HomeMy WebLinkAbout08-0852ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Of " 9SQ CIVIL TERM
MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL TERM
MORTGAGE FORECLOSURE
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC
& SCHERER, and files the within Complaint and, in support thereof, sets forth the following:
1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. The Defendant is Renee S. Coy ("Coy"), an adult individual residing at 118 North
Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257.
3. By Deed acknowledged on April 5, 2005, Jack E. Barger, Jr. and Renee B.
Barger, conveyed the premises described in Exhibit "A," attached hereto and made a part hereof
by reference, to Renee S. Coy. This Deed was recorded in Cumberland County Deed Book 268,
Page 2184, et seq., all of which pages are incorporated herein by reference and made a part
hereof. The premises are further described as being 118 North Fayette Street, Shippensburg,
Cumberland County, Pennsylvania 17257.
4. On or about March 21, 2006, Coy, as Mortgagor, made, executed, and
delivered a written Note secured by a Mortgage, made, executed, and delivered the same day to
Plaintiff as Mortgagee on the premises described in Exhibit "A." This Mortgage was recorded
in the Cumberland County Office of Recorder of Deeds on March 31, 2006, in Cumberland
County Deed Book 1945, Page 0869 et seq., all of which pages are incorporated herein by
reference and made a part hereof.
5. A true and correct copy of the aforesaid Note is attached hereto and made a part
hereof as Exhibit "B." A true and correct copy of the aforesaid recorded Mortgage is attached
hereto and made a part hereof as Exhibit "C."
6. Defendant has defaulted under the terms and conditions of the Mortgage of March
21, 2006 and Note by failing to make payments since August, 2007 and every month thereafter.
7. Defendant is the present record owner of the premises described in Exhibits "A"
and is the real owner of the premises.
Plaintiff served Notice of Plaintiff's Intention To Foreclose on the real estate of
Defendant with Notice Of Defendant's rights under Act 91 of 1983 (Homeowner's Emergency
Mortgage Assistance Law) via certified mail and certificate of mailing on December 6, 2007.
9. Attached hereto and marked as Exhibit "D" is a true and correct copy of the
combined Act 6 and Act 91 Notice.
10. Attached hereto and marked as Exhibit "E" are true and correct copies of the
certified mail receipt and the certificate of mailing for the combined Notice served upon
Defendant.
11. Under the terms of the Mortgage and Note, if any monthly payment of principal
and interest is not made when due or any other obligations of the Mortgage or Note are not met,
then the entire indebtedness owing on the Mortgage and Note obligation shall become due and
payable immediately at the declaration of the Mortgagee.
12. The following amounts are presently due on the said Mortgage and Note
calculated to January 8, 2008:
Principal $ 17,964.58
Interest to 01/08/08 $ 718.82
(per diem $4.66 )
Reasonable attorneys fees
fixed by Plaintiff for purposes
of this Complaint
(10% of principal debt) $ 1,764.58
Late Charges $ 17.50
Other Charges $ 256.51
TOTAL: $ 20,721.99
WHEREFORE, Plaintiff demands Judgment in Mortgage Foreclosure in the sum of
$20,721.99 plus interest thereafter at the contract per diem from January 8, 2008, and costs
against Defendant, Mortgagor and real owner, and seeks foreclosure and Sheriff's Sale of the
mortgaged property referenced in Exhibit "A."
Respectfully submitted,
O' N, BAMC & CHERER
r
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff,
Orrstown Bank
d a b. dir/o rrstown ban k/coy/complaint. pld
01/22/2008 15:05 7172495755 OBS PAGE 07
VERMCATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of, my knowledge, information and
belief I understand that false statements herein are made subject to the penalties of 1.8 Pa.C.S. §
4904 relating to unsworn falsifications to authorities.
DATE: , A 2 3, 0
?t?l.mith, Collector
Orrstown Bank
1dglb R?r?p
THIS DEED
MADE the -5- day of in the year two thousand five (2005).
BETWEEN JACK E. BARGER, JR. and RENEE B. BARGER, husband and wife, of
Shippensburg, Cumberland County, Pennsylvania. .
and RENEE S. .................. ..........GRANTORS
COY, of Shippensburg, Cumberland County,
Pennsylvania ............................................................ GRANTEE
WITNESSETH, that in consideration of Seventy-Nine Thousand Nine Hundred ($79,900.00)
Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant
and convey, in fee simple, to the said Grantee;
ALL that certain lot of ground with improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road,
South 22-1/2 degrees East 38.5 feet to a stake; thence with lot of ground now or
formerly of D. W. VanScyoc, South 53-1/2 degrees West 220 feet; thence with said
lands, North 36-1/2 degrees West 30 feet to a stake at lands now or formerly of the
West End Land Company; thence with said lands, North 52 degrees East 211 feet to a
stake at the edge of the McCalister Road, the place of BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger, husband
and wife, by deed of Mary Woltz, widow, by her Attorneys-in-Fact, Joanne W. Minnich and
Michelle E. Woltz, dated May 21, 2003 and recorded in Cumberland County Record 257, Page 2581.
