HomeMy WebLinkAbout08-2156ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
LUTHER R. PALMER
1805 FURMAN STREET
RUSTON, LA 71270
Defendant
IN THE COURT,OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-/S"(o 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.
LUTHER R. PALMER
1805 FURMAN STREET
RUSTON, LA 71270
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- 9 I .,?rG 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.
2. The Defendant is Luther R. Palmer, an adult individuals who resides at 1805
Furman Street, Ruston, LA 71270.
3. By Deed acknowledged on September 14, 2002, Artrell Palmer, Carole Palmer
Evans, Sherry Palmer Campbell and Kim Palmer Lee, conveyed their interests in the premises
described in Exhibit "A", attached hereto and made a part hereof, to Luther R. Palmer. This
Deed was recorded in Cumberland County Deed Book 257, Page 86, et seq., all of which pages
are incorporated herein by reference and made a part hereof. The premises are further described
as being 408 North West Street, Carlisle, Cumberland County, Pennsylvania. Luther R. Palmer
further acquired an interest in the premises through the will of Sarah Catherine Palmer as
referenced at estate proceeding no. 21-00-387.
4. On or about July 18, 2003, Luther R. Palmer, 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 the Recorder of Deeds on July 24, 2003, at Cumberland
County Record Book 1825, Page 332, et seq., all of which pages are incorporated herein by
reference and made a part hereof.
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 and Note
by failing to make payments due October, 2007, November, 2007, December, 2007, January,
2008, February, 2008 and March, 2008.
7. Defendant is the present record partial owner of the premises described in Exhibit
"A' and is the real partial owner of the premises.
Plaintiff served Notice of Plaintiff s Intention to Foreclose and Act 91 notice to
the Defendant via certificate of mailing on or about January 10, 2008.
9. Attached hereto and marked Exhibit "D" are true and correct copies of the
combined Notice of Intention to Foreclose and Act 91 Notice mailed to the Defendant.
10. Attached hereto and marked Exhibit "B" is a true and correct copy of the
certificate of mailing for the combined notice.
11. The original principal amount of the Mortgage was $21,000.00.
12. 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 Note or Mortgage is not met,
then the entire indebtedness owing on the Mortgage and Note obligation shall become due and
payable immediately at the declaration of the Mortgagee.
13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
14. The following amounts are presently due on the said Mortgage and Note
calculated to March 4, 2008:
Principal $18,795.21
Interest to 03/04/08 $ 440.83
(per diem $3.46)
Late Charge $ 73.22
Other Charges $ 51.52
Reasonable attorneys fees $ 1,879.52
fixed by Plaintiff for purposes
of this Complaint
(10% of principal debt)
TOTAL: $21,240.30
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of
$21,240.30, plus interest thereafter at the contract per diem rate from March 4, 2008, and costs
and expenses against the Defendant, Mortgagor and real partial owner and seeks foreclosure and
Sheriff's Sale of the mortgaged property in Exhibit "A".
Respectfully submitted,
O' EN, BARIC & SCHE
t
a
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Orrstown Bank
dab. dir/orrstownbank/palmer/foreclosurecomplaint. pld
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. This verification is signed by David A. Baric,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as
documents reviewed by the undersigned as attorney for Plaintiff. This verification will be
substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said verification. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unsworn falsifications to authorities.
z
David A. Baric, Esquire
Dated: April 3, 2008
...iE
.....?LAND COUNTY'
03 MY 13 Pal 2 28
Tax Parcel No:
0600.1789406
DEED .
MADE THE day of in the
year of Our
Lord two thousand two (2002)
BETWEEN ARTRELL PALMER, CAROLE PALMER EVANS, SHERRY
PALM CR CAMPBELL and KIM P +' LEE, of Baltimore, Maryland,
GRANTORS,
and LUTHER R. PALMED of Carlisle, Cumberland County, Pennsylvania,
GRANTEE,
WITNESSETH, that in consideration of One and no/100 ($1.00) Dollar in hand paid, the
receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the
said Grantee, his heirs and assigns,
ALL THAT CERTAIN property and lot of ground located in the Borough of Carlisle,
County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the West side ofNorth West Street; thence along the property
of No. 406 North West Street, North 77 degrees 45 minutes West, a distance of 93 feet to the
East side of a 12 foot Public'Alley; thence along the East side of the above Public Alley, North 12
degrees 15 minutes East, a distance of 14.41 % feet to a point; thence along property of No. 410
North West Street, South 77 degrees 45 minutes East, a distance of 93 feet to a point on the West
side of North West Street; thence along the West side of North West Street, South 12 degrees 15
minutes West, a distance of 14.41 % feet to a point, the place of BEGINNING.
KNOWN as and numbered 408 North West Street.
TOGETHER with the right of ingress and egress and the common use of all that certain
alley way located between properties nos. 408 and 410 North West Street.
BEING the same property which Pierson K. Miller and Margaret S. Miller, husband and
wife, by their Deed dated January 14, 1954, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County in Deed Book "N", Volume 15, Page 192, granted and conveyed
unto William H. Palmer and Sarah Catherine Palmer, husband and wife. The said William H.
Palmer died on March 24, 1995, thereby vesting fee simple title, by operation of law, in his
surviving spouse, Sarah Catherine Palmer.
plc 07 lff 86
Exhibit "A"
The said Sarah Catherine Palmer died testate on March 19, 2000, and by her Last Will and
Tit duly proven and registered in the Office of the Register of Wills in and for Cumberland
County, Pennsylvania, at Estate Proceeding No. 21400-387, she devised the hereinbefore
described property to her tight (8) children' namely Julia Ann Stadkfieid, WUHarn R Palmer, Jr.,
Shbiey Mae Palmer, Joan Marie Washington, Louis M. Palmer, LucWo Jean Simpson, Jacqueline
Louise Palmer, and Luther R Palmer.
The said Louis M. Palmer predeceased the said Sarah Catherine-Palmer, dying intestate on
July 14, 1998, leaving to survive him as his sole issue, two (2) natural daughters, namely Artrell
Palmer and Carole Palmer Evans and two (2) daughters, namely Sherry Palmer Campbell and Kim
19el? 67, and Lee, adopted by ereterod to docket 9/AD, Folio 78 Can NCo 1139No. 2 of 81 AD filed J? X16 January 1 Tani,
January ,
The said Artrell Palmer, Carole Palmer Evans, Sherry Palmer Campbell and Kim Palmer
Lee hereby convey any right, title and interest they may have in the above described property and
do release and quit-claim said property to the said Grantees herein.
AND the said Grantors hereby covenant and agree that they and each of them will warrant
SPECIALLY the property hereby conveyed.
IN WITNESS WHMEOF, said Grantors have hereunto set their hands and seals the day
and year first above written.
Signed, sealed and delivered
in the presence of
Carole Palmer Evans
AUAWCOM
NOTARY Kew STALE OF MARYLAM
box W7 P&Coe jW EvkwMare 1 20RS
STATE OF BALTIMORE )
COUNTY OF -91A 1Y SS. "Zl
?
