HomeMy WebLinkAbout04-2368
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004- :2 3 &'3
CIVIL TERM
V.
CIVIL ACTION-LAW
DOUGLAS E. WISER,
LINDA 1. WISER,
1806 RITNER HIGHWAY
SHIPPENSBURG, PA 17257,
13 N. WASHINGTON STREET
SHIPPENSBURG, P A 17257
and BARBARA ALTIZER,
Terre Tenant of
1838 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
Defendants.
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 LA WYER 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 MAYBE 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,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-
CIVIL TERM
v.
CIVIL ACTION-LAW
DOUGLAS E. WISER,
LINDA 1. WISER,
1806 RITNER HIGHWAY
SHIPPENSBURG, PA 17257,
13 N. WASHINGTON STREET
SHIPPENSBURG, PA 17257
and BARBARA ALTIZER,
Terre Tenant of
1838 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
Defendants.
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:
I. 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, Douglas E. Wiser, is an adult individual residing at 1806 Ritner
Highway, Shippensburg, Cumberland County, Pennsylvania.
3. The Defendant, Linda 1. Wiser, is an adult individual residing at 13 North
Washington Street, Shippensburg, Cumberland County, Pennsylvania.
4. Upon information and belief, Barbara Altizer owns a mobile home which sits on a
portion of the land referenced in Exhibit "A"and holds a lease for said use. Barbara Altizer is an
adult individual who resides at 1838 Ritner Highway, Shippensburg, Cumberland County,
Pennsylvania.
5. By Deed dated October 2, 1985, Laszlo H. Bockh and Mary Elizabeth Blakeslee,
husband and wife and Mat Bockh and Susan Yokota, formerly Susan Bockh conveyed the
premises described in Exhibit "A", attached hereto and made a part hereof, to Douglas E. Wiser
and Linda L. Wiser. This Deed was recorded in Cumberland County Deed Book "N", Volume
31, Page 615, et seq., all of which pages are incorporated herein by reference and made a part
hereof. The premises are further described as being 1806 Ritner Highway, Shippensburg,
Cumberland County, Pennsylvania.
6. On or about June 17, 1999, Douglas E. Wiser and Linda L. Wiser, as Mortgagors,
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 June 30,
1999, at Cumberland County Record Book 1553, Page 830, et seq., all of which pages are
incorporated herein by reference and made a part hereof.
7. 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".
8. Defendants have defaulted under the terms and conditions of the Mortgage and
Note by failing to make payments due February, March and April, 2004.
9. Defendants are the present record owners of the premises described in Exhibit
"A" and the real owners of the property.
10. Plaintiff served Notice of Plaintiffs Intention to Foreclose and Act 91 Notice to
Defendants via registered and certificate of mailing on or about March 24, 2004.
11. Attached hereto and marked Exhibit "D" is a true and correct copy of the
combined Notice ofIntention to Foreclose and Act 91 Notice sent to each Defendant.
12. Attached hereto and marked Exhibit "E", are true and correct copies of the
certified mail receipts and certificate of mailing for Exhibit "D" as sent to Defendants.
13. 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.
14. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
15. The following amounts are presently due on the said Mortgage and Note
calculated to May 4, 2004:
Principal
$41,907.41
$ 179.64
Interest to 5/4/04
(per diern of $7.38)
Late charge
$ 489.74
Reasonable attorneys fees $ 2,095.37
as fixed by Plaintiff for
purposes of this Complaint
(5% of principal debt)
TOTAL: $44,672.16
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of
$52,252.88, plus interest thereafter at the contract per diem rate from May 4, 2004, and costs and
expenses against the Defendants, Mortgagors and real owners and the Terre Tenant and seeks
foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A".
Respectfully submitted,
David A. Baric, Esquire
J.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Orrstown Bank
--_.-.~_._-----'--".'-"'--"""""
05/14/2004 13:14
7172495755
DES
PAGE 07
VERIFICATION
The statements in the foregoing Cornplaint are based upon information which has been
assernbled by my attorney in this Htigation. The language ofthe statements is not my own. I
have read the statements; and to the extent that they ate based upon informatio.n which I have
given to my counsel, th.ey 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 18 Pa.C.S. ~
4904 relating to unsworn falsifications to authorities.
