;
. ""-,
~ .L"
.-.
",I. i'.~ ,I ""
-
~"I
-~>
11-2:1-1994
Loan No' "
MORTGAGE
(Continlled)
Page 3
required by Lender.
EXPENDITURES BY L~NDER. If Grantor fails to comply with any provision of this Mortgage, or if any acUon or proceeding is commenced that would
materially affect Lender s Interests In the Property, Lender on Granto(s behalf may, but shall not be required to take any action that Lender deems
appropriate. Any amount that Lender expends in so doing will bear Interest at the rate charged under the Note from the date incurred or paid by
Lender to the date 0.1 repayment by Grentor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the
Note and b~ apportlon~d among and be payable With any Installment payments fo become due during either (i) the term of any applicable insurence
pOlicy or (II) the remlllmng term of the Note, or (c) be treated as a balloon payment which wHl be due and payable al the Note's maturity. This
Mortgage also will secure payment of these amounts. The nghts provided for in this paragraph shall be in addition to any other rights or any remedies
to which Lender may be entitled on account 01 the delau". Any such action by Lender shall not be construed as curing the default so as to bar Lender
from any remedy that It otherwise would have had.
WARRANTY; DEFENSE OF TI11.E. The following provisions relaUng to ownership of the Property are a part of this Mortgage.
Tille. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free end clear of all liens and
encumbrances other than those set forth In the Real Property description or in any tme insurance polley, tille report Or final title opinion issued in
favor of. and accepted by, Lender in connecllon with this Mortgage, and (b) Grantor has the full right, power, and a'uthority to execute and deliver
thiS Mortgage to Lender.
Delense 01 Title. Subject to the exception in the paragraph abov~, Grantor warrants and will forever defend the tme to the Property against the
lawful claims of all persons. in the event any action or proceeding IS commenced that questions Grantor's title or the interest of Lender under this
Mortgege, Grantor shall defend the action at Grentor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be
enlitled to partiCipate In the proceedin9 and to be represented In the proceeding by counsel of Lende(s own choice, and Grantor will deliver, or
cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation.
Compliance Wllh Laws. Grantor warrants that the Property and Granto(s use of the Property complies with all existing applicable laws.
ordinances, and regulations of governmental authorities.
CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage.
Applicallon of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings Or by any proceeding or purchase
in lieu ot condemnation, Lender may at ils election reqUire that all or any portion ot the net proceeds of the award be applied to the Indebtedness
or the repair or restoralion of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and
attorneys' fees incurred by Lender In connection with the condemnation.
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptlY nollfy Lender In wrillng, and Grantor shall promplly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be representad In the proceeding by counsel of its own choice, and Grantor will deliver or cause to
be delivered to Lender such Instruments as may be requested by it from time to time to permit such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes. fees
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other acllon is requested by Lender to perfect and conllnue Lende(s lien on the Real Property. Grantor shall reimburse Lender for all
taxes, as described below, together with all expenses incurred In recording, perfecting or conllnuing this Mortgage, including without IImifation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (b) a specifiC tax on Grantor which Grantor is authorized or required to deduct from payments on the
Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable againsllhe Lender or the holder ollhe Note; and
(d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequenl Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same
eftect as an Event 01 Default (as defined below), and Lender may exercise any or all 01 its available remedies for an Event 01 Delault as provided
beiow unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as prOVided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following prOvisions relating to this Mortgage as a security agreement are a part of this
Morigage.
Security Agreement. This Instrument shall constitute a security agreement to the extent any of the Property constitutes fJXlures or other personal
property, and Lender shall have all of the rig hIs 01 a secured party under Ihe Unitorm Commercial Code as amended from time to lime.
Security Inlerest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security Interest in the Rents and Personal Property. In addillon to recording this Mortgage in the real property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting Or continuing this seCurity interest.
Upon defauit, Grantor shall assemble the Personal Property In a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which information concerning the security Interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relallng to further assurances and attorney-in-fact are a part of this
Morigage.
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, Or will cause to be
made, executed or delivered, to Lender or to lender's designee, and when requested by Lender, cause to be filed, recorded, reflled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages.
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance. certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to eftectuate, complete, perfect, continue. or
preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Reiated Documents, and (b) the liens and security interests
created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by iaw
or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
referred to in this paragraph.