On this, the day of . -40- t'e#4b,LP, 2002, before
me, the undampW officer, personally appeared Artreil Palmer, known to me (or satisfactorily
proven) to be the person whose name is gibed to the within instrument, and acknowledged
that she executed the same for the purposes therein contained.
IN WrINESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
STATE OF BALTIMORE )
s5. a 15- (? -`i8if
?? MJBUC STiVE (? ?YWCY?AI?i
?C i a3
MWA COUNTY OF
On this, the J * day of St,gte m IN -t- f, -, 2002, before
mee, the undersigned off ca•, personalty appeared Carole Palmer Evans, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained,
IN WITNESS WBEREOF, I hereunto set my hand and official seal.
Notary Public
STATE OF BALTIMORE
L?1•'uT' ti
66. - r'Q'W FLOW MR OF AOJMM
COUNTY OF i ) * CWWSOM Exom. J&.h I
On this, the 14 day of u { eML ¢ +(? 2002, before
me, the undersigned officer, personally appeared Shiny Palmer Campbell, known to me (or
saddhetorily proven) to be the person whose name is subscribed to the within instrument, and
6ooK W PAGE 86
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
STATE OF BALTIMORE cR
COUNTY OF ss. o!? -?q.3
On this, the ! day of s-e2002, before
me, the undersigned officer, personally appeared Kim Palmer Lee, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My CAmmidon Elm M th t .200
5
CERTMCATE OF RESIDENCE
I do hereby certify that the precise residence and complete post office address of the
within named Grantee LuT%Eiq R. FALMEg horei.n is. RA follows:
228 wasr gao&tj srpscr, Su1rE a., R?chMeK , VA 23220
/ 2003 ,
Attorney 1
!mac 257 McE 89
COMMONWEALTH OF P4V
COUNTY OF CUMBERLAND
: SS.
Recorded on this day of A.D. 2002, in the Recorder's
Office of the said County, in Deed Book Page
Given under my hand and seal of the said office, the date above written,
Recorder
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fn Cumberland County PA
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,4EV-183 EX (6-96)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280603
HARRISBURG, PA 17128-0603
REALTY TRANSFER TAX
STATEMENT OF VALUE
PA
Complete each section and file In duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed
Is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from in
based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s).
A CORRESPONDENT - All inquiries may be directed to the following person:
Name:
HAROLD S. IRWIN, III umpnone numoer.
Q+-+ AA -..... 717243-6090
w-Y.
35 EAST HIGH STREET CARLISLE
B TRANSFER DATA
ARTRELL PALMER, at al
2121 WINSOR GARDEN LANE APT 544D
BALTIMORE MD
C PROPERTY LOCATION
Street Address:
408 NORTH WEST STREET
County:
CUMBERLAND
D VALUATION DATA
1. Actual Cash Consideration:
$ 3,600.00
4. County Assessed Value:
E EXEMPTION DATA
la. Amount of Exemption Claimed:
$27,083.33 I
21207
LUTHER R. PALMER
RECORDERS USE ONLY
Stets Tax Paid
Book Number
Page Number
Date Recorded
17013
April 5,
224 WwsT 8?pwp S'1'IRatt'?T, SutTE 2
?y? Shate? ?:.. r•....
RICHMOND VA
CARLISLE AREA
X
2. Check Appropriate Box Below for Exemption Claimed:
_ Will or Intestate succession:
2!92-7-o
06-20-1789-206
s.
cedent) (Estate Flle Number)
Transfer to Industrial Development Agency. (Name of be-
.
Transfer to a trust. (Attach complete copy of trust agreement Identifying all beneficiaries.)
Transfer between principal and agent (Attach complete copy of agency / straw party agreement.)
Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
(If condemnation or in lieu of condemnation, attach copy of resolution.)
Transfer from a mortgagor to a holder of a mortgage in default. Mortgage Book Number Page Number
Corrective or confirmatory deed (Attach complete copy of the prior deed being corrected or confirmed.)
Statutory corporate consolidation, merger or division. (Attach copy of articles.)
X Other (Please explain exemption claimed, if other than listed above.) GRANTEE PURCHASED ONLY A 1/6 (OR 16.67%) INTEREST IN
PREMISES (TOTAL VALUE OF $32,300 ON MOTHER'S INHERITANCE TAX RETURN) FROM GRANTORS FOR A TOTAL PURCHASE
PRICE OF $3,600.00.
Under penalties of law, I declare that 1 have examined this Statement, including accompanying Information, and to the beat of-my-
f my knowledge
and belief it I s, correct and complete.
Slgnatu)* yaf'Vrespondent or Responsible Partv n . r4..a,.
APRIL 18. 2003
BOROUGH
REFUSAL TO RECORD THE DEED.
. PROMISSORY NOTE
I References in the shaded area are for Lender's use only and do not limit the applicability of this document to an
Any Item above containing "• • •" has been omitted due to text length limitations y particular loan or item
Borrower: LUTHER R PALMER (SSN: 208_38_5080) Lender: ORRSTOWN BANK
408 N WEST STREET HANOVER STREET OFFICE
CARLISLE, PA 17013 PO BOX 250
SHIPPENSBURG, PA 17257
Principal Amount: $21,000.00 Interest Rate: 6.750% Date of Note: July 18, 2003
Maturity Date: July 18, 2018
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 Twenty-one Thousand & 001100 Dollars ($21,000.00), together with interest at the rate of 6.750% per annum on the
unpaid principal balance from July 23, 2003, until paid in full.
PAYMENT. 1 will pay this loan In 180 payments of $195.72 each payment. My first payment Is due August 18, 2003, and all sub
payments are due on the same day of each month after that. M final Sequent
My payment will be due on July 18, 2018, and will be for 811 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 3651365 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, HANOVER STREET OFFICE, PO 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.
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 Coliateralization. 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 toss, 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 (and no event of default will have occurred) if 1, 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 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 the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me
Ll-'k 4 L.: 1 11, ..
PROMISSORY NOTE
Loan No: 180031111 (COrnflwed) Page 2
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, all the terms and
conditions of which are hereby incorporated and made a part of this Note: a Mortgage dated July 18, 2003, to Lender on real property located in
CUMBERLAND County, Commonwealth of Pennsylvania.
CREDIT INSURANCE.1 have chosen to purchase Single Life 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 apart
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 P.O. BOX 250 SHIPPENSBURG, PA 17257
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other
person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, 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 "1", "me", and "my" mean each and all of the persons signing
below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I 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:
<..
LUT E , Individ ily
USER PRO Lending, Var. 3.22.00.002 Copr. Harland Financial Solutions, Inc. 7007, 2002. All Rignu Rasa-ad. - PA O %CFnLPL1D2QFC TR-5010 PR-2
I 4?? R4 ?.?
RECORDATION REQUESTED BY:
ORRSTOWN BLANK ` : , ?...
MANOVIR STREET OFFICE `D lr `uri 250
NVP MMMG, PA 17257 03 J(/(2 N CUNT
WHEN RECORDED MAIL TO:
HIS 1113 .