DATE: ::'-. /9.~'I
v:4~ 9 J~L
BdfSy J. Smith, Collector
Orrstown Bank
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HAb! the ~ .:tay of
THIS DEED
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. ia the ,year of our Lord One thou_
'aJ:Sd pia. hWlidred dBhty..fbe (19'8S).
BETWIllll
LASZLO B. BOCQ ncl HARY !LlZAB!TH BUXESLEE, bi. wife, of 700 7th Stra.t, S.W..
W..h1ascOG. D.C. f .. tenant, by the nUr.tie. of an. uDd1.vtded oI:le-hdt interest
.nd HAT IJOClOI ot 201 W..t 21,t Street. New Tork, Ne... York .nd SU~ YOlCO'l'A,
fOtlllerl~ knQw U SUUn :Bockb, of Guilford. Connecticut. .. tDante in CQ1lIIlon
of .n undivided one-half intere.t. hereinafter called GRANTORS, partie, of the
lint pare,
AND
DOUGLAS E. WISU. Itld LINDA L. lIIS!K. hI. wUe. 01 I. D. 4, ~ewvil1.. Ctaberl.nd
County. Penn~ylvan1.. bereinafter called CRANTEES, parti.. of the .econd ~attl
WITNESSETH, th.t in eon.ldaraCloo'of Eighty-TWo Thou..nd ($82,000.00)
Dol1.r., 1n h'nd paid. tbe receipt whereof 1a hereby ackaovledaed, the ssid
.rantora do h.~eby iraDt a~d conv,y to tbe aatd ,rantee.,
ALL that te~t.1~ t~.ct of laad with the iMprovement. the~eon erected.
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.!1euace 1ft Soutb Newton 1~.h1p. Cumberland County_ Pennsylvania, bounded And
;;~e.c:r1bed AS follows;
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BEGINNING at . point At the Inter.~ctlon of the center line of the
Governor Rituer Highway. U.S. 11, liitb the center 11ne 01 Township
RoAd. 1-330; thence with the center line of the Governor Ritner
Highway_ U.S. 11_ the follOWing course. and distance.: North 63
degree. 23 mInute. Ea.t 128.78 feet; North 62 degree. 7 minutes
EaBt 304.02 leet; North 60 degrees 47 minute. East 169.68 feet;
North 59 degree. 52 ainutes East 143.SS feet; North 59 degrees 12
mlnutea East 166.29 feet; North ~8 degrees 22 ~lnutes East 308.86
feet to . pointln the center line of the Gove~OT J1tner HIB~ay,
U.S. 11, at l1~ of land of Meyers; thence with the said Meyers
land South S8 degrees 20 minute. 23 seconds East 1019.2 feet to a
poat; thence with the same South 22 degrees 10 minute, East 173.42
, feet to a po,t at line of land of Hammond; thence with the said
Hammond land South 45 degree. 10 ~lnute8 West 1099.16 feet to a
point in the center l1ne of Township Roa4, T-3~Oj thence witb the
&001)/31 PAtE 615
EXIUBI7 ' A'
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center line of said Townsbip Road, T-330, the following courses
and distancea: North 26 degree. 38 minutes Weat 67.08 feet: Nortb
37 desrees 16 minutes Weat SO.O~ feet; North 49 degrees 1 minute'
Weat 43.63 feet; North S6 degrees 27 minute. Weat 60.15 feet;
Nnrth S9 degrees 27 _inute. Weat l69.97 feet; North 56 degrees
. 4 minuttl. West 267.48 teet; North S9 deBree. 32 II1nutea West
. "3n. 2.5 fee.q Nu[th 57 detr.ea 45 1llinutee West 144.25 feet; North
61 degree. 38 minutes Weat 56.05 feet; North 70 degrees 31 ainutes
Weat 52.4 feet; North 74 degree. S9 minutes Weat 59.15 feet; North
SO degree. 3 mlnutea Veat 41.87 feet; North 37 degrees 34 .inutes
Weat 115.98 feet to a point at the intersection of the center I1ne
of the Governor Ritner-Highway. V.S. 11. vith the center 11ne of
Township Ro"d. 1-330, the first mentioned point and place of
BEGINNING. CONTAINING 34.1 Acres oIccc)rd1.ng to survey and draft
of NOel B. Smith. R.S., dated July 28, 1970.