Aflorney-in-Fact. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so tor and In the name of
Grantor and at Granto(s expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grento(s attorney-in-fact for the purpose
of making, executing, delivering,' filing, recording, and doing all other things as may be necessary or desirable, in Lender's. sole opinion, to
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise pertorms all the obligations imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Grantor a suitable satisfacllon of this Mcrtgage and suitable statements of termination of any finanCing
statement on flie evidencing Lender's security interest in the Rents and the Personal Property. Grantor wlll pay, If permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
DEFAULT. Each of the following, at the option of Lender, shail constitute an event of default ("Event of Default") under this Mortgage:
Defa'!lt on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness.
Default on Other Payments. Failure of Grantor wllhln the time required by this Mortgage to make any payment for lexes or Insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in any of the
Related Documents. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of Ihls Mortgage
within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) If Grantor, after Lender sends written nollce
demanding cure of such failure: (a) cUres the failure wllhin fifteen (15) days; or (b) If the cure requires mOre thanflfteen (15) days, Immediately
initiates steps sufficient to cUre the fallure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical. hi 'J 4" P~~f 1 O":s.
False Statements. Any warranty, representation Or statement made or furnished to Lender by or on beR~~otlfran?or uneerThls Mortgage, the
Note or the Related Documents is false or misleading in any material respect, either now Or at the time made or furnIShed.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding un~er any bankruptcy or Insolvency
.....
.
~ .~~~ , ~--~
'I. -Ii
. J ""~"
11-23-1994.
Loan No'
MORTGAGE
(Continued)
Page 4
~
laws by or against Grantor.
Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or
any other method, by an~ creditor ot Grantor or by any gove~".mental agency against any of the Property. However, this subsection shall not apply
In the event of a ~ood faith dispute by Grantor as to the vahdlty or reasonableness of the claim which is the basis of the foreclosure or forefeiture
proceeding, prOVided that Grantor gives Lender wnnen notice of such claim and furnishes reserves or a surety bond for the claim satiSfactory to
Lender.
Breach of Other Agreement. Any breach by Grant~r unde! the .terms of any other agreement between Grantor and Lender that is nct remedied
Within any grace pen~d prOVided therein, Including Without hmltallon any agreement concerning any Indebtedness or other obligation of Grantor to
Lender, whether existrng now or later.
Events Affectlnll Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor
dies or becomes Incompetent. Lender, at,ts option, may, but shall not be required to, permit the Guaranto~s estate to assume unconditionally the
obhgahons enslng under the guaranty In a manner satisfactory to Lender, and, in doing so, cure the Event of Default.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender at its option, may exercise
anyone or more of the following rights and remedies. in addition to any other rights or remedies provided by law: .
Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at its option without notice to Grantor to declare the entire
Indebtedness Immediately due and payabla.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession ot the Property and collect the Rents including amounts
past due and unpaid, and apply the net proceeds, over and above Lende~s costs, against the Indebtedness. In furtherance ~f this right Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. It the Rents Bre collected bY'Lender
then Grantor Irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof In the name 0;
Grantor and to negotIate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall
satisfy the cbligaticns for which the payments are made, whether or not any proper grounds tor the demand exisled. Lender may exercise Its
rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from fhe Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lende~s right to the appOintment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
JUdicial Foreclosure. Lender may oblain a judicial decree foreclosing Grantor's inleresl In all or any part of the Property.
Nonjudicial Sale. If permined by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real
Property by nonjudiciai sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all
amounts received tram the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon defeult of Grantor, Grantor shall become a tenant at sutterance of Lender or the purchaser of
the Property and shall, at Lende~s option, either (a) pay a reasonable rental for Ihe use of the Property, or (b) vacate the Property immediately
upon the demand at Lender.
Other Remedies. Lender shall have ell other rights and remedies provided In this Mortgage or the Note or available el law or in equity.
Sele 01 the Property. To the extent permlned by applicable law, Grantor hereby waives any and all right to have the property marshalled. In
exerciSing its rights and remedies, Lender shall;be free to sell all or any part of the Property together or separately, In one sale or by separate
sales. Lender shall be entitled 10 bid at any public sale on all or any portion ollhe Property.