PORRSTOyyI BLANK
.0. BOX 250
BH PPBMMG, PA 17257
MORTGAGE
THIS MORTGAGE dated July 18, 2003, Is ltlede and executed balween LUTHER R PALAIER
108 N WEST STREET, CARLISLE, PA 17013 (Warred to below as "GralflDr") and ORRSTOWN BANK "
address Is PO BOX 250, SHIPPENSBURG, PA 17257 (ref wed to below as -Lender-?
Londw NT O;NMotOR<tTranE pht v5? ? ?? b the Its grants, barpekef, ?,
to A
MW build Idlowkvg deecrbed real • transient, rWeeea Conltrns and mortgagee
letameta, t tamenbt,merrh an no a Y. ,
respect ittarNo; all water, vvaler Appurtenant her stow, and the rewrelans and
royalties. Pp?rOft ? rtp_ dghle. walercciraes and ditch rights (Including stock In utlNas with dlich or
hApaSon rtgfrtsk and Y oMarn wtih
P+'cP?ya") b«Md retail CUMj8 P D WWWrt?without IrtYletion Y minamill, ati. BeoUhermal and tkflar tnatlera, ?fa
Unty, 9/14/02 DEED DATED91140OAECORDED IN BOOK 257, ? Of N CARLISLE BORO °Re?
The Red PrcPertY or ft address is commonly known as 105 N WEST STREET, CARLISLE, PA 17013.
Grantor PnWmy asslgns to Under Of of Gratora right. Oft. and bearers In and to all prawns and tUttae MM of the Property and all Rants from the
Property. M addition. Grantor grants to Landr a UnIlorm CommsrcW Coda sscurly Name! In the PwsonW Properly and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF ARM AND THE SECURITY INiEREBT IN THE ROWS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDWTMINEMIS AND IS) PERPORMANCof OF ANY AND ALL OBLIGATIONS 1J1D6i THE NOTE 1N
THE ORIGINAL PRINCIPAL AMOUNT OF $21,500.00, THE RELATED DOCK, AND THIS MORTGAGE. THIS MORTGAGE 18 GIYEIH AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgaga, Grantor WWI pay to Lender all amounts secured this M
as tray become due and shell OW* pvtorm all of Grantors obligations under this Mortgage. DY ortgape
POSSESSION fol" r AND MAINTENANCE OF THE PROPERTY. Grantor somas that Grams possession and use of the Property shell be govsmad by the
Posesso n and, Use. Usti the oocunarvoe of an Event of Default. Grantor may (1) remain in Possession and control of the
operate or manage the Properly; and (ol) collect the Refs from the Property. ProPecfy (2) use.
OW to Moftn. Grantor
necessary to preeerva value ti maintain this Property in good condition and promptly Perform all repairs, caplacenrants, and nainlenaroe
Its .
Compliance with Emrhownse al Laws. Grantor represents and warrants to Londi r that (1) During the period of GmnW* owns" of the
Prop", there has bean no use, generation, manufacture, storage, Ireatrtwf, disposal, miease or throderpd rafaeas of any Hazardous
Substance by any Person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to beleve that there has been,
except p m previously t o. and Acknowledged by Lander In writing. (U any breach or Wolttlon of any Environmental Laws, (b) any use,
generation.
by any prior overuse or occupants treatment, t, disposal, release or threatened release of any Hazardous Subslenoo on, under. about or from the
Prop" such rr by any and (n Except or as the Property, or (c) any actual or threatened Mfigation or deft of any kind by any person reloing
to such m ; agent or a0ar authorized previously disclosed to and acknowledged by Lender In writing, (a) neNhr Grantor nor any want,
SuDslanor. on, under. about t
or Property, from the usar of Do Property stall use, generate, manufacture. Wore. treat, dlepose of or release any Hazardous
and local lows, regulations and ordirances. Innagnwitho) ut Iany such activity mitation el mAron mrdW conducted Laws. ant r ? wlleUa PlceNbygents tb =* mithortme this on uupProperty on the wNhpae t abomak of tucch nspectge? ind tsstssac? or t3 Mo duo, Lender may doom appropriate to closer. In@ comp?b,rveof the
construed to create any responsibility or Mablfly on the part of Lender by Grantor r r or to any shah be other for Lender's The re purposes
and warranties only and shell not bs
cotelnsd heraln are based on Orentors due diligence In Imwtigetlng ifN
a an hemby, ( And
waives arty future claims against finder for Indemnify or ootrbugon In the event Gfor rantor Htr buo ecoms treb es liablenoes for . Grantor
cleanup renuptor or ohsnbYMa o releases s and
such laws; and (2) agrees to Indemnify and hold harmless Leader against costs under
which Lender may directly or Ind4ec0y sustain or suffer resulting m a b arty and all t1Wma. loses, Mortgage kbM#sk damages, npenalties, seq a end aspen any
gerldratiprior on, rranufr,e, storeQe, dNPDW release or fhreaHenaddrrWraaeoccurrlmg this swoon to of OraIators Ora o cotmepun t of any use,
whelhar or not the same was or should have been known to Grantor. The of this b or Interest In obligation to
indemnify, shot survive the a Pn and r o vo race of ot then f this Mortgage, Mortgage the shotn e
Bowled by Lenders io YmsnU of the l In the the
er by forecedenceudro or o o0iotherwianwlap Ice lien of this Mrtgapa and etas not be
acquisition of any Interest in Ice Property. whether by a.
Nuisance, Wade. Grantor shall not cause. conduct or Parmit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of sew Property. Wlhord Wiling the gumerality of the foregoing, Grantor will not remove, or prat to any other Party the
right to remove. any timber. minerals (including at and ges), coal. clay, scone. Boo, gravel or rock products without Lenders Prior wrtftsn consent.
Removal of Improvement& Grantor shall not demolish or remove any Improvements from the Rol
P
consent. As a condition to the remove) of any Improvements. Lender may require Grantor to make arrangements, Property without Lendan prior wrNlen
such improvements with improvements of at Mast equal value. satisfactory to Lender to replace
Lende rr' t Right is M and to . inspect Lander a Real s agents and representatives may enter upon the Real Property of WI reasonable times to attend to
with Property for purposes of Granters compliance with the terms and conditions of this Mortgage.
Compliance Governmental
~. of at g°tn?ha a f equicu ceble t0 the use shall
,?r?ff y? art laws, ordinances, and regulations, now or hereafter in
ordina prior r dolati and withhold compliance, ry?? Y Proceeding. Including & Property. mGAPPa?alssmay o long contest C aIn Wth ntorg?as notified Lenhder In
Grantor prior
poet doing s e and so o or e s opinion, Lenders Interests In the Property we not t
array bond, reasonably satlafacbry to Lender, to protect Lenders Interest. Lender may reglfre
Duty 16 P?roltneo . Grantor agrees frneither om the Ab"on or
and avve o unattended ceha? the Property. Grantor shall do all Dow ads. in addition to those ects ass
TAX forth
AND abL1e In this
The on, the Properly are reasonably necessary to WOW and preserve the Property.
