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HomeMy WebLinkAbout99-05815J ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. NO OR _5815 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION -LAW MARTINA SHOEMAKER, Defendants : 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. 5-em ? ?p Cim ? spa "/YV\ , --VeC2' -Y-6 ? ;'J -'e Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 s? ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. NO. 9Q 5815 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Orrstown Bank by and through its counsel, Lisa M. Greason, Esquire, and states the following in support of its 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 Robert W. Shoemaker, is an adult individual, whose current address is 41 Highland Avenue, Shippensburg, PA 17257. 3. Defendant Martina Shoemaker, is an adult individual, whose current address is 117 East Main Street, Newburg, PA 17240. 4. Defendants on September 23, 1993 entered into a Mortgage loan indenture with Orrstown Bank, in the principal amount of Twenty Thousand Eight Hundred ($20,800.00) Dollars, Loan Number 130022574, the terms of which loan are more specifically evidenced set forth in the Mortgage dated April 3, 1995 and recorded April 11, 1995 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1258, Page 323, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A" which mortgage contains and is a lien upon the property situate at 41 Highland Avenue, Shippensburg, Pennsylvania 17257. 5. A copy of the Promissory Note, that was executed in conjunction with the above stated mortgage, is attached hereto and incorporated herein as Exhibit "B". 6. Plaintiff, in consideration of the said Mortgage and Note advanced to the Defendants the sum of Twenty Thousand Eight Hundred ($20,800.00) Dollars. 7. The premises subject to said Mortgage is more specifically set forth in the legal description attached to Exhibit "A". 8. Defendants, Robert W. Shoemaker and Martina Shoemaker are the sole owners of the said premises securing said mortgage. 9. Said Mortgage has not been assigned in whole or in part by the Plaintiff herein. 10. That said Mortgage is in default because Defendants herein have failed to pay monthly payments of $278.96 for the months of March through August, 1999, plus late charges and collection fees in the amount of $144.74. 11. The Plaintiff has given to the Defendants written notice of intention to foreclose on said Mortgage as required by law under Act 160, Combined Notice, dated July 15, 1999, a copy of which is attached hereto and incorporated herein as Exhibit "C" for Defendant Robert and Exhibit "D" for Defendant Martina. 12. That due to Defendants' default the entire principal amount of Fifteen Thousand Four Hundred Forty Four and 56/100 ($15,444.56) Dollars has become due and payable, together with interest at the current rate of 10.25% per annum, reasonable legal fees for collection of said sum in accordance with the terms of said Mortgage less such sums as have been paid on account of principal of the said Mortgage and costs. 13. The Plaintiff believes and therefore avers that reasonable attorney's fees for collection of the debt is $2,080 and that it will incur such amounts. 14. The Defendants are liable to the Plaintiff for interest at the rate of 10.25% per annum, late charges, property taxes and expenses as provided in the Mortgage documents that will accrue until distribution by the Sheriff of Cumberland County, Pennsylvania, to be computed at the time of judgment in these proceedings, in addition to the current balance. i 15. The Defendants are liable to the Plaintiff for the following on said Mortgage loan: a. Principal $15,444.56 b. Interest to 8/13/99 $741.65 C. Late charges to 8/13/99 $144.74 d. Escrow due $0.00 e. Unapplied credit $0.00 f. Attorney's fees $2,080.00 Total Amount: $18,410.95 16. The Plaintiff believes and avers that the Defendants are not members of the armed forces nor are they in the military service of the United States of America. WHEREFORE, Plaintiff, Orrstown Bank, demands Judgment in its favor and against Defendants Robert W. Shoemaker and Martina Shoemaker in the amount of $18,410.95 plus interest at the rate of 10.25% from August 13, 1999 until paid, additional late charges and costs of preserving the collateral and costs of suit. Respectfully Submitted TURO LAW OFFICES rl,o Date Lisa M. season, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 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. Date Betsy J. Smith, Collections Orrstown Bank 1?;b_ RECORDATION REQUESTED BY: Orrslown Bank P.O. Box 260 77 East King Street Shlppensburg, PA 17267 WI IEN RECORDED MAIL TO: Orralown Bank P.O. Box 260 77 East King Street Shlppensburg, PA 17267 A ALL-STATE- INTERNATIONAL 1.4 .1 15 V rC;i Rt P. ZIE'CLER RECORDER OF DEEDS (:UMBERLAND COUNTY-?A '95 flPH 11 AEI 1116 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE OKLY MORTGAGE TH S MORTGAGE IS DATED APRIL 3, 1995, between ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, wh )se address is 41 HIGHLAND AVE., SHIPPENSBURG, PA 17257 (referred to below as "Grantor"); and On stown Bank, whose address is P.O. Box 250, 77 East King Street, Shlppensburg, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable Consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and me, tgages to Lender all of Grantor's right, title, and Interest In and to the following described real property, together with all existing or subsequently ere, ad or affixed buildings, Improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, prlveges, tenements, heredilaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, walercourses 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, IOCated In CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"): DEED DATED SEPTEMBER 23, 1993 AND RECORDED IN BOOK 360 PAGE 41 IN SOUTHAMPTON TWP. The Real Property or its address Is commonly known as 41 HIGHLAND AVE., SHIPPENSBURG, PA 17257. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest In the Personal Property and Rents. DEFINITIONS. The following words shall have the following meanings when used In this Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such farms In the Uniform Commercial Code. All references to dollar amounts shell mean amounts in lawful money of the United Slates of America. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described below in the Existing Indebtedness section Of this Mortgage. Grantor. The word "Grantor" means ROBERT W. SHOEMAKER and MARTINA SHOEMAKER. The Grantor is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties In connection with the Indebtedness. Improvements. The word "Improvements" means and Includes without limitation all existing and future Improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, faciliVes, additions, replacements and other construction on the Real Properly. 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 Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with Interest on such amounts as provided in this Mortgage. Lender. The word lender" means Orrslown Bank, its successors and assigns. The Lender is the mortgagee under this Mortgage. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes without limitation all assignments and security interest provisions relating to the Personal Property and Rents. Note. The word "Note" means the promissory note or credit agreement dated April 3, 1995, In the original principal amount of $20,800.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity dale of this Mortgage Is April 22, 2005. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal properly now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Properly. Property. The word "Property" means collectively the Real Properly and the Personal Property. Real Properly. The words "Real Property" mean the property. Interests and rights described above In the "Grant of Mortgage" section. Related Documents. The words "Related Documents" mean and Include without limitation ell promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages. deeds of bust, 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, royallies, profits, and other benefits derived from the Property. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORf.1ANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS 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 pay to Lender all amoulus secured by this Mortgage as they become due, and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession end use of the Proporty 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 Properly and collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Properly In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and'lhreatened release," as used In this Mortgage, shall have the same meanings as set forth In the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservatlon 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" shell also Include, without limitation, petroleum arid petroleum by-products or any traction thereof and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender In writing, (1) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Properly by any prior owners or occupants of the P-operly or (it) any actual or p,Pvf?)?P , - rf 1 !11 . 73-22574 MORTGAGE Page 2 (Continued) threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lander In writing, (1) neither Grantor nor any Ismael, contractor, agent or other authorized user of the Properly shall use, genmalo, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Properly And (11) any such activity shell be conducted in compliance with all applicable federal, stale, and local laws, regulations and ordinances, including without limitation those lows, regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon fire Properly to make such inspections and tests, at Grnntor's expense, as Lender may doom appropriate to determine compliance of the Properly with this section of the Mortgage. Any inspections or lasts made by Lender shall be for Lender's purposes only and shall not be construed to crania any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in in Lender for y or bution in the event Gcmes liable for ceanu or other vestigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against indemnify end hold indemnifharmlesscontriLender against any a dr all claims,llosses, lliabilities! damages, penalties! and expenses which Lender may directly oor Indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, mnnufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Properly, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage. Including the obligation to Indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lion of this Mortgage and shall not be affected by Lender's acquisition of any Interest In the Properly, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Properly or any portion of the Properly. Without limning the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any limber, minerals (including oil and gas), soil, gravel or rack products without the prior wrillen consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the need 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 night to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable limes to attend to Lender's Interests and to Inspect the Properly for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities Applicable to the use or occupancy of the Property. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding. Including appropriate appeals, so long as Grantor has notified Lender In writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surely bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Properly. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the sate or transfer, without the Lender's prior written consent, of all or any part of the Real Properly, or any interest in the Real Property. A "sale or transfer' means the conveyance of Read Properly or any right, title 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, leasehold Interest with a term greater than three (3) years, lease-option contract, or by safe, assignment, or transfer of any beneficial interest In or to any land trust holding title to the neal Properly, or by any other method of conveyance of Real Property Interest. If any Grantor Is a corporation, partnership or limited liability company, transfer also Includes any change In ownership of more than twenty-live percent (75'%x) of the voting stock, partnership Interests or limited liability company Interests, as the ease may be, of Grantor. However, this option shall not be exercised by Lender If such exercise Is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Properly are a part of Ibis Mortgage. Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied Against or on account of the Property, and shelf pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of 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, except for the Existing Indebtedness referred to below, and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any fax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Properly is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days alter the lien arises or, if a lien is filed, within fifteen (15) days after Grp lot has notice of the filing, secure the discharge of the lien, or it requested by Lender, deposit with Lender cash or a sufficient corporate surety In id or other security satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could ncrnre as a instill of a foreclosure or safe under the lion. In any contest, Grantor shall defend itself and Lender and shall sotisfy any adverse judgment before enforcement against Ilia Properly. Grantor shall name Lender as an additional obligee under any surety band furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Properly, If any mechanic's lien, malerialman's lien, or other lien could be asserted on Account of the work, services, or mate,lels. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Properly are a part of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of lire Insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Properly In An amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Policies shall be written by such Insurance companies and In such form as may be reasonably acceptable to Lender. Grantor shell deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to give such notice. Each Insurance policy also shall Include At, endorsement providing that coverage in favor of Lender will not be Impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Properly at any time become located In an area designated by the Director of the Federal Emergency Management Agency as a special flood heard area, Grantor agrees to obtain and maintain Federal Flood Insurance, to the extent such Insurance is inquired by Lender and Is or becomes available, for the term of the loan and for the fun unpaid principal balance of Die loan, or Ilia 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 Properly. Lender may make proof of loss if Grantor falls to do so within Illleen (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 lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the Proceeds to reslorelion and repair, Grantor shall repair or replace the damaged or dnslroyed Improvements in a manner satisfactory to Lander. Lender shall, upon satisfactory proof of such expenditure. PAY or rehnburse Grantor Iron, the proceeds far pie reasonable cost of repair or restoration If Grantor Is not In default hereunder. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of Ilia Property shall be used first to PAY any amount owing to Lender under this Morlgage, than to prepay accrued Interest, and the remainder, If any, shall be applied to Ilia principal balance of the Indebtedness. If Lender holds any proceeds filter payment In full of the Indebtedness, such proceeds shall be paid to Grantor. Unexpired Insurance at Sale. Any unexpired Insurance shall Inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Morlgage, or at any foreclosure sale of such Property. Compliance with Existing Indebtedness. During the period In which any Existing Indebtedness described below Is in effect, compliance with the insurance provisions contained in the Instrument evidencing such Existing Indebtedness shall cousfilufe compliance with Ilia insurance provisions under Ibis Mortgage, to the extent compliance with the terms of this Modgago would constitute o duplication of insurance requirement. If any proceeds from the Insurance become payable on loss, the provisions In this Mortgage for division of proceeds shall Apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. EXPENDITURES BY LENDER. If Grantor Inns to comply with any provision of this Mortgage, Including miry obllpntion to maintain Existing Indebtedness In good standing as required below, or If any action or proceaf ing is commenced that would mntadnlly affect Lender's Interests In Ilia Property, Lender. on Grantor's behalf may, but shall not be required to, lake any Action that Lander deems approprinle. Any amount flint Lender expends in so doing Vyill bear Interest at the rate charged under the Nola from the date Incurred or pnid by Lender to Ilia data of repayment by Grantor. All such expenses, d s wE Lender's option, will (a) be payable on damned, (b) be ridded to Ilia bnlnnre of Illy Nola And be ripPorlloned Among and be payable with any ( '': Installment payments to become due during either (1) the term of any applicable Insurance policy or (11) the remalnlns term of the Note. or (c) be .'f'I "?rt?a tH 1r) r MORTGAGE Page 3 413-22574 (Continued) ..ad as a balloon payment which will be due and payable at the Note's maturity. This Mortgage also will secure payment of these amounts. The Qhls provided for In this paragraph shall be In addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lander from any remedy that It otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Morlgago. Title. Gr color warrants that: (a) Grantor holds good and marketable title of record to the Properly in fee simple, free and clear of oil liens and encumbr: noes other than those sal forth In the Real Property description or in Ilia Existing Indebtedness section below or In any fills Insurance policy, till r report, or final Iltle opinion Issued in favor of, and accepted by, Lender In connection with this Mortgage, slid (b) Grantor has the full right, pov or, and authority to execute and deliver this Mortgage to Lender. Defense If Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful cis ms of all persons. In the event any action or proceeding is commenced that questions Grantor's lille or the Interest of Lender under this Mortgage Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled it participate In the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to ere delivered, to Lender such Instruments as Lender may request from time to lime to permit such participation. Compiler ce With Laws. Grantor warrants that the Properly and Grantor's use of the Property complies with all existing applicable laws, ordinance s, and regulations of governmental authorities. EXISTING INf EBTEDNESS. The following provisions concerning existing Indebtedness (the "Existing Indebtedness") are a part or this Mortgage. Existing Lien. The lion of this Mortgage securing the Indebtedness may be secondary and Inferior to an existing lion. Grantor expressly covenant . and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such Indebtedness, any default under the Instruments evidencing such Indebtedness, or any default under any security documents for such Indebtedness. Default. f the payment of any Installment of principal or any Interest on the Existing Indebtedness Is not made within the time required by the note evidencin ) such Indebtedness, or should a default occur under the Instrument securing such Indebtedness and not be cured during any appiicablr- grace period therein, then, at the option of Lender, the Indebtedness secured by this Mortgage shall become Immediately due and payable,:md this Mortgage shall be In default. No Modification. Grantor shalt not enter info any agreement with the holder of any mortgage or other security agreement which has priority over this Motif age by which Thal agreement Is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither re luest nor accept any future advances under any such security agreement without the prior written consent of Lander. CONDEMNAT ON. The following provisions relating to condemnation of the Property are a part of this Mortgage. Application of Net Proceeds. II all or any part of the Properly Is condemned by eminent domain proceedings or by any proceeding cr purchase in lieu or,:ondemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the re; air or restoration of the Property. The net proceeds of the award shall mean the award offer payment of all actual costs, expenses, and