BEING tbe aalle real ntate which Ludo R. Boc:kh and Mary Elbabeth
Blakeslee, his wife and Mat Boc:kh and Susaa Bockh. hia wife, nov
ltitowa. a. Suaaa Yokota, by their deed dated February 17, 1977, and
recorded .-otlJ the dud records of CumlJedand County. Pennaylvania.
;tq Deed Book "A", VolUl1Mt 27. Page 450. granted and conveyed to
Laulo H. Boekh and Mary Elizabeth Blakede.t &18 vil<< and Kit
Bockh and SUlIIUl Bockb. hia wife. nov known .. Sua. Yokota, grantors
herda.
AND the ..1d arantora covanant and asree tbat they and each of th.. will
,warrant generally the property hereby conveyed.
the day and year fint .bove wdtteD.
IN WITNESS WHEREOF. s.1d arantor. have hereunto set their hands and ,eal.
Signed.aealed and delivered
in the presence of:
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Susan Yokota .
IOD!j/31 fACE 616
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On tbb, tbe 2.aL day of OcJG'\?oIr- I 1985, before me, the
under.laned officer, personally appeared Laszlo H. Bockh and ~ry Elizabetb
Blake,l..t hi. viCe. known to ae (or .atl.t.cear1!y proven) to be the per'On.
whon n'IIIU are lubac:dbed to the within In.tru.ent. and .c'r.nowlcdied that
theY,executed the .Ame fot the purpose. therein contaIned.
In vitne.. whereot.
1 hereunto aet (;:1'04 official .eal.
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Oa. chi't the ~ rL day 01 O"ibhP,..... # USS, before IDe, the under-
ligned officer. per.aoal!y appeared MAt loekh. known to me (or .acl.faccorl1y
proven) to be the per.od whose aGU: 1s 8ubscribed to the within lnatt'\.lllllu~.t. .
and .cknovledaed th.~ he executed the eama tor the purposes th.re;~'~~~:,
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Xa witn... wh~reot. l hll!lreunto set 1llY hand al1d official eel}/.~. ~-\!. .....~ to: \,
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Notary Publ1c '-"'. ~....;:::,..,
My commiasion expires:
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M1 Comm:s~lcn E1piru P.br. 31, 198\
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COMMONWEALTH OF PENNSYLVANIA ::::
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COIJllTY or IIJ-aI?k.... I 5S '...t.."./~
~n thi., the 'Ie;: day of O~. 1985, before IDe, the
uDderllgned officer, peraoD,lly appeared Su..n Yokota, known to me (or .ati.-
factodly provea) to be the penon whOI. DlIlH 18 8ub.cribed to the with1n
1tl1trument. aDd 8cmovled.e4 that Ib, executed lame for the puTpolee therein
coatdaed. . . .'
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In Wttae.. wereot, I hereunto .et my hand And off!dal aeal..../~n" O.~...r
/..... Co, .. ~ ~"t-;\~
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otary Public ;,,'." :1-...../..:7
My cOJlllllJ...ton exp1r..:~' ~ -;al-~;~..~'~:~"
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1 do hereby certify that the precl.e re.idence and complete pOlt offtce
addre'l of the witbin n..ed srantee i, R. D. 4, Newville. PA 17241.