The above described real estate is conveyed together with and subject to all covenants,
conditions, easements, rights-of-way, restrictions, reservations, and limitations of recora?
w
rww arrat spec ially the prort hereb
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L BOOK 268 PAU2184
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EXHIBIT "All
ri.
IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and
year first above written.
*JaE. (SEAL)
Barger, Jr.
Renee B. Barger
GRANTORS
COMMONWEALTH OF PENNSYLVANIA))
:SS
COUNTY OF FRANKLIN ))
On this day of 2005 before me, a Notary Public, the undersigned
officer, personally appeared Jack E. Barger, Jr. and Renee B. Barger, husband and wife, known to me
(or satisfactorily proven) to be the persons whose names are subscribed to the within instrument; ,.,
acknowledged that they executed the same for the purpose therein contained.-
+?.
hereunto set my hand and official seal.
I
-Notarypwc
Notarial Sea)
Linda L Barkdoll, Notary Public
-- - i _ ^{ !>c y `. WashingtonTwp., Frv*lnl otxriy
CERTIFICATE OF RESMEN My cc ssron Exp+rm -Nmr zs,
I hereby certify that the precise residence of the Grantee herein is:
Nosy gr-i
Nss
Witness my han d this 15 day of y , 2005.
--etA-- ? Agent or Grantee
BOOK 268 PacE2185
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing """" has been omitted due to text length limitations.
Borrower: Renee S Coy (SSN: 161-56-9402) Lender: ORRSTOWN BANK
118 North Fayette Street KING STREET OFFICE
Shippensburg, PA 17257 77 EAST KING STREET
P O BOX 250
SHIPPENSBURG, PA 17257
Principal Amount: $18,500.00 Interest Rate: 9.500% Date of Note: March 21, 2006
Maturity Date: March 21, 2021
PROMISE TO PAY. I ("Borrower") promise to pay to ORRSTOWN BANK ("Lender'), or order, in lawful money of the United States of America,
the principal amount of Eighteen Thousand Five Hundred & 00/100 Dollars ($18,500.00), together with interest at the rate of 9.500% per
annum on the unpaid principal balance from March 25, 2006, until paid in full
PAYMENT. 1 will pay this loan in 180 payments of $216.23 each payment. My first payment is due April 21, 2006, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on March 21, 2021, and will be for all principal and
all accrued interest and all credit insurance premiums, not yet paid. Payments include principal and interest and credit insurance premiums.
Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid credit insurance premiums, accrued to the
date of receipt of payment; then to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late
charges. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the
number of days in a year, multiplied by the outstanding principal balance, multiplied 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.
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, early payments will reduce
the principal balance due and may result in my making fewer payments. If I prepay this loan in full, I will receive a rebate of any unearned
insurance premiums. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a
payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed
to Lender. All written communications concerning disputed amounts,, including any check or other payment instrument that indicates that the
payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a
disputed amount must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257.
LATE CHARGE. If a payment is 16 days or more late, I will be charged $2.50.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from
the date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable
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.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related
documents is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
However, my death will not be an event of default if as a result of the death the Indebtedness is fully covered by credit life insurance.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same
provision of this Note within the preceding twelve (12) months, it may be cured if I, after receiving written notice from Lender demanding
cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately
initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount.
This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
EXHIBIT "B"
PROMISSORY NOTE
Loan No: 130033168 (Continued) Page 2
appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and I hereby waive die ht to an
rig any jury trial in any action, proceeding, or counterclaim brought by either Lender or me
against the other. - : ,
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account).. This includes all accounts I hold jointly with someone else and all accounts I may open in the future.
However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would. be prohibited by law. I authorize
Lender, to the extent permitted by applicable. law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage
dated March 21, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
CREDIT INSURANCE.1 have chosen to purchase Single Life and Single Disability Insurance for this loan. Information concerning the premiums
and the term of this insurance are set forth in the Disbursement Request and Authorization, all the terms and conditions of which are hereby
incorporated and made a part of this Note.
PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information
concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are
hereby incorporated and made a part of this Note.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to
us at the following address: ORRSTOWN BANK, KING STREET OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this
Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this
Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or
endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this
loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such
parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the
persons signing below.