attorneys' lees Incurred by Lender in connection with the condemnation. Proceedl igs. If any proceeding In condemnation is filed, Grantor shall promptly polity Lender In writing, and Grantor shall promptly lake 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 Ic participate in the proceeding and to be represented In the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such Instruments 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 a e a pert of this Mortgage: Current raxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Mortgage, Including without limitation all taxes, fee;, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. I he following shall constitute taxes to which this section applies: (a) a specific lax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b) a specific lax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a lax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (d) a spe, ific lax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequ cot Taxes. If any lax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shall have the same effect as in Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Defenlt as provided below up ass Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the lax as provided above In the Taxes and Liens section a,id deposits with Lender cash or a sufficient corporate surety bond or other security satisfaclory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage. Security Agreement. This Instrument shall constitute a security agreement to the extent any of the Properly constitutes fixtures or other personal property, Intl Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from lime to lime. Security interest. Upon request by Lender, Grantor shall execute financing statements and lake whatever other action Is requested by Lender to perfect a,rd continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage to the real properly records, .ender 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 del pull, Grantor shall assemble the Personal Properly In a manner and at a place reasonably convenient to Grantor and Lentlar and make it available to Lender within three (3) days alter receipt of written demand from Lender. Address-rs. The mailing addresses of Grantor (debtor) and Lender (secured party), from which Information concerning the security Interest granted I y this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as slated on the first page of this Mortgage. FURTHER Af SURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-Ia-lact are a part of this Mortgage. Further assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, weculed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refried, or rereeordc d, as the case may be, at such limes and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of bust, security deeds, security agreements, financing statements, continuation statemmils, Instruments of further assurance, cerlifcales, and olhe documents as may, in the solo opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or proserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interests created 1 y this Mortgage on the Property, whether now owned or hereafter acquired by Granlor. Unless prohibited by law or agreed to the contrary I ry Lender In writing, Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matters referred to In this paragrap i. Attorney sin-Fact. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so for end in the name of Grantor i rid at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's attorney-In-fact for the purpose of makin f, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accompb .h the matters referred to In the preceding paragraph. FULL PERFOliMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Mortgage, Let der shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on Is evidencing Lender's security Interest In the Rents and the Personal Properly. Grantor will pay, If permitted by applicable law, any reasonable let nlnallon fee as determined by Lender from time to lime. DEFAULT. Erch of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default cn Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of ally lion. Compllahce Default. Failure to comply with any other term, obligation, covenant or condition contained In this Mortgage, the Note or In any of the Related I -ocuments. If such a failure is curable and If Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Granlor, alter Lender sands written notice demandir g cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, Immediately Initiates + cps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary !taps sullicie,ll to oroduce I. nu10.iN I i r I 1?11) A MORTGAGE • Page 4 1 13-22574 (Continued) compliance as soon as reasonably practical. False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the Note or the Related Documents Is false or misleading In any material respect, either now or at the time made or furnishrd. Death or Insolvency. The death of Grantor, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor s property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under airy bankrupl,:y or insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, epossesslon or any other method, by any creditor of Grantor or by any governmental agency against any of the Properly. However, this subsection shall not apply In the e% ant of a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the foreclosere or forefelturn proceed ng, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surely bond for the chain satisfactory to Lender. Breach d Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and I ender that Is not remedied within a, ?y grace period provided therein, Including without limitation any agreement concerning any Indebtedness or o her obligation of Grantor to Lender, vhether existing now or later. Existing Indebtedness. A default shall occur under any Existing Indebtedness or under any Instrument on the Prf warty securing any Existing Indebts,'ness, or commencement of any suit or other action to foreclose any existing lion on the Property. Events lffecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebler ness or any Guarantor dies or becor lea Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lr Ida(, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the gusto nay In a manner satisfactory to Lenck r, and, In doing so, cure the Event of Default. RIGHTS AN[- REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at anytime thereafter, Lender at Its option, may exercise any one or m rra of the following rights and remedies, In addition to any other rights or remedies provided by law: Acceler.rte Indebtedness. Subject to applicable law, Lender shall have the right at its option without notice to G antor to declare the entire Indebler mess Immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Properly, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Tents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may req rlre any tenant or other user of the Property to make payments of rent or use fees directly to Lender. II the Rents are collected by Lender, then Gnelor Irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received In paymnni thereof In the name or Grantor Ind to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In respom a to Lender's demand shall satisfy al a obligations for which the payments are made, whether or not any proper grounds for the demand exlsle, 1. Lender may exercise Its rights or der 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 r nd preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Properly and apply the proceed:, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender'; right to the appointment of a receiver shall exist whether or not the apparent value of the Property extends the Indebtedness by a substanfal amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's Interest In all or any pert of the Proper ly. Nonjudl ;let Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or In any part of the Personal Property or the Real Properly by nonjudlcial sale. Deftelency Judgment. Lender may obtain a judgment for any deficiency remaining In the Indebtedness due to Lender alter application of all amounh recelved from the exercise of the rlghls provided In this section. Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property Is sold as provided ibove or Lender otherwise become; entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance or Lender or the purchaser of the Prof only and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Properly, or (b) vacate the Property immediately upon the demand of Lender. Other R±medles. Lender shall have all other rights and remedies provided In this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have Ile property marshalled. In exercish g its rights and remedies, Lender shall be free to sell all or any pert of the Properly together or separately, in one sale or by separate sales. L order shall be entitled to bid at any public safe on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other Intended disposition of the Personal Properly is to be made. Unless otherwise required by applicable law, reasons rte notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Waiver; Election of 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 r ghls otherwise to demand strlct compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, end an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage allot fail ire of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage. Allorne is' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such surn as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action Is Involved, all reasons )Is expenses Incurred by Lender that In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of Its right! shall become a pert of the Indebtedness payable on demand and shall bear Interest from the dale of expendilure unlil repaid at the rate provider) for In the Note. Expenses covered by this paragraph Include, without limitation, however subject to any Imlts under applicable low, Lender. attorneys' fees and Lender's legal expenses whether or not there Is a lawsuit, including attorneys' fees for bankruptcy proceedings (includir g efforts to modify or vacate any automatic slay or Injunction), appeals and any anticipated post-judgment collection services, the cost of searchieq records, oblalning title reports (including foreclosure reports), surveyors' reports, and appraisal lees, and Idle Insurance, to the extent permitter I by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. NOTICES TO 1 GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under Ihls Mortgagn shall be in writing, may be be s• •nt by telefaeslmilie, and shall be effective when actually delivered, or when deposited with a nalionally recognized overnight courier, or, if mailed, shalt be deemed effective when deposited In the United States mall first class, registered mail, postage prepaid. dlrectod to the addresses shown near he beginning of this Mortgage. Any party may change Its address for notices under this Mortgage by giving formal written 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 life holder of any lien which has pr orily over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. For notice purposes, Grantor agrees to ker p Lender Informed at all times of Grantor's current address. MISCELLAN ?OUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendinenls. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of 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 writing and signed by The party or parties sought to be charged or bound by the alteration or amendment. Appllcelne Lew. This Mortgage has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. This Morlgalle ahall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. Caption Headings. Caption headings In Ihls Mortgage are for convenience purposes only and are not to be used to Interpret or define the provislo is 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 It for the benefit of Lender In any capacity, without the written consent of Lender. Multlpk Parties. Ali obligations of Grantor under this Mortgage shell be joint and several, and all references to Grantor shall mean each and every G-antor. This means that each of the persons signing below Is responsible for all obligations hs this Mortgage. Several Iffty, If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenlo(, cable as to any person or h rPV I r)r,F I4r, ""T AS J 13-22574 MORTGAGE (Continued) Page 5 c rcumstence, such finding shell not render that provision Invalid or unenforceable as to any other persons or circumstances. It feasible, any such o fending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be s r modified, it shall be stricken and all other provisions of this Mortgage In all other respects shall remain valid and enforceable. Eucceaeors and Assigns. Subject to the limitations stated In this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon a id Inure to the benefit of the parties, ]heir heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested I, a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the hldebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the h ,debtedness. I Ime Is of the Essence. Time Is of the essence In the performance of this Mortgage. Walvere and Consents. Lender shalt not be deemed to have waived any rights under this Mortgage (or under the notified Documents) unless : uch waiver Is In writing and signed by Lender. No delay or omission on the pert of Lender In exercising any right shall operate as a waiver of : uch right or any other right. A waiver by any party of a provision of ]hls Mortgage shall not constitute a waiver of or prejudice the parlys right r Iherwlse to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any coursn of dealing between I antler and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever r onsent by Lender Is required In this Mortgage, the granting of such consent by Lender In any Instance shall not conslitute continuing consent to ' ubsequent Instances where such consent Is required. EACII GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERrIS. GRAN/T x_?S??X19EALl x t5EAL1 ROBERT W. SHOEMAKER MAR INA SOEMAKER the presence of: X /S `T, go'74 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 mortgagee, Orratown Bank, herein Is a ollows: J P.O. Box 250,77 East King Street, Shlppensburg, PA 17257 / :eL 7 ./ Allaney mAgenl IorMatpgrr INDIVIDUAL ACKNOWLEDGMENT STATE OF J9 'I ?t?V ) yp )88 7iL(I-P?LQ.u- COUNTY OF- i ? Q ?ur On this, the day of _. 19 `I J ,before me 1 0 P it /?/1 L ,the undersigned Notary Public, personally appeared ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, known to me (or satisfsctonly proven) to bedf{6'person whose names are subscribed to the within Instrument, and acknowledged that ]hey executed the same for the purposes therein ',coh1111¢?Q'.? fy :.. w1rir p,•''In esWwpereof, I hereunto eel my hand and official seal. r LY L-) a:,: rn `. •„?;j{;.r: Notary Public In and for the Stele of / A 1 D:a t. G.. n'V I1 At, r ,.. .. , . i I' y . ,, rd.,r • ? I J, I FYI T'm NYJ,{1 ^I l' rIFYNi::?Y i:b YI UI j.?YyYJrI of Pennsylvania 7 SS .r„ly of Cumberland I of Dear,1 Oral in the office for the recording 1' : nd nberland Coun 1?lioc VTR 0 seal of of ? nr_ , my hen day I 19. t; rilxlo, PA this q Re orde pn?w 1258 Fliq 3197 PROMISSORY NOTE Principal Amount: $20,800.00 Interest Rate: 10.250% Date of Note: April 3, 1995 Maturity Date: April 22, 2005 PROMISE TO PAY. I promise to pay to Onstown Bank ("Lender"), or order, In lawful money of the United States of America, the princppa! amount of Twenty Thousand Eight Hundred 6 001100 Dollars ($20,1100.00), together with Interest of the rate of 10250% per annum on the unpaid principal balance from April 7, 1995, until paid in full. PAYMENT. I will pay this loan In 120 payments of $276.96 each payment. My first payment Is due May 22, 1995, and all subsequent payments are due on the same day of each month alter that. My final payment will be due on April 22, 2005, and will be for all principal and all accrued Interest not yet paid. Payments include principal and Interest. Interest on this Note is computed on a 3651365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, mulfiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in me making fewer payments. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment or $2.50, whichever is less. DEFAULT. I will be in default if any of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with Lender. (f) Any of the events described In this default section occurs with respect to any guarantor of this Note. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of delault will have occurred) if I, 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 discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest Immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this Note If I do not pay. I also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including 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 a!I 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 existing interest rate provided for in this Note. 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 dated April 3, 1995, to Lender on real property located in Franklin County, Commonwealth of '----. _ _, all the terms and conditions of which are hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any thanT.,- ,.._. _1 11:..,_,_ __,__. _,._.___... ..- ..,., __ _. __........ ...," whether as maker, guarantor, accommodation maker or endorser, shall be released from lability. All such parties agree trial Lender may renew or extend (repeatedly and for any length of lime) this loan, or release any parry or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All Such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "m' mean each and all of the persons signing below. EXHIBIT ALL•aTA1E- INTE R14ATIONAL Borrower: ROBERT W. SHOEMAKER (SSN: 161-50-7306) Lender: Onstown Bank MARTINA SHOEMAKER (SSN: 162-66-2045) King Street Office 41 HIGHLAND AVE. P.O. Box 250 SHIPPENSBURG, PA 17257 77 East King Street Shippensburg, PA 17257 .03-1995 PROMISSORY NOTE Page 2 Loan No 13-22574 (Continued) PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE BORROWE'R: XCOPY ..J) ROBERT W. SHOEMAKER -(SEAL) X M ARTINA SHOEMAKER NOTICE TO COSIGNER You we being asked to guarantee this debt. Think carefully before you do. It the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay it you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt If the borrower does not pay. You may also have to pry late fees or collection coals, which Increase this amount. The tender can tolled this debt from you without first trying to collect from the borrower. The lender can use the same collection methods against you that can be used against the borrower. such as suing you, garnishing your wages, etc. It this debt Is ever In default, that feet may become a part of YOUR credit record. This notice Is not the contract that makes you liable for the debt. Fued Rate. lnelellment. LASER PRO. Reg. U.S.Pat.dT.M.Olt., V". 3,20(c) 1995 CFI PrOSOMKes. ft. All r,gnts reserved. IPA. 0200141 aRAV.L N 05.0VLI Turo Law RON IURO, Esquire ROBERT J. MULDERIG, Esquire LISA M. GREASON, Esquire DAVID A. GREENE, Esquire July 15, 1999 Robert Shoemaker 41 Highland Avenue Shippensburg, PA 17257 ACT 91 NOTICE 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 245-9688 800 562-9778 Fax(717)245-2165 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on Your home is in default and the lender intends to foreclose. Specific information about the nature of the default is Provided in the attached pages. The HOMEOWNER'S MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. you meet with the Counseling Agency_ The name, address and phone number of Consumer Credit Counseling Agencies impaired hearing can call (7171780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT C AU4TATE• WIEWTOM LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert and Martina Shoemaker PROPERTY ADDRESS: 41 Highland Avenue Shipoensburg PA 17257 LOAN ACCT. NO.: 130022574 ORIGINAL LENDER: Orrstown Bank CURRENT LENDER/SERVICER:Orrstown Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT CO NSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer cr stir counseling agencies 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 (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Al Highland Avenue, Shiopensburo 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:. March 1999 - $278.96; April 1999 $278.964 May 1999 278.96: June 1999 - $278.96- and July 1999 $278.96 Other charges (explain/itemize): Late fees and collection fees - $144.74 _ TOTAL AMOUNT PAST DUE: $1.539.54 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 $1,539.