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Date:
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;COMl<<)NWUt:ra OF PENNSYLVANIA:
I SS
C)UNTY or ctrKBtaLAND t
IlJ!CORDSD on th1. M- doy of Ccf-
A. D.. 19B5, in tbe
Racordu'. OllicI of the add County, 1n need Book -Jf-, VolUJM~ Pase
k:. GiVeD uDde~ 'IllY hand Ind the leal of f,:he ..id otfice. the dati above
writUn.
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PROMISSORY NOTE
I Principal i Loan Date I Maturity ; Loan No : Call : Collateral ! Account ! ONicer ilnitialE
$170,000.00 : 06-17-1999 I 06-22-2005' ; ;' ~ JBD l
\_ _ _ _ u. _ ___ ._____. _.___._ .___ un_______'___ __ _. . . _ _. 'u .__._ .__m'______ __ __ _ _ __u __.J____ . _. _ _ un _ __ ____ ___. .
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan 0; it~n",.- - ---,--
Borrower: DOUGLAS E. WISER (SSN: 18Cl-38-9393)
LINDA L. WISER (SSN: 398-44-8904)
1806 RITNER HWY
SHIPPENSBURG, PA lnS7
Lender: ORRSTOWN BANK
King Street Office
P.O. Box 250
n Easl King Street
Shlppensburg, PA lnS7
Principal Amount: $170,000,00 Initial Rate: 9.250% Date of Note: June 17, 199\
PROMISE TO PAY. DOUGLAS E. WISER end LINDA L. WISER ("Borrower") promise to pay to ORRSTOWN BANK ("Lender"), or order,ln lawfu
money of Ihe Unned Slates of America, the principal amount of One Hundred Seventy Thousand & 001100 Dollars ($170,000.00), logether Wilt
Interest on the unpaid principal balance from June 22,1999, unlll paid In full. The Interest rate will not Increase above 18.000%.
PAYMENT. Subject 10 eny payment changes resulllng from changes In Ihe Index, Borrower Will pay this loan on demand, or If no demand Is
made, In n paymenls of $3,097.42 each payment. Borrower's flrst payment Is due July 22, 1999, and all subsequenl paymenls are due on the
same day of each month aller Ihat. Borrower's nnal payment will be due on June 22, 2005, and will be lor all principal and all accrued Interesl
nol yet paid. Payments Include principal and Interest. The annual inlerest rate for this Note is computed on a 365/360 basis; that is, by apptying the
ralio of the annual inleresl rate over a year 01 360 days, multiplied by the oulslanding principal baiance, multiplied by the actual number 01 days the
principal balance is outslanding. Borrower will pay Lender at Lender's address shown above or at such olher place as Lender may designate in
writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, Ihen to principal, and any
remaining amount to any unpaid collection costs and late charges.
VARIABLE INTEREST RATE. The interest rale on this Note is subject to change from lime to lime based on changes in an independent index which
is the WALL STREET PRIME (the "Index"). The Index is not necessarily the lowest rate charged by Lender on tls loans. If the Index becomes
unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index
rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur
more offen than each day. The Index currenlly Is 7.750'1(, per annum. The Interest rate to be applied 10 Ihe unpaid principal balance of this Note
will be ala rale of 1.500 percentage points over the Index, adjusted If necessary for the maxImum rale Iimltalion (Iescrlbed below, resulting In
an Initial rale of 9.250'1(, per annum. Notwithstanding any olher provIsion Of this Note, Ihe variable Interesl rale or rales provided lor In thts
Note will be subject to the following maximum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than the Jesser of
18.000% per annum or the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one
or more of the following: (a) increase Borrower's payments to ensure Borrower's ioan will payoff by tls original final maturily date, (b) increase
Borrower's payments to cover accruing interest, (c) increase the number 0' Borrower's payments, and (d) continue Borrower's payments at the same
amount and increase Borrower's final payment.
PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed eanier than it is due. Early payments will not, unless agreed to
by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the
principal balance due and may result in Borrower making fewer payments.
LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000'1(, of Ihe regularly schedUled payment.