PRIOR TO SIGNING THIS NOTE, 1 READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW,
BORROWER:
Rene S Coy
USER PRO Lnd'n9, V- 5.3D.00.0D4 Cop. HM ld F-id Soludon,, Ine. 1997, 2005. AN P4hU R4rrv,d. . PA 0:\CF%LPLID2D.FC TR•12461 PR-41
Parcel Identification
Number:
RECORDATION
REQUESTED BY:
ORRSTOWN BANK
KING STREET OFFICE
77 EAST KING STREET
P 0 BOX 250
SHIPPENSBURG, PA
17257
WHEN RECORDED MAIL
TO:
ORRSTOWN BANK
77 EAST KING STREET
P.O. BOX 250
SHIPPENSBURG, PA
17257
?IIECt)ADC?. Gr
t,[Pi0ERLAND C;i ti1'I-PA
2006 MR 31 8M 10 32
FOR REC RDER'S USE ONLY
MORTGAGE
Amount Secured Hereby: $18,500.00
THIS MORTGAGE dated March 21, 2006, is made and executed between Renee S Coy, whose
address is 118 North Fayette Street, Shippensburg, PA 17257 (referred to below as "Grantor")
and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P O BOX 250,
SHIPPENSBURG, PA 17257 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, as, geothermal and similar matters, (the Real Property") located in Cumberland
County, Commonwealth of Pennsylvania:
Deed dated 04/05/05 and recorded in book 268, page 2184 in the Borough of
Shippensburg.
The Real Property or its address is commonly known as 118 North Fayette Street,
Shippensburg, PA 17257.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
F $18,
ANY
500 RELATED DDOALL OBLIGTIONS UNDER THE CUM N SA AND THIS MORTGAGE. TTH S MORTGAGE IS GIVEN AND ACCEPTEDOON THE FO LOWING
TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all
amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this
Mortgage. ,
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, ease
s Su generation, manufacture, storage, treatment, disposal, relesse or threoccupants ened rele Pro of any or 8zardouny actual oe
on, under, about or from the Property by any prir owner or of t, (c)
threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, including without limitation all such Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Pr
nee ty to makeof the
inspections and tests, at Grantor's expense, as Lender may deem appropriate determ compliance
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or
to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
hold harm)ss Lender against any cleanup or other costs under
to contribution in indemnify and the event
against Lender ; and indemnity
any such laws all claims losses, liabilities,
2) m agrees or
EXHIBIT "C"
BKI945PGO869
MORTGAGE
(Continued) Page 2
damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal,
release or threatened release occurring prior to Grantor's ownership or interest in the Property, 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 lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether
by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to
doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by
Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest
paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed,
within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional
obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be
reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior
written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice.
Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be
impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be
located in an area designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice
is given by Lender that the Property is located In a special flood hazard area, for the full unpaid principal balance of
the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the
National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term
of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may
SKI945PGO070
MORTGAGE
(Continued) Page 3
make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the
remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after
payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
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 constitute compliance with the insurance provisions under this Mortgage, to the extent
compliance with the terms of this Mortgage would constitute a 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.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests,
encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the
Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then
Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the
Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be
appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of
the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other
rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not
be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's
obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the
Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor
of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and
authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive
the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect
until such time as Grantor's Indebtedness is paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing
lien. Grantor expressly covenants 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.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security
agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or
renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances
under any such security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes,. fees,
documentary stamps, and other charges for recording or registering this Mortgage.
BKI94S-PGO37I
MORTGAGE
(Continued) Page 4
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor
which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available
remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following 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 Property
constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real
property records, Lender may, at any time and without further authorization from Grantor, file executed
counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and
make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related
Documents, and (2) the liens and security interests created by this Mortgage on the Property, whether now
owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,
Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this
paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender
may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations
imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this
Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest
in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee
as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following
happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and
strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf
under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the
time made or furnished.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and
for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of
Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. However, the
death of any Grantor will not be an Event of Default if as a result of the death of Grantor the Indebtedness is fully
covered by credit life insurance.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's
accounts with Lender. However, if Grantor disputes in good faith whether the claim on which the taking of the
Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes
Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not
apply.
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is
not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under
the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument,
or any suit or other action is commenced to foreclose any existing lien on the Property.
8itI945PG0872
MORTGAGE
(Continued) Page 5
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
Lender that is not remedied within any grace period provided therein, including without limitation any agreement
concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the
guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
Lender, and, in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice
of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if
Grantor, after receiving written notice from Lender demanding cure of such default; (1) cures the default within
fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender
deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and
collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's
costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the
Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then
Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor
and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to
Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds
for the demand existed. Lender may exercise Its rights under this subparagraph either in person, by agent, or
through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right
to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall
become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1)
pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of
Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available
at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have
the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the
Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale
on all or any portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If
Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's
failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise
Lender's remedies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any
court costs, in addition to all other sums provided by law.
B?(19Lr5('G3373
MORTGAGE
(Continued) Page 6
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may
change his or her address for notices under this Mortgage by giving formal written notice to the other person or
persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor
agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law,
if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all
Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and In the Related Documents is Grantor's entire agreement with
Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this
Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or
amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage
unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if
Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if
the situation happens again. Grantor further understands that just because Lender consents to one or more of
Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests.