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to TURO LAW OFFICES ATTN: LISA M. GREASON, ESQUIRE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage propert . IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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 OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: 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 furnishings 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 attomPy'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.) Name of Lender: Orrstown Bank Address: P.O. Box 250.77 East King Street Shloaensburg PA 17257 • 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6d' Street Harrisburg, PA 17101 (717)234-5925 Fax (717) 234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 Community Action Comm. of the Capital Region YWCA of Carlisle 1514 Derry Street 301 G Street Harrisburg, PA 17104 Carlisle, PA 17013 (717)232-9757 (717) 243-3818 Fax (717) 234-2227 Fax (717) 731-9589 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 6373768 Fax (717) 637-3294 Financial Services Unlimited 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 130022574 ctnw00 Z 452 476 404 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. rt, M111CY rn• Inlnmel -. Z. /, i. ?p i li N a tt?lert Shoemaker V s igrland Avenue r?t?f m risburone PA 17257 Pottage $ .55 Cerarod Fee 'TY (? SpftW Desvery Fee Flestdood Delivery Fm Relum RecdM Showing to Wham 6 Date Delvemd 1.25 Retm RWWDw VbwhOM* Dab, d Addenads M&M TOTAL Postage 8 Fees a .§ 3 Postmark or Date July 15, 1999 a SENDER: _..--___. -_ - VorrO a sms t wWor 2 for aaaaorW services. I also wish to twelve tits eCan pfaie name 3,a. WW 4b. ?? Y name and Aw""' on ail rMIN of "s brm so IMt"w return Nb following services for an extra fee): yyoouu e Aa s o b aY . to On eons of aM eaapisce a on the bads IF pace dm not ' , p ? r w t, Ranm Recoo R nnhd•on tr ma0 b l a 1. D Addressee s Address ?j p sce e ow e r amtle rather. Roclo will aitow to whom aw antra w, defend and to dais 2.0 Restricted Delivery delivered, Consult postmaster for fee. Article Addreoed to: 4a. Article Number Z 452 476 404 R b t Sh k o er oema er 4b. Servke Type 41 Highland Avenue 0 Registered C`ceu Shippensburg, PA 17257 ? Express Mall ? Insured g { ReWm Reoelpt for W mIta clas O COD 7. Date of Delivery 1-00 1 • 6. Received By. (PAnt harm) S. Addressee's Address (Ontygrequested and fee is per) A. Sign dd wA " X ;VA, T , , = , - -C A PS Form 3811, December ION Domest c Return Race Dt Turo Law Offices RON TURD, Esquire ROBERT J. MULDERIG, Esquire LISA M. GREASON, Esquire DAVID A. GREENE, Esquire July 15, 1999 Martina Shoemaker 117 East Main Street Newburg, PA 17240 ACT 91 NOTICE 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 245-9688 800 562-9778 Fax(717)245-2165 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached pages. The HOMEOWNER'S MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counselina Aaencies lawyer. EXHIBIT P ONAL ALL-STATE- IMERMT1 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 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Robert and Martina Shoemaker PROPERTY ADDRESS: 41 Highland Avenue. Shipoensburg PA 17257 LOAN ACCT. NO.: 130022574 ORIGINAL LENDER: Orrstown Bank CURRENT LENDER/SERVICER:Orrstown Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NFxT ram BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Thenames. addresses and telephone numbers of designated consumer credit counseling agencies 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 (Bring i up to ate)NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 41 Highland Ave ue Shi ensbur 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:. March 1999 - $278.96; April 1999 S278.96: May 1999 1278.96: June 1999 - $278.967 and July 1999 $278.96 Other charges (explain/itemize): Late fees and collection fees - $144.74 TOTAL AMOUNT PAST DUE: $1.539.54 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 $1,539.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. agyments must be made either by cash cashier's check certified check or money order made payable and sent to• TURO LAW OFFICES ATTN: LISA M. GREASON, ESQUIRE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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 1301 DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to curs tha Hafnulf ..L- --'- the mortaaoe Curing - - ' '" .1"""' am Omer requirements under g your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- Name of Lender: Orrstown Bank Address: P.O. Box 250 77 East Kin Street Shi ensbur PA 17257 Phnna Nlumhe.. 174% enn n . 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT who will assume the mortgage debt, provided attorney's fees and costs are paid prior to or at mortgage are satisfied: sell or transfer your home to a buyer or transferee that all the outstanding payments, charges and the sale and that the other requirements of the 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6d' Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax(717)234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax(814)623-7187 Financial Services Unlimited 31 West 3`d 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 130022574 NMIx Z 452 476 402 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn ml um Inn Inru....n...._? u_u . e?S 0 LL N n. etin er 'TI treet PNewbur 240 Palepe .55 Cabled Fee 1 O E SFedel Delive Fw RmMged De# Ratan madly Wtxm 8 Date D 1.25 Smimf4cep SigDaa&Adimme TOTAL Postag . ?? PosMNA or Dale July 15, 1999 a SENDER: a BBmB 3, q W r for addIl" services. I elso wish to reC" dte ?MCBB ((Or an aPPMVoyupruuroma and aWrose onfy rs afof We, wVWwscen retumese aA Y tl r sYS torrrr to the sae of the rnaY N th b s exha fee) F ce. a en ark pace don not e wr m l Chosen 1. 0 Addressee's Address ? R? YA o? Be ?? wd 2.13 ReeMcted Delivery $ ?'^" d• Coneultpostrneelerfafee. e Addressed lo: Artici da. Artlde Nltmber Z 452 476 402 Martina shoemaker 4b. Service Type 117 East Main Street ? Registered CeNAsd Newburg, PA 17240 O Express Man ? Insured RslurriPAmptforMerdsntlae 13000 7. Date of Delivery a7-/7.5 ti. Wed er. (Print Neme) U. Adtlreasee'a Address (Only requesred ?-i a hoe krr andfesrspaw . 6. (addressee f) X lA-.?ha ?a??? = P1 Forth 3811, December 1094 Domestic Return Roca t N !.... C `r J .r7 G- CC/) 6 rn j ON U r DO . ` SHERIFF'S RETURN - REGULAR CASE NO: 1999-05815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS. SHOEMAKER ROBERT W ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOEMAKER ROBERT W the defendant, at 18:14 HOURS, on the 1st day of October 1999 at 41 HIGHLAND AVENUE SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to ROBERT SHOEMAKER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answer 18.00 12.40 .00 8.00' omas ine, eri $3814U LISA 11. .REASON 10/04/1999 by ep y Sworn and subscribed o before me this le day of M -h4__ CASE NO: 1999-05815 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS. SHOEMAKER ROBERT W ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOEMAKER MARTINA the defendant, at 18,14 HOURS, on the 1st day of October 1999 at 41 HIGHLAND AVE SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to ROBERT SHOEMAKER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answerSSS Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 omas Kline, eri $I400-1ISA M. 999EASON 0/04/1 by ep eri Sworn and subscribed to before me this ? k4- day of ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants TO: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 DATE OF NOTICE: December 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5815 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU' IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date Respectfully Submitted TURD LAW OFFICES Li6a M. Grea on, Esquire 32 South Beldford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Robert W. Shoemaker, by depositing same in the United States I, first class, postage pre-paid and certified, return receipt requested on the day of December, 1999, from Carlisle, Pennsylvania, addressed as follows:' Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 TURD LAW OFFICES J 2, Lisa M. Gress Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff c L C: .] L cn Q1 !? ORRSTOWN BANK, Plaintiff V. ROBERT W. SHOEMAKER and MARTINA SHOEMAKER, Defendants TO: Martina Shoemaker 117 East Main Street Newburg, PA 17240 DATE OF NOTICE: December 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 99-5815 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date Respectfully Submitted TURO LAW OFFICES Lisa M. Ore n, Esquire 32 South B dford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Martina Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the r5` day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Newburg, PA 17240 TURO LAW OFFICES Lisa M. on, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff F c: O cn `i CYN U SHERIFF'S RETURN - REGULAR CASE NO: 1999-OS81S P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS. SHOEMAKER ROBERT W ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHOEMAKER MARTINA the defendant, at 18,00 HOURS, on the 4th day of November 1999 at 117 EAST MAIN STREET NEWBURG, PA 17240 CUMBERLAND County, Pennsylvania, by handing to MARTINA SHOEMAKER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answe Docketing 18.00 Service 12.40 Affidavit .00 Surcharge 8.00 1Z-L omas ine, 5 eri x_1TURO 1/OSLAW OFFICES /I 1999 by? epucy?yneritt Sworn and subscribed to before me this A' day of u.K 19A.D..? ( i ?, l ?i . f PnL' -L -Pro?1 ono ar ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT TO: Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Please enter judgment in favor of Plaintiff, Orrstown Bank and against Defendant, Robert W. Shoemaker and Martina Shoemaker in the amount below. Defendant was served with a 10 Day Notice dated and served December 1, 1999, as evidenced by the attached copy of the Notice and Certificate of Service attached hereto and incorporated herein as Exhibit "A". a. Principal $15,444.56 b. Interest to 8/13/99 $741.65 C. Late charges to 8/13/99 $144.74 d. Attorney's fees $2,080.00 Total Amount: $18,410.95 Plus additional interest at 10.25%, cost and expense of suit and actual expenditures to preserve security until date of distribution. /';;), ht? 