DEFAULT. Borrower wlli be in defau>> if any of the following happens: <a) Borrower tails to make any payment when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition
contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Any representation or
statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time
made or furnished. (d) Borrower dies or becomes insolvent, a reoeiver is appointed for any part of Borrower's property, Borrower makes an
assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency
laws. (e) Any creditor tries to take any of Borrower's properly on or in which Lender has a lien or security interest. This includes a garnishment of any
of Borrower's accounts wllh Lender. (f) Any of the events described in lhis delault section occurs with respect to any guarantor of this Note. (g) A
material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is
impaired.
If any default, other than a default in payment, is curable and If Borrower has 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 Borrower, atter receiving written notice from
Lender demanding cure of such default: (a) cures the default wllhin fifteen (15) days; or (b) If the cure requires more Ihan fiftean (t5) 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.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Nole and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Lender may hire or pay someone else to help
collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law,
Lender's attorneysl tees and Lender's legal expenses whether or not there is a lawsu!t, including attorneys' tees and legal expenses tor bankruptcy
proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If
not prohibited by applicable law, Borrower also will pay any court costs, in addition ~o all other sums provided by law. If judgment is entered in
connection with this Note, interest will continue 10 accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is
entered. This Nole has been delivered to Lender and accepted by Lender In the Commonweallh of Pennsylvania. If there Is a lawsull,
Borrower agrees upon Lender's request to submit to the JurisdictJon of the courts of Cumberland County J the Commonwealth of Pennsylvania.
This Note shall be governed by and construed in accordance with the laws of the Commonwealth of PennsylvanIa.
RIGHT OF SETOFF. Borrower grants to lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to
Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including
without limitation all accounts held jointly with someone else and aU accounts Borrower may open in the future, excluding however aI/IRA and Keogh
accounts, and all trust accounts far which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the ex1ent
permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts.
COLLA.TERAL. This Note is secured by, in addition to any other collateral, a Mortgage dated June 17, 1999, to Lender on real property located in
CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note.
6d.3\J..3~- Cleo;;;>"'"
EXliI8Il M 8M
06-17-1999
Loan No
PROMISSORY NOTE
(Continued)
Page
GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific defaull provisions or rights of Lender shali not preclude Lendel
right to declare payment of this Nole on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without Iosir
them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand fl
payment, protest and notice of dishonor. Upon any change in the terms of this Note. and unless otherwise expressly stated in writing, no party w~
signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from "ability. All such parties agree that Lendl
may renew or extend (repeatedly and for any Jength of time) this loan, or release any party or guarantor or collateral; or impair. fail to realize upon 4
perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to soyai'll
All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than Ihe party with whom the modilic.atio
is made. The obligations under this Note are joint and several.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING TH
VARIABLE INTEREST RATE PROVISIONS AND THE NOTICE TO COSIGNER SET FORTH BELOW. EACH BORROWER AGREES TO TH:
TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
/".; '''~ ./
X. ,_~":"'";.".:.:~:...:.. ._L~._,~':.::""'-'::~~."'::-:-"':'_.
DOUGLAS E. WISER
_ (SEAL)
x !M~!~~.~.i1~~. r~i:~i~;;i~@'1f.~~~$.~~!:*w~j; K~;=%fi~liJiJ
LINDA L: WISER
NOTICE TO COSIGNER
You are beIng asked 10 guarantee this debt. Think carefully belore you do. If the borrower doesn't pay Ihe debt, you will have 10. Be SUrE
you can afford to pay If you have to, and Ihat you went to acceplthls responsibility.
You may have to pay up to the full amount of Ihe debt If Ihe borrower does not pay. You may also have 10 pay late fees or collection costs,
which tncrease this amount.
The lender can collectlhls debt from you without flrsl trying to collect from Ihe borrower. The lender can use the same collecllon melhods
against you thai can be used agalnstlhe borrower, such as suing you, garnIshing your wages, elc. It this deblls ever In default, thatlact may
become a pari of YOUR credit record.
This nollce Is not Ihe contraclthat makes you liable lor the debt.