Grantor waives presentment, demand for payment, protest, and notice of dishonor.
Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by
itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the
rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or
unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means Renee S Coy and includes all co-signers and co-makers signing the Note
and all their successors and assigns.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the. Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the
events of default section of this Mortgage.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
provision of this Mortgage.
Grantor. The word "Grantor" means Renee S Coy.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or
assigns" mean any person or company that acquires any interest in the Note.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated March 21, 2006, in the original principal amount
of $18,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
the Note is March 21, 2021.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
B1(1945PGO874
MORTGAGE
(Continued) Page 7
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
X
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows:
KING STREET OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSB RG, PA 17257
L
Attorney or Agent for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
) SS
COUNTY OF l VVY\ LC V I C VII )
On this, t ie ? St _ day of f 1 Ia( C. K , 20 ?, before me
tQ yi lee ? ay the undersigned Notary Public, personally appeared Renee S Coy, known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that
he or she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official "11.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Renee S. Coy, Notary Public Notary Public in and for the State of
[ShIppensbu(g Boiro. Cumberland County
y Commission EA,Pires June 26, 2007
Member, Pennsylvania Association of Notaries
LASER PRO L.WYnp, Vr. 5.30.00.004 Cop,. H.4-d pi-W S"W W-k No. 1997. 2005. AN Ri9hb P--d. • PA O:%CPRLPL1003.FC TR•12461 P&41
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ORRSTOWN
BANK
A Tradition of Excellence
COPY
November 6, 2007
Renee S. Coy
118 North Fayette Street
Shippensburg, Pa. 17257
Return Receipt Requested
and Regular U. S. Mail
ACT 97 NOTICE
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 panes.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save vour home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, you may
call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with
impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
EXHIBIT "D"
P.O. Box 250 9 Shippensburg, PA 17257 9 717.530.3530 9 717.532.4143 fax
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)
PROPERTY ADDRESS:
LOAN ACCT. NO.:
Renee S. Coy
118 North Fayette Street
Shippensburg, Pa. 17257
130033168
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDER/SERVICER:ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of 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 it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 118 North Fayette Street, Shippensbura, 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: August 21St--$ 216.23, September 21St--$ 216.23,
October 21St--$ 216.23 and November 21St--$ 216.23.
Other charges (explain/itemize): LATE CHARGES--$ 12.50
TOTAL AMOUNT PAST DUE: 877.42
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $ 877.42.
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check
or money order made payable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt.
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right
to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may
do so by paving the total amount then past due, plus any late or other charges then due, reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writing by the lender and by performing any other requirements under
the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Orrstown Bank
Address: P.O. Box 250, 77 East Kinp Street
Ship pensburp, PA 17257
Phone Number: (717) 530-2661
Fax Number: (717) 532-4099
Contact Person: Bets y J. Smith
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
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
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely, p
BETSY J. SMITH, COLLECTION DEPT.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.0
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
North 6th 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 Weatherization Office
1514 Derry Street 917 Mifflin Street
Harrisburg, PA 17104 Huntingdon, Pa. 16652
(717) 232-9757 (914) 643-2343
Fax (717) 234-2227 Fax (717) 637-3294
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
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EXHIBIT "E"
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------------------
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00852 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
COY RENEE S
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
COY RENEE S
DEFENDANT
VS
the
, at 1845:00 HOURS, on the 13th day of February-, 2008
at 118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
RYAN SOVERNS, BOYFRIEND
was served upon
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 19.20
Postage .58
Surcharge 10.00
.00
-21-2cl b 9 4 7. 7 8
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
02/14/2008
OBRIEN BARIC SCHERER
By:
Deputy Sheriff
of A. D.
.9.
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0852 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE TO ENTER DEFAULT JUDGMENT
PURSUANT TO Pa.R.C.P. 1037
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendant,
Renee S. Coy, for failure to file an answer to the Complaint of Plaintiff.
A true and correct copy of the Notice of Default is appended hereto as Exhibit "A."
A true and correct copy of the Certificate of Mailing for the Notice of Default is appended
hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with
Pa.R.C.P. 237.1.
Plaintiff requests judgment in the amount of $20,721.99 as set forth in the Complaint
together with interest in the amount of $326.20 for a total of $21,048.19.
Respectfully submitted,
O'BRIEN, B C & S R
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
..
ORRSTO.WN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2008-0852 CIVIL TERM
RENEE S. COY MORTGAGE FORECLOSURE
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
TO: Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
Date of Notice: March 4, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
'BRIEN, BARI ND S RER
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
(717) 249-6873
EXHIBIT "A"
2 ?
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N
PROVIDE FOR INS
A LI a,?s
r7 !
URANCE-POSTMASTER q r;z
Received From:
O'Brien n d- Sch?.r?
l;' J
A UUL3T SO A 9rat r . ?V
Carlisle, 13
One piece of ordinary mail addressed to: S :,1> fn
Knee S. Coy M goy ?