'l Date Respectfully Submitted TURD LAW OFFICES L % Lisa M. Gr a Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLCG UR? TO: Robert W. Shoemaker ?f 41 Highland Avenue Shippensburg, PA 17257 == ' DATE OF NOTICE: December 1, 199 9 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted TURO LAW OFFICES Date ? Li a M. Grea n, Esquir 32 South B Ord Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Robert W. Shoemaker, by depositing same in the United States I, first class, postage pre-paid and certified, return receipt requested on the day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 TURD LAW OFFICES 2 Lisa M. Grease Esquire 32 South Bedf rd Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ORRSTOWN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION -LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECL OSI&E c C7 , TO: Martina Shoemaker 117 East Main Street i` Newburg, PA 17240 G t. DATE OF NOTICE: December 1, 1999 :: ? ;gym ? az IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAR'NG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully Submitted TURO LAW OFFICES ?c I I I`I 1< Date Lisa M. lire n, Esquire 32 South B dford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Martina Shoemaker, by depositing same in the United States Mail, first class, postage pre-paid and certified, return receipt requested on the _ 14 day of December, 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Newburg, PA 17240 TURO LAW OFFICES Lisa M. r on, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff P °' a° ,? h ?? a? yy w Li J ? ? 4 l J .. ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION -LAW MARTINA SHOEMAKER Defendants : IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO: Martina Shoemaker 117 East Main Street Newburg, PA 17240 You are hereby notified that on December 15, 1999, the following judgment has been entered against you in the above captioned case: Judgment in favor of Orrstown Bank and against Robert W. Shoemaker and Martina Shoemaker in the amount of $18410.95, interest at the current rate of 10.25%, additional costs and expense of suit and actual expenditures to preserve security until date of distribution. /. ?-[. i'(. /Y nun ti : By the Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. Rules of Civil Procedure §236 are: Martina Shoemaker 117 East Main Street Newburg, PA 17240 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER Defendants : IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 You are hereby notified that on December 15, 1999, the following judgment has been entered against you in the above captioned case: Judgment in favor of Orrstown Bank and against Robert W. Shoemaker and Martina Shoemaker in the amount of $18,410.00, interest at the current rate of 10.25%, additional costs and expense of suit and actual expenditures to preserve security until date of distribution. By the Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. Rules of Civil Procedure §236 are: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 J {l..• q ?- J e 1 ? l..ca.-?-¢ Tt-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ORRSTOWN BANK, Plaintiff ( ) Confessed Judgment (X) Other V. ROBERT W. SHOEMAKER and, MARTINA SHOEMAKER Defendants File No. Amount Due Interest Late Charges Escrow Due Unapplied Credit Atty's Comm. Ceete Interest from 8/13/99 until Sheriff Sale TO THE PROTHONOTARY OF THE SAID COURT: 99-5815 $15,444.56 $741.65. $144.74 $ $2,080.00 $4.34 per diem The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the Defendants 41 Highland Avenue, Shippensburg, Cumberland County, Pennsylvania 17257 (See Legal Description attached hereto and incorporated herein as Exhibit A.) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) see above and all other property of the Defendant in the possession, custody or control of the said garnishee. X (Indicate) Index this writ against the garnishee as a lis pendens against real estate of the Defendant described in the attached exhibit. Respectfully Submitted TURO LAW OFFICES Date Lisa M. re s n, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9888 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, on hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty eight (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (1264.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. Smith and Brenda J. Smith, his wife, by deed dated September 23, 1993, and intended for recording contemporaneously herewith, granted and conveyed to Robert W. Shoemaker and Martina Shoemaker, his wife, Mortgagors herein. ? o- J Y V j io) 1 a 1 t? ?T '7 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815CIVIL TERM ROBERT W. SHOEMAKER, and : CIVIL ACTION - LAW MARTINA SHOEMAKER Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA RCP 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Lisa M. Greason, Esquire, being duly sworn according to law, depose and say that a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on: Name Robert W. Shoemaker Address 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker Orrstown Bank Southampton Township Go Michael Rundle, Esquire PA Tax Claim Bureau 117 East Main Street Newburg PA 17240 P.O. Box 250 Shippensburg PA 17257 28 S. Pitt Street Carlisle PA 17013 Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 )rrstown Bank, Mortgage Foreclosure Southampton Tax Collector Vivian Coy 110 Railroad Lane Shippensburg PA 17257 by mailing the same to them by U.S. First Class Mail, Certificate of Mailing on the Y( day of December, 1999. Respectfully Submitted TURO LAW OFFICES l? 15?5 Date LISA M. GREA(SON, ESQUIRE 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff S.Ct. I.D. No. 78269 Sworn and subscribed to before me this 1'day of December, 1999 u- ROT/d11AJ. ??. (r'ut& Gwo, Carsr.:::rb cmir.y, FA Orrstown Bank, Mortgage Foreclosure F o m T A o ?? ry J ? I ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION -LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R C P 43129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 1, 2000 TIME: 10 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. THE LOCATION of your property to be sold is: 41 Highland Avenue, Shippensburg PA THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-5815 in Cumberland County, Pennsylvania THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Robert W. Shoemaker and Martina Shoemaker A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. GET FREE LEGAL ADVISE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may fife a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed Order or Rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, PA 17013, before presentation of the petition to the Court. LEGAL DESCRIPTION OF 41 HIGHLAND AVENUE, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common corner of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, on hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty eight (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (1264.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. Smith and Brenda J. Smith, his wife, by deed dated September 23, 1993, and intended for recording contemporaneously herewith, granted and conveyed to Robert W. Shoemaker and Martina Shoemaker, his wife, Mortgagors herein. Tax Parcel No. 39-36-2438-027 Seized and Sold as the property of ROBERT W. SHOEMAKER and MARTINA SHOEMAKER under Writ No. 99-5814. l 2 a P a ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER, and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.2 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at See attached legal description 1. Name and address of owner(s) or reputed owner(s): Name Address Robert W. Shoemaker 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 2. Name and address of Defendant in the judgment: Name Robert W. Shoemaker Address 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Orrstown Bank Address P.O. Box 250 Shippensburg PA 17257 Orrstown Bank, Mortgage Foreclosure Southampton Township 28 S. Pitt Street Go Michael Rundle, Esquire Carlisle PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 5. Name and address of every other person who has any record lien on the property: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 PA Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 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: Name Address Southampton Tax Collector 110 Railroad Lane Vivian Coy Shippensburg PA 17257 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: Name Address I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements Orrstown Bank, Mortgage Foreclosure herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date -? 1) i" T c;z?.. '-/LISA M. GRE ON, ESQUIRE TURO LAW OFFICES 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 78269 Orrstown Bank, Mortgage Foreclosure i e m a a ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE 1 hereby certify that I served a true and correct copy of the Notice of Entry of Judgment, Praecipe for Entry of Judgment, and Praecipe for Writ of Execution upon Robert W. Shoemaker, by depositing sam in the United States Mail, first class, -Yr postage pre-paid on the I S day of 1999, from Carlisle, Pennsylvania, addressed as follows: Robert W. Shoemaker 41 Highland Avenue Shippensburg, PA 17257 TURD LAW OFFICES ?isa M. Gre?$n, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff . Z?l ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION - LAW MARTINA SHOEMAKER Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Notice of Entry of Judgment, Praecipe for Entry of Judgment, and Praecipe for Writ of Execution upon Robert W. Shoemaker, by depositing same i the United States Mail, first class, postage pre-paid on the day of 41i l , 1999, from Carlisle, Pennsylvania, addressed as follows: Martina Shoemaker 117 East Main Street Shippensburg, PA 17257 TURO LAW OFFICES Lisa M. Gr,easo Esquire 32 South Bedf d Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 3129.2 I, Lisa M. Greason, Esquire, being duly sworn according to law, depose and say that a true and correct copy of the Notice of Sheriffs Sale of Real Property in the above- captioned case was served on: Name Robert W. Shoemaker Martina Shoemaker Southampton Township Go Mike Rundle, Esquire Vivian Coy, Tax Collector PA Tax Claim Bureau Orrstown Bank Address 41 Highland Avenue Shippensburg, PA 17257 117 East Main Street Newburg, PA 17240 28 South Pitt Street Carlisle, PA 17013 110 Railroad Lane Shippensburg, PA 17257 1 Courthouse Square Carlisle, PA 17013 Hand Delivered by mailing the same to them by U.S. First Class Mail, Certificate of Mailing on the 20th day of December, 1999, as evidenced by the attached copy of the Post Office receipt card dated December 22, 1999. The original Post Office receipt is filed at Civil Term No. 99-5814. I Date Sworn and subscribed to before me this /I/ day of January, 2000. Respectfully Submitted TURD LAW OFFICES Lisa M. Gr son, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 17 tary Public NOTARIAL SEAL KRISTEN ANN CLIPPINGER, Notary Public Carlisle Boro, Cumberland County, PA M Commission Expires Nov. 13, 2000 Shoemaker - 99-5814/99-5815 Z 452 476 353 US Postal Service Receipt for Certified Mail No Ins!lnce Coverage Provided. bux91 PA 17257 Posts" $ .77 reseed Fee 1.40 Special Detwry Fee fketkted Deliver, Fee m $' RehmReyipt Slawtpb _ whom a Due DeMred 1.25 ` Ream peodg5 gwiq bWholn g Dab. It MeeleWs Meese TOTAL Postage a Fees $ 3.42 € Postmark or Dale 0 N December 20, 1999 a g SENDER: n g Ocompale dam I wWor 2 for.eduonel wrviya camq te=s, a,and et. I also wish to receive the follow. ing services (for an extra fee): !