following ; ENS. provisions relating to tho taxes and Doris on the Property are part of this Mortgage:
Payment. Grantor shall whion dip (and In all events prior to d?? r? taxes. payroll tow, special taxes. assessments. water charges
and saw service tha against or on account of the Pr sholl
renftvd or material furnished to the Pro. Landw under this Mortgage, except for those hens aped maintain the, Property hse any Hers ehaving ptfor l priority over or equal done on or for services
the keereef of
due as further specified in the Right to Contest paragraph. agreed raetf to in writing by Lander. and except the Ito Ion of faxes and assessments not
R19M I*
Paley so b? Len Gr tsrsayf the Property rpayment of any tax, Assessment. or claim In connection with a good faith dispute over the obligation to
Is not )eopardWd. If a Men arises or Is Mad as a result of nonpayment. Grantor shell within Mben
8K 1825PGO332
Exhibit rkC
MORTGAGE
Pap 2
(16) days ale the Oen srtees or, M a Ilan is fled, within Olken (15) days alter Grantor has notice at the MM feclre the
dill-hargis by he llien der, dapcatt with Lander cash or • mu"IdInt corporafa surely bond or other security, se discharge of the Pon, or N
any conlaat Granter s any coals and a0wneys' teas, or other Charges that could accrue as a result I8 to Lender in an amount Sufficient shag defend 111011 and Lender and shall Battey any adverse judgment baton mfult of a ant ro??e or sofa under the ban. In
name Lender es an addndnal abtigee under any Surety bond furnished In the contest proceedings. gnat PrOParty Grantor shelf
8idetae of int. Granter shot upon dsmWW furnish to Lender satisfactory evidence of payment of the taxes or aeseesnhente and shall
authorrna the appropriate gohernnrherhtet ofikW to deliver to Lender at any time it written statement Of the fazes and areeesnente again to
PrGPant1'•
1a01ke of Construction. Grantor shall notify Lender at teat fifteen (15) days before any work Is earn need, any services are lurnishxd or any
arterimis arm or me*"' h? wAl? Property, N any mechanlc's lion, matertelmen's ion, or other Ilan could be asserted on account of the work, services,
cat of such krprovsmen request Of Lender }venial to Lender advance assurances eatlafadory to Lender that Grantor can and will pay the
PROPERTY DAMAGE l"8U LANCE. The following Provfalon s relating to Insuring the Property are a part of this Marlow:
MalnlWWM Of keurartee. Grantor shelf procure and maintain policies at fare Insurance with standard eudendsd coverage endosemenq on a
repteanent basis for the U insurable wtlus oovenlg all ImProvernente on the Real Property in an amount 3WOdent 104 vow application of any
cdneunnw clops, and with a standard mcriPM clause in favor of Lander. Policies shall be widen by such Ifewancs span les and In such
form as may be NR@Wably aoospfabte to Lender. Grantor shall deliver to Lander arlMrba Of col,nape from each Insurer conpining a
any stlPulNon dot ocvarage will not be canceled or dkninieled without a minimum of ten (10) days' prior written notice to Under and not cwftnkg
coverape?In vor h Under wA10iba for m1dure to ? such noaa. Each insurance policy also that Include an endorsement pro ft that
Property Ifavor In an area any way by any at omission or default of Grantor or any other parson. Should the Real
agrees to obtain and maintain w Flood by the Director of the Federal Emergency Management Agency as a specyt flood hazard area. Grantor
special flood fan and area. for the full u nuance. N avalable, within 45 days after notice is given by Lander that to P?
maximum npab principal balance of the loan and any prior tens on the properly securing a located in
the policy the form of the loam set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for
falls two d o o of within billion Proceaft (6j r?Ilp ptY notify Lander of any loss or damage to the casualty. Whether or not Landers security Is Impatiretl?La mar rat makeander proof of lose N Grantor
retain the proceeds of any Insurance and apply the proceeds to do reduction of the Indebtedness, y' eteg the reoetve and
the restoration a and d it of t e Property. rt a manner Lander nNr > ? to apply the proceeds to restoration and r?epairaG Grantor Dan shelf repair of ,spice tier
the or from tahdory to Lender. Lander shall, upon saNNactory proof of such apendture, pay or ntor
restoration N Grantor is not in default under this Morlgage. Any prooseds
the which YAth reimb have not been from the pr disbursed rasa ?80 da tailor le_ C real t repair or which restoration of Property
shall be used Nast to pay any amount owing to Lender under this
Marlow, tender lea aOt Committed b the repair or f hba mind be
applied b the ptrcipat balance of the Indebtedness. If Lander h0lds nY prtan to pay accreted full of the and the remainder, e . suc If race stall be
be paid to Grantor as Gmnbrs interests may appear. Drocoods after payment In full of the Indebtedness. such proceeds shall
LENDER'S DES. If Grantor fafs (A) to keep the Property free of at taxes, Ions, security interests, encumbrances, and other deft, (S)
to provide any ngWnd Insurance an the Property. or (C) to nuke repairs to the P
commenced that would materially affect Lender's Interests in to rcWr1Y than Lender may do sIs If any action or prooesdnp is
that Lender believes to be appropriate to protect Lenders intoa AN o than Lender on Or Paid by Lender for may. but Is not required to, take bear ar Interest
eat
at the reds charged under to Nob from the dab Incurred or paid by Land the date of f repayment by Grantor. At such ar?aees em will become a part
Of the hhdebbdnon and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the No4anndbe apportioned a pert
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 asababoon payment which will be due and payable at the Noble me". The Mortgage also will secure payment of
atheme ccount amounts. The rights such _ for In Oft paragraph shelf be In addition to any other right or any remedies to which Under may be entitled on
would have had. default. Granter tlsuch an toton by Lander shd not be owntrued as curtrg the default to as to bar Lender from any remedy that tt otherwise
w old have h DEFENSE OF TITLE. The beder for all such manses Shall survive the entry of any mortgage foreclosure judgment.
rag provisions retailing to ownership of the Property we a part of this Mortgage:
Tile. Grantor wwmtB tat: (a) Grantor holds good and merkstable tihte of record to the Property in
encumbrances other than those set forth In the PAW Property description or In any fps Insurance , be of
p elite' free and clear n ion all Is a and final favor of, and accepted by. Lander in comacton with this Mortgage, and (b) Grantor has the full rightPower, and authority a Bute and deliver
this Marlow to Under.