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PS Form 3817, January 2001
-------- ---- ,
I%bl
CERTIFICATE OF SERVICE
I hereby certify that on March 18, 2008, I, David A. Baric, Esquire, of O'Brien, Baric &
Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037,
by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
f
David A. Baric, Esquire
rv ?j
C" ° e? -?Z
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0852 CIVIL TERM
MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
Notice is hereby given to you of entry of a judgment against you in the above matter.
Prothonotary.A'G
Date:
-
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0852 CIVIL TERM
MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
Please issue a Writ of Execution in the above matter.
Principal debt
Interest to 03/18/08
(per diem $4.66)
O'B , BARIC H
'i
David A. Baric, Esquire
Pa I.D. 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
?
Date: 10/0
$20,721.99
$ 326.20
TOTAL: $21,048.19
CERTIFICATE OF SERVICE
I hereby certify that on April 16 , 2008, I, David A. Baric, Esquire, of O'Brien,
Baric & Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
David A. Baric, Esquire
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-852 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ORRSTOWN BANK, 77 EAST KING STREET,
SHIPPENSBURG, PA 17257 Plaintiff (s)
From RENEE S COY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$21,048.19
Interest
Atty's Comm %
Atty Paid $.
Plaintiff Paid
Date: APRIL 16, 2008
L.L.$.50
Due Prothy $2.00
Other Costs
Curti R. Long, Protho
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
.- 4 -
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2008-0852 CIVIL TERM
RENEE S. COY MORTGAGE FORECLOSURE
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
NOTICE OF SALE UNDER
PENNSYLVANIA R.C.P. 3129.2
1) The premises which is the subject of this action and Notice of Sale is located at
118 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania, with a parcel
number 34-34-2417-073 and described as follows:
ALL that certain lot of ground with improvements thereon erected, situate in the
Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road,
South 22 1/2 degrees East 38.5 feet to a stake; thence with lot of ground now or
formerly of D.W. VanScyoc, South 53 1/2 degrees West 220 feet; thence with said
lands, North 36 1/2 degrees West 30 feet to a stake at lands now or formerly of the
West End Land Company; thence with said lands, North 52 degrees East 211 feet
to a stake at the edge of the McCalister Road, the place of BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger,
husband and wife, by deed of Mary Woltz, widow, by her attorneys-in-fact,
Joanne W. Minnich and Michelle E. Woltz, dated May 21, 2003 and recorded in
Cumberland County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073
2) If you have any questions concerning this Notice, you should contact your
attorney.
+46-
.qr 3) The time and place of the Sheriffs Sale is Wednesday, September 3, 2008 at
10:00 a.m., in the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013.
4) The sale is being held on Judgment entered in Orrstown Bank v. Renee S. Coy,
docketed to 2008-0852 in the Court of Common Pleas of Cumberland County.
5) The name of the owner or reputed owner is are Renee S. Coy.
NOTICE OF SCHEDULING OF DISTRIBUTION
6) A schedule of distribution will be filed by the Sheriff on a date specified by the
Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter.
Respectfully submitted,
6 EN, BARIC & SCH
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
DATE: 64-/1 b /CAS
-4, %,
LEGAL DESCRIPTION
ALL that certain lot of ground with improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road, South 22 1/2
degrees East 38.5 feet to a stake; thence with lot of ground now or formerly of D.W. VanScyoc,
South 53 1/2 degrees West 220 feet; thence with said lands, North 36 1/2 degrees West 30 feet to
a stake at lands now or formerly of the West End Land Company; thence with said lands, North
52 degrees East 211 feet to a stake at the edge of the McCalister Road, the place of
BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger, husband and
wife, by deed of Mary Woltz, widow, by her attorneys-in-fact, Joanne W. Minnich and Michelle
E. Woltz, dated May 21, 2003 and recorded in Cumberland County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2008-0852 CIVIL TERM
RENEE S. COY MORTGAGE FORECLOSURE
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets
forth as of the date of the Writ of Execution was filed the following information concerning the
real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by
reference.
1. Name and address of owner or reputed owner:
Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
2. Name and address of the defendant in the judgment:
Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Orrstown Bank 77 East King Street
Shippensburg, PA 17257
Cumberland County Tax Claim Bureau One Courthouse Square
Carlisle, PA 17013
4.
Name and address of the last recorded holder of every mortgage of record:
Orrstown Bank
5.
77 East King Street
Shippensburg, PA 17257
Name and address of every other person who has any record lien on the property:
Orrstown Bank 77 East King Street
Shippensburg, PA 17257
Cumberland County Tax Claim Bureau 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: n/a
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale: n/a
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to orn falsifications to authoriti
Date: p4 b'p I j.