Nollce 01 Sale. Lender shall give Grantor reasonable notice of the time and place of any pUblic sale of the Personal Property or 01 the time after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
Waiver; Election 01 Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejUdice the
party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not
exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage
after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
Attorneys' Fees; Expenses. If Lender instllules any suit or action 10 enforce any of Ihe terms ot Ihis Mortgage, Lender shall be entitied 10 recover
such sum as the court may adjudge reasonable as attorneys' fees at trial end on eny appeal. Whether or not any court action is involved, all
reasonable expenses Incurred by Lender that in Lender's opinion are necessary et any time for the protection of Its interest or Ihe enforcement of
its rights shall become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the Note
rate. Expenses covered by this paragreph include, without limitation, however subject to any limits under applicable lew, Lende~s anorneys' fees
and Lender's lagal expenses whether or not there is a lawsuit, including anorneys' fees tor bankruptcy proceedings (including efforts to modity or
vacate any automatic stay or Injunction), appeals and any anticipated post-judgment collection services, the cost of searching records, obtaining
title reports (including foreclosure reports), surveyors' reports, and appraisal fees, and title Insurance, to the extent permllled by applicable law.
Grantor also will pay any court costs, in addition to all other sums provided by law.
!lOTICES TO GRANTOR AND OTHER PARTIES. Unless olherwlse provided by applicable law, any notice under this Mortgaga shall be in writing and
shall be effective. when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective
when deposited in the United States mall first class, registered mall, postage prepaid, directed to the addresses shown near the beginning of this
Mortgage. Any party may change its address for notices under this Mortgage by giving formal wrinen notice to the other parties, specifying that the
purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this
Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to keep lender
informed at all times of Grantor's current address.
MISCELLANEOUS PROVISIONS. Ttle following miscellaneous provisions are a part of this Mortgage:
Amendmenls. This Mortgage, togettler with any Relatod Documents,constltutes the entire understanding and agreement 01 the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to thiS Mortgage shall be effective unless given in wntmg and Signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender In the Commonweallh 01 Pennsylvenia. This
Mortgage shall be governed by end construed In accordance with the laws of the Commonwealth 01 Pennsylvania.
Capllon Heedlngs. Caption headings In this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate In the Property at any time
held by or for the benefit of Lender in any capacity, without the wrillen consent of Lender.
.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be invelid or unenforceable as to a.ny person or
circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feaSible. any such
offending provision shall be deemed to be modified to be within the limits of enlorceablllty or validity; however, If the offending provision cannot be
so modified, it shall be stricken and all other provisions of this Mortgage In all other respects shall remain valid end enlorceable.
Successors end ASSIgns. Subject to the limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon
and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership 01 the Prop~rty becomes vested
in a person other than Grantor, Lender, without notice to Grantor, may deal with Granto~s successors with ~eference to thiS Mo~~age and the
Indebtedness by wey of forbearance or extension without releasing Grantor from the obligations of thiS Mortgage or liability under the
Indebtedness.
Time Is 01 the Essence. Time Is of the essence in the performance of this Mortgage.
Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless
such waiver is in writing and signed by Lender. No deiay or omission on the part of Lender in exercising any right shall operate as a waiver of
b'Ooiil245 PACE10iO.
L.-
'~=' "ITF"I'!'!"1"m
~
J,. I'
~.
11-23-19~4
'Laan No. '
MORTGAGE
(Contillued)
Page 5
such right or any othar right. A waiver by any party 01 a pro'lision ollhis Mbrlgage shan not constitute a waiVer of or prejudice the party's right
otherwise to demand strict compliance with that provision or any other pro'lision. No prior waiVer by Lender, nor any course 01 dealing between
Lender and Grantor, shall constitute a waiver 01 any 01 Lende~s righls or any 01 Granto~s obligations as 10 any Iulure transactions. Whenever
consenl by Lender is required in Ihis Mortgage, the grenting of such consent by Lender in any instance shan not constiMe continuing consent to
subsequent instances where such consent is required.