Variable Rate. Installment.
LASER PAO, Reg. U.S. Pat. & T.M. Off., Ver. 3.26c (C) 1999CFI ProServlces, Inc. All rights reserved.jPA-D20 F3.26b 0623BCL.LNl
,.
/OC' /'-7'
, .....:~'.:?t
RECORDATION REQUESTED BY:i-v'V C,;J. 3/ )..)& - 900 I
QRRSTOWN BANK - ? ,-, 0 '2.....--
P.O. Box 250
n Easll(lnll Slteet
Shlppensbu,g. PA 11257
~,._:;Ij: : :~::::D:;
.' I:: ,~; :71;~ {'.:.. ," ";-': _ :'.\
'99 JUN 30 fin 1013
WHEN RECORDED MAIL TO:
ORRSTQWN BANK
P.O. Box 250
T1 East King Streel
ShlppenSOurg, PA 17257
SPACE ABOVE nus LINE IS FOR RECORDER'S USE OM.
MORTGAGE
THIS MORTGAGE IS DATED JUNE 17, 1999, between DOUGLAS E. WISER and LINDA L. WISER, whoae add...
is 1806 RITNER HWY. SHIPPENSBURG, PA 17257 (referred to below 88 "Grantor"); and ORR5TOWN SAMe
whose address 18 P.O. Box 250, T1 East King Street, Shlppen.burg, PA 17257 (referred to below as "lender").
GRANT OF MORTGAGE. For valuable conaklerallon, Glanlor gran I., bargains, sell., conveys. ""gna. Iran"lels, releases conllrms '"'
mortgages 10 lender a" of Gtanlol"s righi, tille, and inlerest In and 10 !he fOllowing described real property, together with aU exisUng ~ SlJbseqllenU
ltf~led or affixed buildinos, Improvements and fiXtures; all streets, lanes, alleys, passages, and waYSi all 8Isemants, righls of WAY, an ~bertlr.
prIvileges, tenemenls, heredila!Tlents, and appurtenances lhefaunlo belonging or anywise made appur1enalll hereafte(, and lhe reversions 'Ill
remalndllfS With respeclthereto; a6 waler, water righls, walercolJl'SeS and dllCh rlghls (inctudlng slOCk In utilities wllh ditch or In'lgatiOn rights); and a
othe/" rights, roytllles, and prolils relating to Ihe real propS{ty, IncluditIQ wllhout Imitation all minerals, 011, gas, geothermal and slmilar matlers,locatee
In CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"):
SEE ATtACHED Dated: October 2. 1985, Book N31. Page 615
The Real Property or Ita address 18 commonly known as 1806 RITNER HWY, SHIPPENSBURG, PA 17257.
Grantor presently assigns 10 landS{ aU 01 Granlor's righi, litle, and interest In and to aU leases at ItIe Properly and all Rents from lhe Property. Ir
additiOn, GranlOf grants to Lendel' a Uniform Commetciat Coda security Interest In lhe PersoNlI property and Aanls.
DEFINITIONS. The fOllowlng words shaU have the followlng meanIngs when used In lhis Mortgage, Terms nat olhelwise defined In this Mortgage she~
have lhe meanIngs attributed 10 such terms In lhe Unilonn Comn'lerclal Code. AU references to dollar amounts shan mean amounts in lawlul money 01
IheUnlled518tesafAmerica.
Granlor. The word "Grenlor" means DOUGLAS E. WISER ,nd LINDA L. WtSER. The Grantor Is Ihe morlgagor under this Mortgage.
GUerantor. The WOI'd -Guarantor" means and Includes withoul Jlmilation each and alt of th6 guarantors, surelleS, and accommodallon parties In
connection with the Indet:lledness.
Improvements. The word 'mprovements" means and Includes without Umltation all existing and More lmprovemenls, buildings, structures,
mobile homes affbced on the Real Property, lacltities, additions, replacell'l6nls and olher consl(UCllon on the Real Property.