David A. Baric, Esquire
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL that certain lot of ground with improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road, South 22 1/2
degrees East 38.5 feet to a stake; thence with lot of ground now or formerly of D.W. VanScyoc,
South 53 1/2 degrees West 220 feet; thence with said lands, North 36 1/2 degrees West 30 feet to
a stake at lands now or formerly of the West End Land Company; thence with said lands, North
52 degrees East 211 feet to a stake at the edge of the McCalister Road, the place of
BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger, husband and
wife, by deed of Mary Woltz, widow, by her attorneys-in-fact, Joanne W. Minnich and Michelle
E. Woltz, dated May 21, 2003 and recorded in Cumberland County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073
EXHIBIT "A"
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0852 CIVIL TERM
MORTGAGE FORECLOSURE
AFF-WAVIT OF ADDRESS
I, David A. Baric, Esquire, do hereby afti t that the last known address of the Defendant,
Renee S. Coy is 118 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania and
that the Defendant is the owner of the mortgaged property.
O'BRIEN, BARIC & SCHE
David A. Baric, Esquire
SWORN TO AND
SUBSCRIBED BEFORE
ME THIS I DAY OF APRIL, 2008.
Not u i
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S. Lindsay, Notary Public
My Canrnisslon Cad E)Orres Nov. 29,2011
Member, Pennsylvania Association of Notaries
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0852 CIVIL TERM
MORTGAGE FORECLOSURE
AFFIDAVIT REGARDING NOTICE
PURSUANT TO ACT 91
I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notices required pursuant
to Act 91 and Act 6 were mailed to the Defendant on or about December 6, 2007.
O'BRIEN, BARIC & SCHERE
David A. Baric, Esquire
SWORN TO AND
SUBSCRIBED BEFORE ME
THIS I (?c DAY OF APRIL, 2008.
P I
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S. Lindsay, Notary Public
Cadisle Som, Gxnberland County
My Commission E)Ores Nov. 29, 2011
Member, Pennsylvania Association of Notaries
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2008-0852 CIVIL TERM
RENEE S. COY MORTGAGE FORECLOSURE
118 NORTH FAYETTE STREET :
SHIPPENSBURG, PA 17257
Defendant
NOTICE PURSUANT TO PA. R.C.P. 3129
Notice is hereby given to the following parties who hold one or more mortgage, judgment
or tax liens against the real estate of Renee S. Coy.
Orrstown Bank
Cumberland County Tax Claim Bureau
77 East King Street
Shippensburg, Pennsylvania 17257
One Courthouse Square
Carlisle, Pennsylvania 17013
You are hereby notified that on September 3, 2008, at 10:00 a.m., prevailing time, by
virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County,
Pennsylvania, on the judgment of Orrstown Bank v. Renee S. Coy, No. 2008-0852, the Sheriff
of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania, real estate of Renee S. Coy, known
and numbered 118 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania, with
a parcel number 34-34-2417-073. A description of said real estate is hereto attached.
You are further notified that a Schedule of Distribution of Proposed Distribution will be
filed by the Sheriff of Cumberland County on , and distribution
will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10)
days thereafter.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to prote our interest ' any, ing notified of said
Sheriffs Sale.
DATE: 04-110 David A. Baric, Esquire
I.D. # 44853
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
•
LEGAL DESCRIPTION
ALL that certain lot of ground with improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road, South 22 1/2
degrees East 38.5 feet to a stake; thence with lot of ground now or formerly of D.W. VanScyoc,
South 53 1/2 degrees West 220 feet; thence with said lands, North 36 1/2 degrees West 30 feet to
a stake at lands now or formerly of the West End Land Company; thence with said lands, North
52 degrees East 211 feet to a stake at the edge of the McCalister Road, the place of
BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger, husband and
wife, by deed of Mary Woltz, widow, by her attorneys-in-fact, Joanne W. Minnich and Michelle
E. Woltz, dated May 21, 2003 and recorded in Cumberland County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0852 CIVIL TERM
MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE
OF SALE UNDER PA.R.C.P. 3129.2
I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under
Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on
the United States Postal Service Certificate Of Mailing Receipts attached hereto.
Respectfully submitted,
A'RIEN, BA & ;SC R
David A. Banc, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT '
PROVIDE FOR INSURANCE-POSTMASTER
Received From: ?
O'Br??n ?ar,c??- Schfr?r v,
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One piece of ordinary mail addressed to:
Orrshwn &M
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PS Form 3817, January 2001
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
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One piece of ordinary mail addressed to: Q
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PS Form 3817, January 2001
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Orrstown Bank is the grantee the same having been sold to said grantee on
the 3rd day of SSe tember A.D., 202008, under and by virtue of a writ Execution issued on the 16th day
of April, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2008
Number 852, at the suit of Orrstown Bank against Renee S Coy is duly recorded as Instrument Number
200840573.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this X79_ day of
A.D.i9 n
N
of Deeds
Racdd: of -aoa, • umbertand County. Cadisb, PA
My Comp issw Expires the First Monday of Jan. 2010
Orrstown Bank
VS
Renee S. Coy
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-852 Civil Term
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May
17, 2008 at 0832 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Renee S. Coy, by
making known unto Renee Coy personally, at 118 North Fayette Street, Shippensburg, Cumberland
County, Pennsylvania its contents and at the same time handing to her personally the said true and
correct copies of the same.