GRANTOR ACKNOWlEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
'.:~W%.li~mK~~Wi~~??~~~~~~1~~IBIE{
Signed, aCkn~\(iledged and dellVered)n the presence of:
X Yn- e.N' !Vj ( (A;>,.( f;0
X Wit(/
Witness
Signed, acknowledged and delivered In the presence of:
X
Witness
X
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagea, Orrslown Bank, herein is as follows:
P.O. Box 250, n East King Slreet, Shlppensburg, PA 17257
"
11<", C,v tI-~ <:Nv,
Attorney or AgClnt for Mortgagee
i.\,,\t~ <~'~~~r~1
"..\f,.':" .~ij ~( ..'>l\t .
.'v ^Zl\. "'''. O~.1;.
~""'......,. t)"t ,~o 'iJ .~
'i ~"'lo."I,;,"'. :1...
:: f~/-A.~".. .~~~,.<l\:'~:~
*' "-"'~ " ",'~
_ 'C)>3'.....,;..~ lI;.
ih~~; !..'. '" ',g~ :
~ 1l; 'll k ',: ~
"%.>1-.. ~)"","';i' ;'
r, \f..... tI...,.. "
eo::. ,,">,?~,, "
On this day before me, the undersigned Notary Public, personally appeared ROGER R. MELLOTT JR., to me known to be ii1'J6/j~ ~. S<lIibed in
and who executed the Mortgege, and acknowledged that he or she signed the Mortgage as his or her free and voluntary act anli -deed,"for the uses
and purposes therein mentioned. ....., I I' t~"'I t.f
7~;. orA -N"o.-v"<:"' h...... l'~?r'" 191
Given under my handando/flj:lal seal t~.'s. ") , ' day of " ..._........... ......,. . "'-"__
'. " f . )'( !, i' "0,",'.''''''"
By >lL.{ .. t.y ", /\~" "y:,&!_.- Residing at SaIl, J, Wi ;~.. Public
(I ~ ~- .~
Notary Public In and lor \he Stale' 01 My commiSSIon expires My~~l'!lb.l3,,~_
..
INDIVIDUAL ACKNOWLEDGMENT
STATE OF
r(~ IJ"):: "-( L. \) fi 'J 14
COUNTY OF
(' (,'I \'\1\ t:. C (( (__ ~ j'J""Y)
)
)SS
I
LASER. PRO, R~g, U.S, Pat. & T,M. Off" Ver. 3.t8(C.) 1994 eFI ProServlc.e.s,ll\C. AllflghtsfQServe.d. (P-'-G03 23t.I..NR1.0Vl..)
bOo~t2AS PACE1071
......-
~, '.' 'k
.' 1 ,. 'I .- ~ I.'
";;;'.
.-1
~ ~>,,;:~
VERIFICATION
I, Betsy J. Smith, do hereby state on behalf of the Plaintiff that the statements of
fact made in the foregoing Complaint are true and correct to the best of his personal
knowledge, information and belief. The undersigned understands statements herein are
made subject to the penalties of 18 Pa. Cons. Stat. ~4904, relating to unsworn
falsification to authorities.
>- I 7. 0 I
Date
~ 9. ~-f~.J
Betsy J. Smith, Collections
Orrstown Bank
II
-"
2~~ .~
,)ow
"11;11
'lf2r,t-,<,-;
c
'7000 !67dOddO (p/:{</ :(3</'7
~ --=- ,....-,,, I'
. fl""-\\ ;: - --" \' -I_~-
,.'~;:?{.r__-,___,i'-' .:._.~.' \C
March 23, 2001
ROGER MELLOTT JR.
P. O. BOX 972
OCEAN CITY, MD. 21843
Via Certified Mail -
Return Receipt Requested
and Regular U.S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSU,RE'
This is an official notice that the mortaaae Olil your home is in default. and the lender
intends to foreclose. Specific information about the nature of the default is provided .in the
attached paaes.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home.
This Notice explains how the proaram works.
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counselina Aaencv.
The name. address and phone number of Consumer Credit Counselina Aaencies
servina your County are listed at the end of this Notice. If you haveanv auestions. yOU may
call the Pennsylvania Housina Finance Aaencv toll free at 1-800-342-2397. (Persons with
impaired hearina can call (717)780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
. EXHIEJIT
~ C
_."..c.",'
""..~.....,.-
_l : I
.L. L~.
,.