Defoe of Tills. Subject to to exception In the paragraph above. Grantor warrants and will forever defend the tits to the Property lawful claims of all pwsons. In the even) arty action or proceeding Is commenced that question Grantors ft or the Interest of Lander under this
onOW alp the
arlo to parti cantors in delmind the action at Grantors axpsree. Grantor may be the nominal party in such proceeding, but Under shall be n1prowl9al In cause to be delivered, to Lander suchh Instruments as Lander may the prOaed? by t counsel of Lenders own ohdos, and Grantor will datver, or
Compliance _ _ may request from time to time time to permit such participation.
utthat
ey Property and Grantors use of the Property complies with all oxlsti
ordinances and regulations ofrardar governments!
nB applicable laws,
Servhal of Prometew All promises, agreements, and statements Grantor has made in this Mortgage shall survive the vocution and delivery of
this Mortgage, *Me be continuing in nature and shall remain in full fora and effect un8 such time a Grantors Indebtedness is paid in fut.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedinga If any procesdkg in condemruflon is filed. Grantor shall promPOY ncYlY Lander In writing, and Grantor shall promptly take such
stops es may ba reasaary b defend the action and obteln to award. Grantor may to the nominal party In such proceeding. but Under aloe be
snlNbd to partldpab In the fxoeeedrg and to ba ra(xseented fan the prooesdlrg by counW of its own choice, and Grantor gwig , dMver a ruse to
Ener from time to time to permit such Participation.
domain Proceedings or by any P?oceedng or purchase
t
repair Or reafOretlOn Of the Property. The net proceeds Of the award shelf mesn the pr proceeds O the award be applied to the Indebtedness
after noys' yes incurred by Lander In Conrhectlon with the condemnation. payment of at actual costs. expenses, and
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental fazes, (see
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lander, Grantor shall mmuts such documents In addition to this Mortgaq and take
whatever other action is requested by Lander to perfect and continue Landers tan on the Real
Property. taxes, as described below, together wNh all apsnaes Incurred In recording. perfecting continuing this Grantor shag ng without Lender for
an
fhb Mortgage, indttd amaation as
taxes, lea, documentary stamps, and otter charges for recording or registering g this Marlow.
r?& The following *W oonstlule faxes to which trim section applies: (t) a specific tax upon this We of Mortgage or upon all or any part of
the IndebtednNS secured cure by b thiOft s Mortgage; (2) a apadec tax on Grantor which Grantor Is authorised or payments on
by type of Mortgage; (3) a tax on this type of Mortga ngWren a deduct from
and (4) a specific lax on all or any portion of the Indebtedness or on ge chargeable against the Lender or the hider of the NOW
Subeequerrt Tows. If payments of principal and Interest nude by Grantor.
stash as an Evert of tax to which this section applies Is enacted subsequent to the date of this Mortgage, this avant shat have the sane
ether (1) pays the fate ?a and It ? wa else any or all of to available remedies for an Event Of Default as provided below unless Grantor
Lander ash or a suf dent delinquent, a (2) contests the lax to provided above In the Taxes and Lions section and deposits with
corporate surety bond or other seolxily satisfactory to Lander.
WCUR17Y AGREEMENT; FINANCING STATEMENTS. The following Provisions raising to this Mortgage as a securty agreement are a part of this
Mortgage:
Securely Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes futures, and Lander shall
have elf of the rights of a secured party under the Uniform Commercial Code ad amended from time to time.
Security Interest. Upon request by Lender, Grantor shat execute financing statements and take whatever other action Is requested by Lender to
aK 1825PG0333
MORTGAGE
(Continued)
Pop 3
perfect and continue Landsrla sscudty keenest in the Personal Property. In addition to recording this mortgage In to raft ply Lando
may, at any Ime and without further auw a aation from Grantor, ft suascufad counterparts, copies or "product" of art MOVW
111111MMIL Grantor shall reimbse rod femove, ewer or deteoh the mP qhr for an ear omt Incurred . peAsclrg or
coMNWng ti. Security kterest. Upon a
dallault, Slid
the Property in a manner and at a plant from the
convenient Upon ??, Granter spa 4s- t- any Peraonst Property not afbrd to
110010 of writer demand from hander to the convenient 10 Gramcr and Lando and make l evaNabN to Lender within three (3) days after
satimi per, by Applicable law.
A
granted ddreane. The making tddraasee Of Grantor (debtor) and Lander (secured p") from which inlonrrYon conosmi g Ina Security interest
FLt1T1#R by this MwWW may be obtaksd (each As required by the UNbrm Comrryroyl Coda) are ee Mabd on this Oro page of tie Mwlpage.
a part of thk: ADDITIONAL AUTHORIZATIONS. The blowing provisions relating to father eminences and additional atthotenlors are
ortpage:
Further Aeemeloeg. At Any tine, and from time to time, upon request of Lander, Grader will make, eaecute and delver, or will aura to be
as this case i delMarad, to Lender or 10 L#ndtrh dSstgnee, and when raO=W by Larder, cause to be ttW , warded,
marueocrsad l
deeds of friar, may be, of such tkmnaa and in Such oboes and places as Lander may class" appraprltlt, any and sl Such ?WM
deeds. security agreements, financing steterrsnts, ocnitnudon sblanwrig, inshun aria of Refer allemande,
and other documents as may, In the sob o*lw of Lanier, be necessary or desirable in order to etteduate, eonpyye. oerMioatee.
oblig
, OWWAN, or GrankA
Md Milk us
ations by
prilservis this (Mortggpe as *d and prior taro on the Nft #4 Mortgage. and the Rd, prtrasef
Documents, and (2) the Isss and Security it ft is created
agrees to the conlrary in writing, Grantor shah rein mnbwse Lander fnow or a?ind mrperims; IrKv by r.ecl with the makers ?ke to in
this paragraph.
AddM Cn@i AUVWUAllone. If Grantor tans to do airy d the things referred to In tie preceding paragraph, Lender may do so for and In the name
of Grantor and at Grantor's aopanse. For such purposes, Grantor hereby irrevocably authoAma tender to make. eaacub. driver, RS, record and
do All Other things AS may be necessary or dmkabb, In L eaft sob opinion, to accomplish to matters relerred to In the pmWng paragraph. H
Is understood that noting ass tofh harem go require Lander to take any such acoom
FULL PERFORMANCE. M Grantor pays all the Indebtedness when due, and otherwise pmts,, ail the obligation imposed upon Grantor under this
Motgaps. Lender stela arrcub and deliver to Grantor a sultebb eelefecbn of tie Mortgage and suitable staWnants of termination of any financing
statement on flu ayidenoing L.ender% moistly inisin In the Rants and the personal prop". Grantor win PAY, I permitted by aWk" law, any
reasonable Isrminslon fee ee ddsi n d by Lender from lme to Ime.
EVENTS OF DEFALLT. At candies option. Grantor will be In default under this Monpage it any of the following happen:
Payment DO M. Grantor falls to make any payment when due under the Indabtednme.
D~ an Oom Pei I ailure Other payment necessary 10 PraFvwd fil? d of Grantor within the or to etsc discharge required by this Mongags to rnaks any Payment for taxes o Insurance, or any
of Any Non,
"0 ODW Prermtlees. Grantor breaks any promise made to Lander or fails to perform Pr-PIY At the Imo and strictly In the manner provided in
this Mortgage or in any agreement related to this Mortgage.
FAA Shbmonte. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the
Related Documents Is tales or misleading in any material respect. ether now or at the time made or Imntehed.
0000" COIagaUltiOn. This Mortgage or any of the Related Documents oases to be In full fora and effect (Including failure of any collateral
document to oroate a valid and perfected aeeutty Interest or lion) at any time and for any reason.
sea Death (w I
for the rsftt Of credits, grantor, the Insolvency of Grantor, the appddment of a racstusr for any put of Grantor's property, any
laws b or nY hype of creditor wok A or the cammanoerrent of any proonding undo any bankruptcy or
laws by or a against Grantor. However, the death of any Grantor will not be an Everd of Dsleul ti as a result of to death of Granathe
fully covered by credit Its insurance.
has of he This ropedae AnWft y d*editor or governmenW agency trim to take any of the Property or any other of Grantor's property In welch Lander
the claim on which the tail Nhe Nag of or tevtMq on GraN" Accounts with Larder. However. I Grantor dteputes in good tenth wtslher
Lender with monies or e properly r bared veld or reasonable, and I Grantor ohm Larder anltltn notice of the claim anfurnish"
surety bond Satisfactory to Lender to 3gtlsfy aty #0 the claim. than this dsfeul provlalon will not apply.