Indebtedn.... The word 'ndebledness. means all prtnclpal arld Interest payable under Ihe Note and any amounts expended or adVanced by
Lender 10 dIsCharge obllgallons of Grantor or expenses tncurred by lender 10 enforce obtigations of Granlor under thiS Mortgage, logelher wilh
Inlerest on such ,mounls as provided In lhls Mortgage.
lendar. The wQ(d ",ender" means QRRSTOWN BANK, Its successors and assigns. The lender is lhe mortgagee under Ihis Mortgage.
MortliJtlO'. The word "Mortgage- means Ihls Mortgage between Grantor and Lender, and Includes withoul Nmilatlon all assignments and security
Interest provislons relating 10 lhe Pitrsonal Property and Rents.
Note. ihe wOfd "Note" means the promissory nOIe or credit agreemar'll dated JUI18 17, 1999. In the original principal amount of
$170.000.00 from Grantor 10 lender, logether with aN renewals of, extensions 01, modifications of, rellnanclngs of, consolidalions 01, and
substitutions lor the promissory nole or agreemenl. The maturity dale of this Mortgage Is June 22, 200S. NOTICE TO GRANTOR: THE NOTE
CONTAINS A VARIABLE INTEREST RATE.
Pfrsonaf PropertY. The words "PBtSanal Property" mean alt equipmenl, IIxh.ll'll$, and olher artlcJes 01 pBlSOf\a/ property now or her4afler owned
b'{ Grantor, and now or h$r8efter i\tlache(l or affixed to tM Real Property; logElther with aU access/tlns, parls., and additions to, all replacemenls 01,
and an subslltullons for, eny 01 SUCh property; and logether with all proce'd$ (Including wllhout imitallon allnsurance proceeds and reluMs ot
premiums) !rom any sale Of olner dlsposlllon 01 the Properly.
Property. The word "Property" msans COIleclllfaty Ihe Real Property and the Personal Property.
Real Property. The words 'Real Property" mean Ihe properly, Inlerests and righls described abo~ In lhe "'Grant 01 Mortgaga- secllon.
Related DOcuments. The wordS "Relaled Documents. maan and Include wllhoul llmllallon all promissory nOI95, credit agreements, loan
agreements, environmental agreements, guaranlles, security agreements, mOl1gages, deeds 01 trust, and aa olner instrumenls, agreements and
documenls, whelher now or herealtaf exlstlng, executed In connectlon wilh Ihe Indebtedness.
Rents. Tne word "Renls" means all present and luture rents, revenues, Income, Issues, royallles, proflls, and olher benellls deri\l8d from lhe
Properf1t.
l'HtS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THe SeCURITY INTEREST IN THe RENTS AND PERSONAL PROPERTY, IS
GIVEN TO seCURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF AU. OBI..IGATIONS OF GRANTOR UIolDeR THIS
MORTGAGE ANO THE RELATED DOCUMSNTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOUOWING TERMS:
PAVMENT ANO PERFORMANCE. Except as otherwise prOVIded In IhIS Mortgage, Grantor Shall pay 10 lend&( aD amounls secured by IhIs Mortilage
as they ~clme dw, and .haII.ltictly ~OIm ali ", Gta"lo.~' obliglljlonw undor Ihi" Mortgag"'.
POSSeSSION AND MAINTENANCE OF THE PROPERTY. Granlor agrees Ihat Granlor's possession and use 01 the Properly snaIl be governed by lhe
lo.owing proviSions:
PosseNlon and Use. Until In default, Granto( may remain In possession and control 01 and operata and managa Ihe Property and collecllhe
Rents from lhe Property. -1 r. t'~"l 0.,,,
Duty to Maintain. Granlor shaU malnlain Ihe Property in lenal'ltable cOndilion and promptly perform all repa~ql~tlt~~~id w~~ance
necessary 10 preserve lis value.