£ D cad to yomama end addww m f 's"""t of WS lam m mat we yn'slum Ws 2 O MAUI WB lam 10 eN eom al ale Marl". I an fw bUk f Spey dyS not Mmu 1. 13 Addras6ee's Address ii . o wdu •RW W ReyWRpyarWon Out m6blay below ar amide nuro , DThe Retum R-Wpl we aloes o whom fu arid, was deliveed W fr dale delivered. 2. ? Restricted Delivery Robert W. Shoemaker 41 Highland Avenue ShiPPensburg, PA 17257 Z 452 476 353 0 Registered GOaNlled ? Express Mall O Insured )i(Retum Recelpt for Merchandise ?COD fee Is paid) d Y r December 1994 102595s9e.earso v ii e 8 Cn 0 LL U) G. Shoemaker 99-5814/99-5815 2 452 476 354 US Postal Service Receipt for Certified Mail No Insurance COYOM90 Provided. Do not uaw m, InlwmalWr.l sa.lr c-- --- Sant lO - ---- Martina Shoemaker Surat a hAettbW Newburg, BPA 17240 Poop $ 77 Cedsed Fee 1-40 SperW DWYery Fee Restricted Dekwy Fee Rh'=":ceiplshowhglo Whom 8 DW De1vaW 1.25 RwnReu4tsrowt,abtmm ar.aAdteoeelMka TOTAL POalege A Fees // $ 2 q, Foemurk or Dab December 20, 1999 m SENDER: D Cmgleu Urns 1 Anwar z Iw sddiDpW services. t I also wish receive the follow. Ing aerylCee (for an extra fee): ): runs o.4a.and 4b. DPdm your. and addrau mVw reveres of Ws Mn W that wa can rnum Wa card v h O Attach Ws l arm to ft Irwx or eN meepie4, w on Na Ma It apse do,, M 1 . ? Addressee's Address O ?'RWM Rx Pf ReyuwrW W 019 rrWlgen WOW the amrb rymi0ar Z' O Restricted Delivery e . DThe Rolm Ramps will alww to wham Wa uliW wu dNlverW and uts "a p delivered. y 3. Article Addressed to: 4a. ANGe Nt r $ 476 Z 452 476 354 ? Martina Shoemaker 4b. Service Type 117 East Main Street ? Registered Certified Newburg, PA 17240 0 Express Mall ? Insured )<Retum Recelptlor Mem-Mndbe ?COD A 7. Date of Delivery 4 ti J cui S /..?-.2/` 5. Recely By: (Pd e) S. Atldresaee's Addr W (Chfy ff reques and ,A fee is paid) c 8. Signature (Addressee or pent) Ow a PS Form 3811, December 1994 ID2595-9se D3 Do Msbc Return Receipt F Y C 4 shde taker - 99-5814/99-5815 Z 452 476 350 US Poetal Service Receipt for Certified (Nail No Inwrwm oWe,ep9 Pravinm a S .77 IFS 1.40 DMwyFes Id Delwy Far DW of omeipb taenery4dyns Pdrtsgea Fees $ 3.42 k or Dee Oecetnber 20, 1999 I o- q Z° C O 5 0 a """'?^• I also Wsh to receive the follow- Dcarol1111e00ms1andt,2larAd Wswim. Ing services (for an extra fee): carpne ft" 3,a. and 4b. D PNx your rwne wd address on the t"eee of dye borm w Owl we can new Vas cud b you. 1. ? Addressee's Address o MWe aadhINS bon to Ns brent of the meilp", w nitre pack a space des wl 2. 0 Restricted Delivery o 'Retum Raq/pt Re4lrttetl'on ale trisllpien blow the We nurLar. D The imam RecNpt will Mow to atom 0e Snide wu deAwed wd the date doWered. 1. Article Addressed to: 4a. Article Number Z 49;2 476 350 Southampton 7bym Up 4b. S ervice Type C/o Michael Rundle, ESgUiro 0 Registered Acenmed 28 South Pitt Street ? Express Mail ? Insured Miletum Receipt for Merchandise ?COD foe Is paid) PS 1994 i Y FqC F Shoemake 2 476 -5814/99-5815 Z 45 349 US Postal Service Receipt for Certified Mail tZ Inta Tf a C?verege Provided. Payee s 77 %.rleed F.s Patpaa Pas $ 3. laeaettlber 20, 1999 SENDER: o l:anpx. n.m, t +nNOr z to, wduoai wma.. ?.b n'A4 a ~ I also With to receive the fdlow- o r • • .n _ Yeywo urWn. W ;do,.. a U* r.v.ree of hS form w OW wa ran relum a. OAn J a Ing servke a (for an axlra lee , er t of Y. Iwm b dr M1erd dw me9p.ca. a 9rt e. brx N.pwa do.. rld 'N ^"re ?• O Addfe9aee?9 Address NUn R.giGr R .7uwlp'on aw b6iow R«Mq vnp.Mwla xbpm tM d D R e ' d. 2.O Restricted DBIIVB ry d .md. ww wv. r . d dy ww no ,1a Vivian Coy, Tax Collector 110 Railroad jam Shippensburg, PA 17257 Z 452 476 349 O Registered ` k'C'mifled O Express Mail ? Insured ?Rabm Receipt for Merrllandke OCOD 7. Date of Delive _ 79q Y C uecemoer 1994 / 102595ao-e.ozza 4 o- Shoemaker - 99-5814/99-5815 Z 452 476 352 US Ptlstal Semite Receipt for Certified Mail No Insurance coverage Pmvkled Z __...__ .. Tae $ .77 Ied Fa 1.40 at D*,,y Fee Z Delrory Fee !WO 8Date eewea to 1.25 *m ees $ 3.42 ukur0ate December 20, 1999 o Conpl,,re Xeres t enNw to, sdadaal ssrNUS. C k I also wish to receive the Iollo ing services (loran extra lee): wry re flame 3, A,,, aM eb. 0 ya u nsma eM address w eq mrone of ew form w tW we can mum one t y ou 0 AkeM Welo,m to the Irord or the mailpece. or on the Dark X spec,, dad w i' 0Addressee's Address piine. 0 Wdle'Refum Receipt Reeuestoeon the m 0so,, below the Wde nwber 2. ? Restricted Delivery . 0 The Rolm Receipt WO show to whom the awe was dw"red and ew date m 25 r ?.i R PA Tax Claim $?pyu ao. Service Type ? Registered Ce tifi d Cmiberland County ?mthouse r e c,..??re ? A1 ?Express Mail 0Insured 700113 3 PA 1 Carlisl e, Return Receipt for Merchandise [300D lee PS F)a563811, December AW / ) toaeessaream >- c? ? c u i'. r; ??°.. t ... ? 'r a: ??; ? ?-:? _. c•_ ??? ,.. ?-i .. :.? U ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO, 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Default Notice filed in the above captioned cases upon Martina Shoemaker, by certified mail, return receipt requested and first class mail on December 1, 1999 addressed to: Martina Shoemaker 117 East Main Street Newburg, PA 17240 The certified notice was not claimed and was returned. However, the notice sent by first class mail has not been returned. Therefore, service is complete. The original envelope is filed at Civil 99-5814. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES i ? 1311:1) Date Lida M. Grpbeo, Esquire 32 South Bedfdrd Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff •eol"eg ldlooey wnley Bupn col noA )luegl 00 ? C ? lV 2g S fi ast E E g ? fi a g s Z l Il y o 0 0 4 19 ? 1°g o0 N E Ln m e E w ?¢ ¢ 0 a y N a V) a tepp 09JSASJ eqi uo peletdwoo-§§79ffaVjM=moA q fit 1w c a I N 1 t? II' . M rp -e TIP: m N A m .0 M1 S 1 ti U1 S N is n 0 u N ? EN N N a rya m ?Wa M?z u of m a. 0 ? o .; J nU . r Default Notice Z 452 476 362 US Postal Service Receipt for Certified Mail No Immure Coverage Provided, $ .55 1.40 alDMwyFee fleaMdeO DNwry Fes N N+naa Doe De1gMb 1.25 Fees i,f December 1, 1999 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Default Notice filed in the above captioned cases upon Robert Shoemaker, by certified mail, return receipt requested and first class mail on December 1, 1999 addressed to: Robert Shoemaker 41 Highland Avenue Shippensburg, PA 17257 and did thereafter receive same as evidenced by the attached copy of the Post Office receipt card dated December 9, 1999. The original Post Office receipt is filed at Civil Term No. 99- 5814. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES i l l li?LZ' Date Lisa M. Gr??son, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9888 Attorney for Plaintiff Default Notice Z 452 476 360 US Postal Service Receipt for Certified Mail No Insurance Coverage ProvlrllAd g S M 0 o o o o 3.. s7 l u? m m W G co ri rn a 1Y I also wish to receive the follow. Ing services (for an extra fee): '^r+your rWy Yq Y10re4 an tlM ravens al Ne Lorin w NY rve ran Mum Nis b?d u ?Mn b N. eonl of ale mWpien. mpidy pY* x eperq dpy rpr i' 0 Addressee's Address arms. 2. 0 Restricted Delivery axe'Rerunr 80000 Revue hWw ale mailom bdm ale enw nuMer, ro Rerun Realpr eis W" to t m ale are We M desw w W W derv Wvend. rkla Addressed to: 14a. eas Number Robert Shoemakerr 452 476 360 41 Highland Avenue rvice Type 1 Shippensburg, PA 17257 gistered *certiged ress Mail Olnsured um Receipt lof marcha else 0 COD 1094 Do rat use for international Mall Sso reverse Sam Rotbert Shoemaker Street 1 Hi b 4 land Avenue .Sbo,a ZIPCods Shi bur PA 17 Posts" $ , 55 CerSibd Fee [ 0 Special Deswry Fo Restricted Ddwry Fee Ran Roe* wvNing to Whom a Date DDehered a Rdxn Race615Nwte o Whm, Dab$.e Addesr sMdras TOTAL. Pomp e Fos $ 3 2,7 Posbna&orDale December 1, 1999 10259sWB-Q Zd re g 0 ae } r) C l J n: J? -j' U C7 _J (LD Orrstown Bank In the Court of Common Pleas of Cumberland County, Pennsylvania -vs- No. 99-5815 Civil Robert W. Shoemaker and Martina Shoemaker R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Share of Bills Law Journal Patriot News Sworn and subscribed to before me 30.00 17.06 15.00 15.00 .50 1.00 37.82 1.42 15.00 20.00 24.00 25.08 363.05 306.23 $ 871.16 Pd By Airy 05/03/00 This /7 "-'day of (ry ,p 2000, A.D. Qjt,,,, r thonotary So answers: R. Thomas Kline, Sheriff B Real Estate Deputy 1.5U C{Z ?BYtY q'!rt, ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER, and : CIVIL ACTION - LAW MARTINA SHOEMAKER, Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.2 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information conceming the real property located at See attached legal description 1. Name and address of owner(s) or reputed owner(s): Name Address Robert W. Shoemaker 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 2. Name and address of Defendant in the judgment: Name Address Robert W. Shoemaker 41 Highland Ave Shippensburg PA 17257 Martina Shoemaker 117 East Main Street Newburg PA 17240 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Drrstown Bank P.0. Box 250 Shippensburg PA 17257 )rrstown Bank, Mortgage Foreclosure Southampton Township 28 S. Pitt Street C/o Michael Rundle, Esquire Carlisle PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 5. Name and address of every other person who has any record lien on the property: Name Address Orrstown Bank P.O. Box 250 Shippensburg PA 17257 PA Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 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: Name Address Southampton Tax Collector 110 Railroad Lane Vivian Coy Shippensburg PA 17257 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: Name Address I verify that the statements made in this affidavit are true and correct to the best Df my personal knowledge or information and belief. I understand that false statements Drrstown Bank, Mortgage Foreclosure herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date LISA M. GaEkSON, ESQUIRE TURD LAW OFFICES 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 78269 Orrstown Bank, Mortgage Foreclosure ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 99-5815 CIVIL TERM ROBERT W. SHOEMAKER and, : CIVIL ACTION -LAW MARTINA SHOEMAKER, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.3.113. 