?nY grace Period P WL Any bra h by under Grantor the Wm Of any other Wasimant between Grantor and Lander amt is not remedied
within
Lender, whether atdseng now or later. Including without any agreement concerning arty Indebtedness or otter obligation of Grantor 10
Event All FSng Guaranlor. Any of the preceding events occurs with respect to any guarantor. endorsor. surety, or accommodation party d any
of the Indebtedness w any guarantor, endorser, surely. or swOmmodalon party dles or becomes Incompetent, or revokes or disputes to validity
of, or Iebft under, any Qum* of the Indabtodrtees. In the went Of a death. Lander, at IS option. may, but 00 not be squired to. Penn the
a"aa Erarvtoco
t of e? assume unconditionally is obligations arbing under the guaranty in a manner salsitctory to Lander, and, in doing so, oars
Rlghl b Cure. If such a failure is curable and I Grantor has not been given a nice of it broach Of the same provision of this Morlpags wMtn the
precedino twelve (12) months. I may be cued (and no Event of Default will have occurred) if Grantor, after Lander ands written note
demanding one Of such feWro (a) curve the failure within mean (15) days; or (b) I the cure requires more than fifteen (15) days, Immediately
inltistee atepe suflldut to cure the tenure and thereafter continues and complain an reasonable and necesaery atspa autncisnt to Produce
compliance as anon as reasonably practical.
RIGHTS AND REMEDIES ON DEFALLT. Upon the occurrence of an Event of Default and at any lime theraatler, Lander, at Lenders option, may
torercise any one or more of the following rights and remedies, In addition to any other rights or remedies Provided by law:
Accaienle Mdabbdno$L Lander shall have the right at NO option, after ping etch notices as required by applicable law, to declare the entire
Indebtedness immediately due and payable.
RR to all or any part of the Personal Property. Lander shill have an the rights and remedies of a secured party under
the
Uniform Commercial Code
Contact Rwtte. Larder $hall have to right, without notice to Grantor, to take possession of the Property and collect the Rents, Including amounts
pest due and unpaid. and apply the rat proceeds, own and above Landoy cats, against the Indebtednoe. In furthwnes of this right, Lender
than Grartorakmrevoocably aauthor? Untlsrr to Prop" ere UsMOO kum?ts rowived in or
payment use payment tfew hhderiscoaof lay M to the Lads name of . f the R Grantor obb t collected by Larder,
and Cc14ct the Proceeds. Payments by terente or other users to Lando in response to LAMM% demand 511411 and d to negotiate the same
the
payments are made, whether or not any proper grounds far the demand existed, Lender may wairclae ft nighty unndder the this a? Mors for alt her
person, by apart, or though a rwelver. Paragraph anher In
Appoint Realer. Lender 311411 have the right to have a rashly appointed to take possession Of all or arty part of the Property, with the power to
protect and preserve the Property, to operate the property preceding foreclosure or orb, and to ddisct the Rata from the Property and apply the
PrOCOOds. owroandabove the cost of the reaherahiP, against the Indebtedness. The recsiver may sow without bond if permitted by law.
Lender's right t the appointment of a reoelver shell NW whetter or not the apparent vetua Of the Property eoaeeeds the Indebtedness by a
substantial ern oud. Employnwt by Under shah not disqualify a person from aervtng as a soeiver.
Judicial FOredbeura. Lender may obtain a Judicial dories foreclosing Grantor's inim I In as or any pen of the prop".
NOnJ KWW Sale. If permitted by applicable law, Under may foreclose Grantors Interest in ail or in any pan of the Personal Property or the Real
Properly by n-qudoist sale.
DokWW Judgmer f. Under may obtain a Judgment for any delcleney re"Ming In the Indebtedness due to Lander after appioslon of all
amounts received from the eorarclas of the rights provided in this section.
Tenancy at Sut wance. If Grantor remains in possession of the Property after the Property is add as Provided above or Lanier dherwlae
becomes 0~ to possession of the Property upon default of Grantor. Grantor shad become a bream at aufterancs of fonder or On pucheser
of?this latProperty and Shall, at Lender's option, either (1) Pay a rassonable rental for the uee of the Property. or (2) vaate the Prop"
Immediately upon the demand of Lender.
BK 1 82SPG0334
MORTGAGE
(Continued)
Page 4
O
Sale of No
ther Reeradho. Lander shall have of other rights and remedies provided In Chia Mortgage or the Nola or available at few or in equity. PMPWW. NW g ?To the cadent p by apt?abte law, Grantor hereby waives any and all right to have the Property marshalled. In
No rights
or tiny ache. Lender a1Wl be antltl?id tooWdatit?, public be *in to sale on o? any portionofof the the together or separately, in one asN or by typ,aro
Itioap of S" Lender will give Grantor reasonable notice of the time and piece of any public safe of the Personal Property or of the time after
which any private sale or other intended d $PCaltlon of the PWWW Prop" is to be made. Unless otherwise required by applicable law,
reasonable rtolfa shelf mean notice gives at Nael ten (10) days before the time of ft sae or disposition. Any sale of the Personal
be made In conjunction with any sale of the Red Property, Property may
M- F 11An of ReeNdes. AN of Lender's rights and romedles will be cumulative and may be warciwd alone or together. An election by Lander to
choose any ne 9m n9mad y will not bar Lender from using any oiler romody. If Lender decides to spend money or to perform any of Grantor's
obligations under ortgage,
OW to sfeectss Lender's lesatlx Gmnore felfure to do so, that decision by Lender will not affect Lender's right to declare Grantor In default
Anorneye Filer DtVMsae. M Lender institutes any suit or attim to enforce any of the terms of 06 Mortgage, Lander shall be wooled to recover
such sum as the court any od* ae a??, foss at kW and upon any appeal. WanOw or not any court action is Invdved, and
to the silent not stponsee Lender Incurs that In Lender's opinion an *m for the protection of
Its Inhead or the entorosment of its nights shall become a part of the Indebtedness payable on demand and >f?lfat a r Irate se at the Nola rap
from the data of the algertdlfl re unlg repaid. Expanep covered by this paragraph Include, without Imtiaoon, however subject to arty limits under
applicable lew, Lender's attorneys' Nos and Lertdera NWf axpsnaee, whetter or rat Mere N a lawsuit, including attarr"' fees and wperaes fee
aoolfacion servlae? cant a?aeaegntrM fneearcle, obfaferitvaap arty eubmetlo spy all unction). Appeals, and any anticipated poxHudgment
title hwnna, ro the ardent 9 rig tale repata (Indudirtg roreoloeurs reports), surveyors' reports , and
appralsal permiMsd by IPPticabb few. Grantor atso will psy any court call. In addition to all lap she
ItOT1CE$. Unless otherwtes provided by appltable lew, any rlotloe requires ro be Ion under Mte other same provided by kw.