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July
03, 2008 at 1632 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Renee S. Coy located at 118 North
Fayette Street, Shippensburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Renee S. Coy
by regular mail to her last known address of 118 North Fayette Street, Shippensburg, PA 17257.
This letter was mailed under the date of July 2, 2008 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3,
2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney David A. Baric, on
behalf of Orrstown Bank. It being the highest bid and best price received for the same, Orrstown
Bank, of 77 East King Street, P.O. Box 250, Shippensburg, PA 17257, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $923.68.
Sheriff s Costs:
Docketing $30.00
Poundage 18.11
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 40.00
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 272.93
Share of Bills 17.64
Distribution of Proceeds 25.00
Sheriffs Deed 49.50
68
$ 933 C°
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So Answers:
R. Thomas Kline, Sheriff
BY Jt?
Real Estate Sergeant
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-0852 CIVIL TERM
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets
forth as of the date of the Writ of Execution was filed the following information concerning the
real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by
reference.
1. Name and address of owner or reputed owner:
Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
2. Name and address of the defendant in the judgment:
Renee S. Coy
118 North Fayette Street
Shippensburg, Pennsylvania 17257
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Orrstown Bank 77 East King Street
Shippensburg, PA 17257
Cumberland County Tax Claim Bureau One Courthouse Square
Carlisle, PA 17013
4.
Name and address of the last recorded holder of every mortgage of record:
Orrstown Bank
5.
77 East King Street
Shippensburg, PA 17257
Name and address of every other person who has any record lien on the property:
Orrstown Bank 77 East King Street
Shippensburg, PA 17257
Cumberland County Tax Claim Bureau One Courthouse Square
Carlisle, PA 17013
b.
Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: n/a
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale: n/a
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to orn falsifications to authoriti
Date: 04-/J b ' b% j?
David A. Baric, Esquire
Attorney for Plaintiff
'--1Z 11
LEGAL DESCRIPTION
ALL that certain lot of ground with improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road, South 22 1/2
degrees East 38.5 feet to a stake; thence with lot of ground now or formerly of D.W. VanScyoc,
South 53 1/2 degrees West 220 feet; thence with said lands, North 36 1/2 degrees West 30 feet to
a stake at lands now or formerly of the West End Land Company; thence with said lands, North
52 degrees East 211 feet to a stake at the edge of the McCalister Road, the place of
BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger, husband and
wife, by deed of Mary Woltz, widow, by her attorneys-in-fact, Joanne W. Minnich and Michelle
E. Woltz, dated May 21, 2003 and recorded in Cumberland County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073
EXHIBIT "A"
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
RENEE S. COY
118 NORTH FAYETTE STREET
SHIPPENSBURG, PA 17257
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2-
NO. 2008-0852 CIVIL TERM rZ'r
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MORTGAGE FORECLOSURE r_
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NOTICE OF SALE UNDER
PENNSYLVANIA R.C.P. 3129.2
1) The premises which is the subject of this action and Notice of Sale is located at
118 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania, with a parcel
number 34-34-2417-073 and described as follows:
ALL that certain lot of ground with improvements thereon erected, situate in the
Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road,
South 22 1/2 degrees East 38.5 feet to a stake; thence with lot of ground now or
formerly of D.W. VanScyoc, South 53 1/2 degrees West 220 feet; thence with said
lands, North 36 1/2 degrees West 30 feet to a stake at lands now or formerly of the
West End Land Company; thence with said lands, North 52 degrees East 211 feet
to a stake at the edge of the McCalister Road, the place of BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger,
husband and wife, by deed of Mary Woltz, widow, by her attorneys-in-fact,
Joanne W. Minnich and Michelle E. Woltz, dated May 21, 2003 and recorded in
Cumberland County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073
2) If you have any questions concerning this Notice, you should contact your
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attorney.
A
3) The time and place of the Sheriffs Sale is Wednesday, September 3, 2008 at
10:00 a.m., in the Sheriffs Office, Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013.
4) The sale is being held on Judgment entered in Orrstown Bank v. Renee S. Coy,
docketed to 2008-0852 in the Court of Common Pleas of Cumberland County.
5) The name of the owner or reputed owner is are Renee S. Coy.
NOTICE OF SCHEDULING OF DISTRIBUTION
6) A schedule of distribution will be filed by the Sheriff on a date specified by the
Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in
accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter.