'"~~~~'j~1l!r,~,",_
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADOARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SUCASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
ROGER MELLOTT JR. .
42 RICHARD AVE
SHIPPENSBURG, PA. 17257
LOAN ACCT. NO.: 1030002435
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDERlSERVICER: ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE.YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
"~'-~"~-- =..-..<' b~""'-~""".lIiIW..._~lJIIo""""~""""""'. ~I
'j,'LLi i I.
",I
~~,_.:
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit co~nseling agencies listed at the end of this notice, the lender may NOT take action against
you fo~ thIrty (30) days after the date of this meeting. The names, addresses and telephone numbers
of deslonated consumer credit counselino aoencies for the county in which the property is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) If you have tried and are unable to resolve this problem with the lender, you have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the
end of this Notice. Only consumer credit counseling agencies have applications for the program and
they will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT fBrina it UP to date),
NATURE OF .THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 42 RICAHRD AVE., SHIPPENSBURG, PA. 17257
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due: DEC.23RD_-$334.25,JAN.23RD_$334.25,FEB.23RD_$334.25,
MARCH 23RD__$334.25
Other charges (explain/itemize): LATE FEES---$81.63
,I .11 l I.
i ~~
.
~" L"",:,k
TOTAL AMOUNT PAST DUE: ~ 1,418.63
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$ 1.418.63 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's
check. certified check or money order made pavable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within tHIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its riahts to accelerate the mortaaae debt.
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortaaae property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period. yOU will not be reauired to pav attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default
within the THIRTY (30) DAY periOd and foreclosure proceedings have begun, you still have the richt
to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale. You may
do so bv pavina the tolal amount then past due. plus any late or other charaes then due. reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
$heriff's Sale as specified in writina bv the lender and bv performina any other. reauirements under
the mortaaae. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
,,"'- ",--" ~~- ~ ~''''
~~
"
o
,J ,I
-
~~ ~-.-,;",-
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Orrstown Bank
P.O. Box 250. 77 East Kina Street
Shippensbura. PA 17257
(717) 530-2661
(717) 532-4099
Betsv J. Smith
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your fumishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
BETSY J. SMITH, COLLECTION DEPT.
.or ~.
~ J
i~J
~ ~!
-
li6IlIi1>:.,:,
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, ~A 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
""
-.
Is your RETURN ADDRESS completed on the reverse side?
".....r
?'
JJ
ro
o
ro
".
ro
a.
OJ
."
"'t;
"
~
~
3
~
.,J .,J
f ~1
J: ~
- v h
l\"~
'"->
""
~
.l.-J
~
~
!
~
~
tJ
~
~
(';.
::0
m.
t:
3
::0
<D
n
<D
-S
?'
:-'DDD~"
a? :0 (t) ~
m ~ ~ c
9. Cir ,1'
it ro
iil -i
0.,<
iilo
C>
o
o
~
r:-
5"
V>
C
~
w .. . ...en
~ g.;!~-g ~g ~b>~m
::J, ~\1)ffi'3~a.3.33Z
52 @ ~ .;:;:~o~i-"*"o
CD 0.2JJ :T'<c~.'-m
)>' 3t ~~;~~:c
a. JJ3 0 !!! \1) \1)..
Q- ~ JJ 3 ffi ~ ~
rn ~"2 a ~p,)~
g: i.~ ~ ~t~
:: ~~ a &~ Q
? 5"@ 3. ~o.~
~~ 9. ~;;Q
alii g. :J lU
~ q \1) g. lS:
50' 3 \1) =
~~ ~ ~ ~
,03 i'ii' lD ;;0
~ fil
~~" \1) 5"
9:"'9: Q g, 2
\1)\1) 0 g. (II
~2 ~ iii" "
C:g \1) 0'
~~ ~ ~
~ g. ;><" 0
a\1) - g.
~~" i ;
5.;t g ~
~ ~E g. ~
?> 0.3 m til
~ ~~ 9. ~
o'
10
z
c
3 ()
CT 0 ~ ;-'
~ m
~
.."
DO
"OJJ>
o ro a.
V> V> a.
3 fi' m
Q) <D en
~ Q. m
Q:[~
CD ~. 8:
~ -< m
V>
;;
..