eMectlvs when actually daNversd, when actually mcetvsd by faNleairntN (anuses otlterwlss Maigaga shWh be given deposited e In writing, as d shall be
required ftl
to
Mite efiowrn nsei t?hiMbeg nnlrg they MoaMed in lee united slefee mil, a first dace. OwMW or registered mail postage prepaid, directed nallonalty
M
w
ortgags shill be sent to Undoes addmes, as shown?n v Me b inrtrg Mfarrdure from the holder of any lien which has priority over ft
under this Mortgage by gMing ormaal written notice to the otter parson te, ?" fylrp thaAny t p the person
Is heto x chai han address t for ndlas
purpose of the may f the n his notice or
address. For notice purposes, Grantor ogress to a pat a es of Grantoes se pr Person's
applicable law, N them le more than are Grantor. any woLender e d n by?nder at to any Grantor Is do curt to address. gUnit= iven t at Grant provided by
Grantor's raeporisgity o fell the others of the notice from Lender.
Y deemed to be radloo given to aft Grantors. It will be
MIsCmIAIE" PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Mrandreents. What Is written In this Mortgage and In the Related Documents is Grantor's entire agreement with Lender conmr, rig the matters
covered by this Mortga
effective boundobligated by he chaTo be nge or dmeint Qe or amendment to this Mortgage moat be In wANrp and must be "nod by whoever will be
Caption Hidings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or door* the
provisions of this Mortgage.
Igo Waftrer by Lender. Grantor unciarstends Lender wig not give up any of Candor's ' hts under this Mortgage unless Lender does so in waiting. that
omits
to in up of rights, The ante Lenders slays Mtn does n sc mean ny right will will n not an Met have to comply
Lender hex given up that right. If Lander does agree In writing to give
h
appens again. further that NFL^is der do uorn" to a request, that does not mean that ? II the nab ? h Hof this Morlg? Grantor also
will be required to consort to ndarelends that just because Lender consents to one or more of Grantors consent rOQUUtL again ti the situation mean arty of Grenfora future requests. Grantor waives presentment, demand for paymeent protest a?nogiadishonor. finds of this bogy. If wet not be that any nof this Mortgage is not valid or should not be enoroed. that fed by Itself will not mean that the rest valid or
enforced Mortgage may be found to be Invalid or unenforceable. e, a court will enforce the reef of the provision of this Mortgage awn N a provision of this
Morgan. There shag be no merger of the Interest or estate croatod by this Mortgage with any otter interest or "to In the Properly at any time
held b or for the bernsllt of LarKdor in any capacity, without the wditn consent of Lender.
SUccownir fiders
The forms of a , an lab be enforceable his LMor e der anti it be cbinci esso anted Grantor, anti upon (imrttors heirs. Personal representatives successors.
Time Is of No Essence. Time le of the ssssnos In the performance of this Mortgage.
DEFINITIONS. The following words shoo have the following meanings when used In this Mortgage:
Borrower. The word Borrower" meone LUTHER R PALMER and Irduutes an 00-signers and co-makers signing the Note.
Envwm arrW Laws. The words'Envlronmental Laws" mean any and aft state. federal and local sfeoles, regulations and adinanoes releft to
the protection of human hearth or the environment. Including without limitation the Comprehensive Environmental
Rl
Liability Act of 1980, as amended. 42 U.S.C. Section 9801, at seq. ("CERCLA*). the Suparfund Amendments and Roras ??? ,and
L. No. 58-498 ("SARA', the Hazardous Motorists Transportation Act, 49 U.S.C. Section 1801, at o'?ab^ on Act , of 1 Roc Pub.
Act, 42 U.S.C. Section 8901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant a and eeavey
Event of Dahull. The words "Event of Default" mean any of the ovents of default set forth In this Mortgage In the events of default section of this
Mortgage.
Grantor. The word "Grantor" means LUTHER R PALMER.
Guaranty. The word "G annMa ens the guaranty from guarantor, endorser. surety, or accommodation party to Lender, Including without
limitation a guaranty of all or
Hazardous des. The words "Hazardous Substances" mean mttotats that, because of trek quantity. concentration or physical. chemical
or Infectious charaobrlea?.?y cause or pposo transported or potential hazard to human health or the environment when improperly used, treated,
stored. disposed of, or Otherwise handed. The wads "Hazardous Subs
broadest sense and include without limitation any and as hazardous or fordo substances, materials or waste as doll ed by used in than wry
Environmental Laws. The tern "Hazardous Substances" also Includes, without limitation, petroleum and petroleum b Y or titled under the
thereof and asbestos. Y prodoMls or any fraction
Improvements. The word Improvements" means all existing and future Improvements, buildings. structures, mobile homes affixed on the Real
Prop", facilities. additions, replacements and other construction w the Reel Property.
lndebtednaL The word "Indebtedness" means all principal. Interest, and other amounts, costs and woo ses payabie, under the Note or Related
Documents, fog *w with aI renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents
and any amounts amended or advanced by Lender to disc
obligations under this Mortgage. topether with Interest on such amounts ProviddedaIn this Mortexperen
g Incurred by Lender to enforce Gnntors
age.
Lender. The word 'Landee means
company that acquires any Interest In the a Nsote N BANK its successors and aaslgna. The wads 'aupCessors or assigns" mean anytvlpgpt51G p 3
Mortgage. The word "Mor*W means this Mortgage between Grantor and Lender. bid 1 J
Note. The word "Note" means the promissory note dated July 18.2003. In the origInal principal ournount of $21,000.00 from Grantor
to Lender, together with as renewals of, extension of, modifications of, refinancl
or agreement. The maturity date of thus Mortgage Is July 18, 2018. ^es of, coraCldations of, and substitutions for the promissory rep
Personal Property. The words "Personal Property' mean sit equipment, Ixturn, and other arocNa of
by Grantor. and now or henaMar attached or afbed to the Red Pmpery; together with so accessions, Personal property now or hereafter owned
and of subsltudons for, any of such property; and Puts, and additions to. a and refunds of
all rePlAmmorris of.
premiums) from any sale or other disposition of the Property with all Procesda (including without NmtteNon all inaormorapa proceeds and of
Property. The word "Property" means collectively the Real Properly and the Personal Property.
IK I PG 0335
MORTGAGE
(Continued p? 6
RsY Property. TM Words 4itW Roparty' mean Mts nal properly, inbrsats and ripMs, as htnMr dsscribad in mh Matpapa.
Relabel DoClMttanb. Ths words 'TitNabd Dootatrnls" mean aN Prorttlaery ? txedt aprsemartts, loan aprNntsnb, emAroratwtbl
alb 0 >? apresntenb, mtxfpapea, ttssda tN iruat, asctxriy deeds, COINMd tntxgapse, and a1 dher I
documetls, wtteUter now tx haraalbr odstktp, smeculad In txnnecgon wlm dts Indsblsdrtetta. '
Ranh. The ward 'Tianb' means aR prasNtt and tuttxe nMs, rawntws Irwwme, ksuss, royaltla, proES, and oMter berttrAb darlwd from Mts
PropartY•
GRANTOR ACICNOWL®GES ttAVING READ ALL Tl! PRO'V191pN8 OF TNIB MORTf'aAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GH1BI IJ1lDBt SEAL AND IT IS INTENDED THAT THIS MORTGAGE Ni AND SHALL CONSTITUTE AND HAKE TFf EFFECT
OF A SEAL® INSTHUMlNr ACCpiDNIG TO LAW.