Respectfully submitted,
' EN, BARIC & SCH
1
Z,
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
DATE: b+ /I b /bs
LEGAL DESCRIPTION
ALL that certain lot of ground with improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a stake at the edge of the McCalister Road; thence with said road, South 22 1/2
degrees East 38.5 feet to a stake; thence with lot of ground now or formerly of D.W. VanScyoc,
South 53 1/2 degrees West 220 feet; thence with said lands, North 36 1/2 degrees West 30 feet to
a stake at lands now or formerly of the West End Land Company; thence with said lands, North
52 degrees East 211 feet to a stake at the edge of the McCalister Road, the place of
BEGINNING.
BEING the same real estate conveyed to Jack E. Barger, Jr. and Renee B. Barger, husband and
wife, by deed of Mary Woltz, widow, by her attorneys-in-fact, Joanne W. Minnich and Michelle
E. Woltz, dated May 21, 2003 and recorded in Cumberland County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073
WRIT OF EXECUTION and/or ATTACHMENT
COM1g6NWEALTH OF PENNSYLVANIA) N008-852 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ORRSTOWN BANK, 77 EAST KING STREET,
SHIPPENSBURG, PA 17257 Plaintiff (s)
From RENEE S COY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$21,048.19
L.L.$.50
Interest '3 31008 Ver dies . 0 4.lo(o Salo . 20
Atty's Comm % Due Prothy $2.00
Atty Paid $ 1 (o G•79'
Other Costs
Plaintiff Paid
Date: APRIL 16, 2008
(Seal)
I 1z' L&VY-1Z.4
Curtis . Long, Proth
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
Real Estate Sale #07
On May 1, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Shippensburg Borough, Cumberland County, FA
Known and numbered as 118 North Fayette Street, Shippensburg
more fully described on Exhibit "A"
!Vg
filed with this writ and by this reference
incorporated herein.
Date: May 1, 2008 By: 4
Real Est a Sergeant
hS :Z d L I W 001
33?b3WS 3Hi
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 18 July 25 and August 1, 2008
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.
f
Lisa Marie Coyne,
TO AND SUBSCRIBED before me this
j .day of August, 2008
'?/?No?tarry
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
VA" " NO 7
Writ No. 2008-852 Civil
Orrstown Bank
VS.
Renee S. Coy
Atty.: Dave Baric
LEGAL DESCRIPTION
ALL Ott cWtOin lat of Vmmd with
improveomts thawn su-
ate bi,die ugh c ' e r ,
Cumbftum i, ?'m
bou ±ed mid dewr#wd as
BEGINNING at a stake at the edge
of the McCalister Road; thence with
said road, South 22 1/2 degrees East
38.5 feet to a stake; thence with lot
of ground now or formerly of D.W.
VanScyoc, South 53 1/2 degrees
West 220 feet; thence with said lands,
North 36 1/2 degrees West 30 feet to
a stake at lands now or formerly of
the West End Land Company; thence
with said lands, North 52 degrees
East 211 feet to a stake at the edge
of the McCalister Road, the place of
BEGINNING.
BEING the same real estate con-
veyed to Jack E. Barger, Jr. and
Renee B. Barger, husband and wife,
by deed of Mary Woltz, widow, by her
attorneys-in-fact, Joanne W. Minnich
and Michelle E. Woltz, dated May 21,
2003 and recorded in Cumberland
County Record 257, Page 2581.
PARCEL NO. 34-34-2417-073.
fte Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
t4fPatriot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael J. Morrow, 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/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
07/23/08
07/30/08
Sworn to
fordme
Notary Public
of August, 2008 A.D.
08/06/08
C?MAM EAL. rH OF PENNSYLVANIA
Nolatim sea, i
SFw* L Kimw, Nobly Ptd*
??Carn?idonBq*as 1
Memb°'. P'""erlvaMs Asroolaq? of NOWA09
. tai d11MAr:1111obliM 7
Wit No. 2000-062 ClvN Tom
Qn,
fJMudt
S t:oy
LEGAL DESeftYrf"
ALL that carbim lot of gonna with
mVwwmeau d"em mftd; sitdaae is the
Bot * of lopi hila rg, Combeda®d Cot aty,
Peotit een, bomtded Had desmlW as
followx ;
BEGINNING at a` stake at the edge of the
Idk-A ter [load; thwe with said road, South
22111 dWm Ew 385 feet to a stalre-thence
with lot of ground now or"formerly of D.W.
VmnScyoc, &a& 53111 deatet a *9 229 feet;
theme with acid ma k (North 36 In -degrees
%9 .30 feet b a stake it hinds stow or WMly
of the West End Land Compenj `dmm with
said lauds, North 52 degrees East 211-feet to a
stake at the edgy of the McColisler Aead, the
place of BEGINNING
BEING the samne mA ei w oaawfM to Jack E
h and Rptoq ¢atga, husband and
o
?
A
1Mni MY 21,w Rod
lemad lit BMW 2S7,
Page 2581.
PARCEL NO. 34-34-24.17-073