43129.2 2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 1, 2000 TIME: 10 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. THE LOCATION of your property to be sold is: 41 Highland Avenue, Shippensburg PA THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-5815 in Cumberland County, Pennsylvania THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Robert W. Shoemaker and Martina Shoemaker A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed Order or Rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, PA 17013, before presentation of the petition to the Court. LEGAL DESCRIPTION OF 41 HIGHLAND AVENUE, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 60 in Section 3 in the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to wit: BEGINNING at a point in the Northern edge of Highland Avenue, said point being a common comer of Lot No. 59 and the within described lot; thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds East, on hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands, North eighty-eight (88) degrees thirty-six (36) minutes thirty eight (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in line of lands now or formerly of Toigo; thence by said Toigo lands, South ten (10) degrees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty-four and six hundredths (1264.06) feet to a point in the Northern edge of Highland Avenue; thence by the Northern edge of Highland Avenue, North eighty-nine (89) degrees twenty-seven (27) minutes fifty-two (52) seconds West, one hundred ten and zero hundredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet, per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. Smith and Brenda J. Smith, his wife, by deed dated September 23, 1993, and intended for recording contemporaneously herewith, granted and conveyed to Robert W. Shoemaker and Martina Shoemaker, his wife, Mortgagors herein. Tax Parcel No. 39-36-2438-027 Seized and Sold as the property of ROBERT W. SHOEMAKER and MARTINA SHOEMAKER under Writ No. 99-5814. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 9999-58_15 _ CIVIL 1W TEW CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK from Robert W. Shoemaker 41 Highland Ave Shippensburg PA 1725 ?''?rryrrrrt?) Mar}•ina Ch..e..,.,.,._ „- _ . (1) You are directed to levy upon the property of the defendant(s) and to (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/are 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) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachment isfoundinthepossession ofanyoneother 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 _$15,444.56 Om8/13/99 until Sheriff Sale Interest s741 .65 (a a ca. a4) Atty'sComm % $2,080.00 Any Paid $162.80 Plaintiff Paid L.L. Due Prothy. Other Costs Late Charges $144.74 Date: DECEMBER 15, 1999 REQUESTING PARTY: Name_ Lisa M. Greason ESO Address: 32 South Bedford Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 245-9688 Supreme Court ID No. 78269 Curtis R. Long Prothonotary, Civil Division by: dfd 4 Deputy REAL ESTATE SALE NoSZ,- .:;l ZQ4e ? olv? 95 4 If1tcarnSt i 6S, qq oz 8 1.1 330 Ij1 o PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, 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: JANUARY 21, 28, FEBRUARY 4, 2000 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. REAL ESTATE SALE NO. 52 Writ No. 99-5815 Civil Oustown Bank VS. Robert W. Shoemaker and Martma Shoemaker Ally.: Lisa M. Greason LEGAL DESCRIPTION AILTHAT CERTAIN lot of land situ- ate In the Township of Southampton, County of Cumberland and Common- wealth of Pennsylvania, being Lot No. 60 In Section 3 In the Development known as South Mountain Estates. said plan recorded in Plan Book 27 at Page 117, bounded and described as follows, to wit: BEGINNING at a point in the Northern edge of Highland Avenue. said point being a common comer of Lot No. 59 and the within described lot: thence by Lot No. 59, North zero (00) degrees thirty-two (321 minutes eight (08) seconds East, one hundred Bay-eight and twenty-tine hundredths (158,29) feet to a point in line of lands now or formerly of Thomas Whaley: thence by said Whaley lands. North eighty-eight (88) degrees lhlriy-six (36) minutes thirty eight (38) seconds East. seventy-eight and eight hundredths (78.08) feel to a point in line of lands now or formerly of Tolgo: thence by said Tolgo lands, South ten (10) de- grees forty-one (41) minutes IIftY-eiglu (58) seconds East, one hundred sixty- four and six hundredths (164.06) feet to a point in the Northern edge of Highland Avemw n.. ,,- im the NorOr Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this __4 _day of FEBRUARY- 2000 LOIb E SNYDER. NmoryPublic Codi,la 6nro, Cumb*riond County, PA My Commiwon Expun Mwch $, 2001 COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, 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 Lnvv Journal on the following dntre 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. REAL ESTATE SALE NO. 52 Writ No. 99-5815 Civil / Orrstown Bank VS. oger M. Morgenthal, Editor Robert W. Shoemaker and Martina Shoemaker Atty.: Lisa M. Greason LEGAL DESCRIPTION AILTHATCERTAIN lot of land situ- ate In the Township of Southampton, County of Cumberland and Common- wealth of Pennsylvania, being Lot No. 60 In Section 3 In the Development known as South Mountain Estates, said plan recorded in Plan Book 27 at Page 117, bounded and described as foaows, to wit: i BEGINNING at a point In the Northern edge of Highland Avenue, said point being a common comer of Lot No. 59 and the within described lot: thence by Lot No. 59, North zero (00) degrees thirty-two (32) minutes eight (08) seconds Fast, one hundred fifty-eight and twenty-nine hundredths (158.29) feet to a point in line of lands now or formerly of Thomas Wholey; thence by said Wholey lands. North elghty-eight (88) degrees thirty-six (36) minutes Ountyelght (38) seconds East, seventy-eight and eight hundredths (78.08) feet to a point in Line of lands now or formerly of Tolgo; thence by said Tolgo lands, South ten (10) de- grees forty-one (41) minutes fifty-eight (58) seconds East, one hundred sixty- four and six hundredths (164.06) feet to a point in the Northern edge of IagldandAvenue: thence by the North- em edge of Highland Avenue. North eighty-nine (89) degrees twenty-seven (27) minutes pity-two (52) seconds West, one hundred ten and zero hun- dredths (110.00) feet to the point and place of BEGINNING. CONTAINING 15,026 square feet. per survey of J. H. Rife, R.S., dated February 9, 1973. BEING the same property which Leonard E. South and Brenda J. Smith, his wife, by deed dated Sep- tember 23, 1993, and intended for recording contemporaneously here- with. granted and conveyed to Robert W. Shoemaker and Martina Shoe- maker, his wife, Mortgagors herein. TAX PARCEL NO. 39-36-2436- 027, SEIZED AND SOLD as the prop- ertyofROBERT W. SHOEMAKER and MARTINA SHOEMAKER under Writ No. 99-5815. SWORN TO AND SUBSCRIBED before me this 4 day of FEBRUARY 2000 LOIS E. SNYDER, Notary Pubk Cudidc Bom, Cumb*rlond County, PA My Commioion Eapprn March S, 2001 r - j 1 1 i i 1 THE PATRrOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderEct No 587, snsroed Mao 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as Frankel Epbr being duly sworn according to law, deposes and says: That he Is the Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published In their regular daily and/or Sunday and Metro editionsAseuss which appeared on the 25th day of January and the tat and 8th day(s) of February 2000. 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 Doeds in and for said County of Dauphin in Miscellaneous Book `M', Volume 14, Page 317. PUBLICATION COPY SALE462 ?w L this 25th / ofd brua 2 _ - Notarial Seal Tarty L. Russell. Notary public Hamsburg.Dauphin Couny NOTAR PUBLIC 52 My Commission Expires June 6. 2002 Member, Pennsytvania Ammiation of NM I ieaommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE COURTHOUSE { CARLISLE, PA. 17013 LBGAI'DESCR?TIONOF W? unrcBLANDAVtD4l/B Statement of Advertising Cots SB1ppBNSBURG, To THE PATRIOT-NEWS CO., Dr. 1f8BRLAND COUNTY, 1?6NNSYLVANIA For publishing the notice or publication attached `LBGALDESCRIMON hereto on the above stated dates $ 304.73 ALL THAT.CERTAIN fiat of land Probating same Notary Fee(s) $ 1.50 situate in the -Township of Total $ 306.23 South'am 'ion, County of ,Cumbeklan$. 'Commonwealth of being. Lot 60 in sherrs Receipt for Advertising Cost Secfio.3 a Development, known as Sic lkkWn Estates, said plan or of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general re4o ed' t Book 27 at Page 117, Iceipt of the aforesaid notice and publication costs and certifies that the same have botmcj'ed d de6mbed as follows, to Ngbar 1•?r d THE PATRIOT-NEWS CO. `.B@GUVNGtat. a point in the Wt ' o L a common comer of .otE?9 By .................................................................... T the within described ?y oil Lot No. 59 North zero thirty-Iwo 132) minutes 'O& East, one hundred i, tyGplgghl "'and ?twenly-nine nc)rldths,iI4.29)"feet to a point in Imne155F,ds.now or formcriy of fhomas Whaley; thence by said Vholey Iands,Morth eighty-eight (88) de rees lhini ix (36) minutes thirty :fight (38) kh%ds East, seventy-eight and eighth' with , (78.88) feet to a point in line' in now or formerly of'1101go;.B- by said Tcigo lands, South t (1 agrees forty-one (411 minul day, h1(58) seconds East, one undre six -four and six hun ed6u,{ y 06) feet to a ppoint in the o`iBtem edggI of Ilighland A ue, thOn ' by the Northern edge iIaMI, venue, North eights- R taL)'dfgrces twenty-seven (27) ) tfteli f(f((yy-lw0 (520) seconds West one'- bbndred ten and zero i 11110mV) feet to the point C fECINNING.q - ^ N- INI 1C 15,026 sRSmica ) aersum of 11. Rife, Februarryy 9 197J. BEING'the same to cHy which Lis naM E. Smith andp Brenda 1• smith, his wife by decd dated ieplember 23,1993, and intended for