X
X
CERTIFICATE OF RESIDENCE
I hereby cerYfy, mat the predse address of the mtxlpepes, ORRSTDWN BANK, Itenin is p follows:
FIANOVER STREET OFFICE, PO BOX flee, SHIPPEN86llat0, PA 17867
ttam?y arAeml ro artp?eq
INDIVIDUAL ACKNOWLEDGMENT
COMMON1NEAt.TH OF PEMlBYLYANIA
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on m?, the /? day to Qo
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Exhibit "D"
ORRST
O"
BANK
A Tradition of Excellence
January 10, 2008
Luther R. Palmer
1805 Furman Street
Ruston, La. 71270
7oc? L'cF/o oocZ aygV,7?s
c(opy
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
is
attached pages
a
e
be able to help to save your home v ~JJ?J Hnt,t rn
This Notice explains how the program works
To see if HFMeD ^. ,, i%^i- .._..
N
D
You meet with the Counseling Agency
game, address and phone number of Consumer
r Countv ara IictnA ,# #"- ---j _l -I- - .. .. --
impaired hearing can call (717) 780-1869)..
e
u
This Notice contains important legal information. If you have an
representatives at the Consumer Credit Counseling Agency may be able to help explains 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.
r
MER CRE
is
dit
Exhibit "E"
P.O. Box 250 • Shippensburg, PA 17257 • 717.530.3530 • 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): Luther R. Palmer
PROPERTY ADDRESS: 408 N. West Street
Carlisle, Pa. 17013
LOAN ACCT. NO.: 180031111
ORIGINAL LENDER: ORRSTOW I BANK
CURRENT LENDER/SERVICER:ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HO
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 vI = YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTAN('F vni I RAI IQ-r
EP
CU
E
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice,
you for thirty (30) days after the date of this meeting. The nathe mes e addresses* and to ee hoacon against
ne numbers
of designated consumer credit counselin a encies for the count in which the property 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 Brin it u to date)..
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 408 N. West Street Carlisle Pa. 17013 IS SERIOUSLY IN DEFAULT because YOU
HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due: October 18th--$ 89-43- November 18th __$ 195.72 and December 18tH
195.72.
Other charges (explain/itemize): LATE CHARGES--$ 70.72
TOTAL AMOUNT PAST DUE: 551.59
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $ 551.59.
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 ri hts to accelerate the morta e debt.
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgage property
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period. von will nn+ tie ..e,...:--I
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 revent the sale at an time u to one hour before the Sheriff's Sale. You may
do so by pavina the tntal amni m+ +k-- ___.& A.- _
s tees
a
the 'mortgage dsCuring your default inhthle mannedr setp forth
mortgage to the same position as if you had never defaulted.
s
31 1y Ull:er costs connected with the
ling any other requirements under
in this notice will restore your
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 Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
I•0111V yr Lenaer: prrstown Bank
Address: P.O. Box 250, 77 East Kin Street
Shi ensbur PA 17257
Phone Number: (7171 SIn_9aa4
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be t rtedtby
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
attorney's fees and costs are paid prior to or at the sale and that the other equire entgseof the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
?9
BETSY J. SMITH, COLLECTION DEPT.
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 6t' 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 American Red Cross -Hanover Chapter
1514 Derry Street 529 Carlisle Street
Harrisburg, PA 17104 Hanover, Pa. 17331
(717) 232-9757 (717) 637-3768
Fax (717) 234-2227 Fax (717) 637-3294
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3`d Street
Waynesboro, PA 17268
(717) 762-3285
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I
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2008-02156 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS.
PALMER LUTHER R
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT PALMER LUTHER R _,
by United States Certified Mail postage
prepaid, on the 4th day of April ,2008 at 0000:00 HOURS, at
1805 FURMAN STREET
RUSTON, LA 71270
a true
and attested copy of the attached COMPLAINT - MORT FARE Together
with
The returned
receipt card was signed by RETURNED AS "UNCLAIMED" on
00/00/0000 .
Additional Comments:
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answe
Y
18.00 6.28 Thomas Klin
.00 Sheriff of Cumberland County
10.00
.00
34.28 sfQ 08
Paid by OBRIEN BARIC SCHERER
Sworn and Subscribed to before me this
day of
on 05/07/2001
A.D.
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
NO. 2008- 2156 CIVIL TERM
V. ;
LUTHER R. PALMER MORTGAGE FORECLOSURE
1805 FURMAN STREET
RUSTON, LA 71270 :
Defendant
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please reinstate the Complaint filed in the above matter on April 4, 2008.
Date: August 13, 2008
Respectfully submitted,
O' , BAR11 &
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
NO. 2008- 2156 CIVIL TERM
V. :
LUTHER R. PALMER MORTGAGE FORECLOSURE
1805 FURMAN STREET
RUSTON, LA 71270
Defendant
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please reinstate the Complaint filed in the above matter on April 4, 2008.
Date: September 23, 2008
Respectfully submitted,
JON,. S R
D avid A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
I
CASE NO: 2008-02156 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS.
PALMER LUTHER R
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT PALMER LUTHER R
by United States Certified Mail postage
prepaid, on the 1st day of October 2008 at 1000:00 HOURS, at
115 COLLEGE DRIVE ST PAUL'S COLLEGE
LAWRENCEVILLE, VA 23868
and attested copy of the attached COMPLAINT - MORT FORE
with
a true
Together
The returned
receipt card was signed by LUTHER R PALMER on
00/00/0000 .
Additional Comments:
Sheriff's Costs: So answ
Docketing 18.00
Service .59 R. Thomas Kline
Certified Mail 6.41 Sheriff of Cumberland County
Surcharge 10.00
.00
35.00 ? 1012PJ°
Paid by OBRIEN BARIC SCHERER on 10/21/2008
Sworn and Subscribed to before me this
day of A.D.
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Lutkmr R. Pabmr 'g
115 College Drive
St. Paul's College
Lawreweville, VA 23868
7005 2570 0000 3803 29
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14 06-2156 Civil
M Form 1, lOE14 DarwMla Ilrla?rn
idlSY8?02•M-1540
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- 2156 CIVIL TERM
V.
LUTHER R. PALMER MORTGAGE FORECLOSURE
1805 FURMAN STREET
RUSTON, LA 71270
Defendant
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been discontinued without prejudice.
Respectfully submitted,
O , BARIC SCHERFk?
Date: November 4, 2008
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
4
ft.
CERTIFICATE OF SERVICE
I hereby certify that on November 4, 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to
the party listed below, as follows:
Luther R. Palmer
115 Colle e Drive
Lawrenceville, Vi inia 23868
David A. Baric, Esquire
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