"'--
;!S.ge.
~o",
"0;0
CD' 5':IE
~(C Cir
"en:::r
ro_
<0
('i' a;
"'0
"''''
-:;r
gco
,,5'
"'"
Thank you for using Return Receipt Service.
,jc.'jll
i_
7[J[J[J 167[J
. ~ii!fi~ ;j
. ~ fi'o ill! ~
: t ~~~i~?i ~
. ,tki~: 1 f
.' "'.' <II
: ~' J' -Ef)
~!): a
!'" in
itv i~
i ~~
; j).. 8
: : . 3
j j i
, '.
O(t: : Q.
: i ~
"<: 1 i.3
c..: : ~
J i ~
"
\
~,
'/,j-~;'''''''".l$''''
[J[J[J[J
6124
2349
m~
'0
aM
Q=t
~a
30
oa
3.:?
~:e
DO
c~
,ii""
aO
_0
m
,
a
Q~
..
~~
. '
~~
~~
Z'
c"
[;r
~o
o
~
"
a
.
.
.
~
~
D
o
~
d
~ .....-> ~
-,,\:,~. <,0 .-;~'~./"\~
t,." \
~ , ~\) "tI
"Or ~'~~~..,.
';;\ ~'
...>. .
1........ .'" . ~
'\-,~=.;;o
\".""
\\.
~~~._(jJ~J:~~~M1lf?JjiJiij~;;1:;:i!p.lmH"J'~i'"~_"C<l";;-"!i"': :',"i~~~.'-';;""jd!lllntEllh [~""'-'--Jmiil!~l,a----l -1M"'" "_lilLilf~Ijj'~'"~
~.
,,'if,- <-_C"'-):LQJL",,",,,~__ "
,UI:. _.__../",.~" _,~. ," ~_,_,_ ,_ ","0.' .," _._,,,, .-~_~,. - ~,
i: ~. ~ \VI~
~ ,0
I>. -
6 Q V,
---- ~~ ,
~ ~'"' C)
--- --~. ,-'~
---- :z
o<l -N ~ =<
J-J ---.. ~
?\ ~
~
d ~,
0
V'1
~
1,",",
"
~-, "
__ ~'-OT
,.
J;:::>
;-)
--;'"l
--,.
"-)
. ,
;~ ,-=)
T"
"
,':0
::>
;.--_,\'1
"
~~
S:J
-<
lS{
, -
""'-. ~
't::' t
-,;, ~.
t-
./DCf
It. Q
., '" ........,
. ~.
VI
~
~~
',I l,-.
/,-.,
'--'-"I'--~-~ -~-,,=-- '~-"'''''''- ~-,-"" "'----!-'~-"',~.'~~
ORRSTOWN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-3065
CIVIL TERM
ROGER R. MELLOTT
Defendant
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE THE COMPLAINT
TO THE PROTHONOTARY:
Please re-instate the Complaint in the above captioned case.
Respectfully Submitted,
..:,.--
-,;"._<
~'-'STcx9.dlDOI
Date
.~
i
,I
1/
"d~"~i!iili,j;.;;,Iii""~'lliiW,.'~'iil! "';"''''ii",jtW'd;rI;~4!.:#jil@i;#[''~!.ffi~''~,,,,,, .., l_i('"~,:<!":;';",k1:::1J"'\,,,",, ',!(>',H\hlO'-j-!ft<!r
-,-
l~
,~
, ,,~-,
-'., -;, '~;:~"i-:i!<:::~,~lA.'!(~ U~f~ ~_",~~;.., ~;IJI~J:'"" !t c ,., __~~,
JJ:,: _L_.,_,,,-~
,
i1iliii.liii"]~f' ~~!i!i"~ tll!.. U~J!il!dIt~iI/!IalIl~L'-
1lI11iJt~Aiti
llIi."jlilol b~1 n
o
~
....
~=? --
'--
"TJ ~
C.
(1') t , "
Z "-' J -
Z l r"'l
C0 ~---
-< ,
!;: - C")
~-0 ~-;-[
~~~~ ,
<.
>>.-:: ;;.- , i'"l
,- '"-,'
-:;/ ,.-j
-" :::J ---
-~ :iJ
---<'".,:
Il'