HazardQus Sub.l....ces. The lerms "hazardoliS wasle'- "tlazardous substance'- "disposal,- wrelease,- and 'hrealaned release," lIS used In this
Mortgage. shaD have the same meanings as setlorth In lhe Comprehensive Environmental Raspanse, Compensation, and liability Acl 01 1980, as
amended, 42 U.5.C. SacIIon 9601, el 1Seq. rceRCLAj. Ihe Superfund Amendments and Raeulhotlzallon Act 01 1966, Pub. L No. 99-499
rSARA"I.lhe HazardouS Materials Transportation ACI, 49 U.S.C. Section 1801, el seq., the Resource Cons8l'Vlltlon and Recovery Act, 42 V.S,C.
Section 6901, "t seq.. or ot,. applicable stata or FadS{al laws, rules, or regulations adopted pursuant 10 any of lhe loregoing. The leans
-ha18rdous wll5te" and "hazardous subslance" shan also Include, wllhout amlla~on, petroleum and petroleum by-products 0( any fracllon lhereof
and asbeslos. GrantOf rffPresents and warranls to ~ender lhal: (a) During Ihe period 01 Grantor's ownership of lhe Property, thera has been no
use, generaUon. lTWlufacture, slorage, lr'ealment, disposal, release or lhreetened release 01 any hazardOUS wasle 0( substance by any person on,
under, about or from Ihe Properly: (bl Granlor has no knowledge 01, or reason 10 betlew ttlalthere has bHn, excepl as previously disclosed 10
and acknowledQ&d by UindM In wrlllng, <I) any use, generaUon, manulac:lure, slorage, treatment. dISposal, rel8ase, or lhrEl8lene~ release 01 a{r1
hazardous was\(ll or substance on, under. about 0( from t/'le Property by any prior owners or occup.nls 01 the Property or III) any actual tII'
l./'Itealened UllQallon or claims of any kind by any person relaling 10 such mailers; and (cl Excepl as previously disclosed to and ecknowledged by
lender In wrtUng, (II nellher Grantor nOf any tenant, contractor, agenl or other .ulhoflzed user or me PrOperty shaN .use, generale, r:nanulac\tlre.
store, Iteat, disp4S8 of, or release any haza(doliS waste or substance on, under, aboul or from the ProPefty end (II) any such actiVity shall be
conducted In compliance with aM applicable federal, stale, and local laws, regulallons and ordlnar\Ce$, including wllhout Ilmltallon !hose laws,
E.XII.IBIl "e
0S-17-1999
LOin No
MORTGAGE
(Conttnued)
PallO 1
l'fQulallons, and ordit\lne&S described .bow. Grantor aL1lh0riz8s Lender and Its .genls 10 enter upon the Propell'ty 10 make SlJCh inspections and
lesls, al Grantor's upensa, as Lender may deem appropriate 10 determine compliance of Ihe Property with lhis section ollhe Mortgage. MY
Inspections or tests mad. by L.endW sl'lil. ~ lor lender's plXpOSM only and shall not be construed 10 create any rnponsibiNty OIlIabj~1y on Ihf
part 0.' Lender 10 Grantor or 10 any olher person. The representations and warranties contained herein ar. based on Grantor's due diligetlce in
Investigating the Property fot hazardous wast. and hazardous subslances. Grantor hereby (a) rel8llses and waIveS any lulur. clail'l'l$ against
Llilndef lor indemnity or conltibuUon In the .....nl Grantor becomes IlI.bla fof cleanup or olhe!' costs unoer any soch laws, and (b) aQf88$ 10
Jnd~mnlfy and ~d harmless Laneiii' agaInsl any and all CIalms, losws, llI.blNtits, damages, penaJlias, .nd expanses which Lel'lder may dlrec:lIy or
IndirecUy SlJslain or suffer resulting from . breach of IhI$ section 01 lhe Mor1gage or as . COnMqUllnce 01 any 1JS8, generation, manufactura,
storag.. dlSpoyl, raIeaw or Ihreatened r..sa of a hazardous waste or substal"lC8 on Iha prope.1lts. The provisions of Ihis seclion oIlhe
Mortgage, Including lhe obligallon 10 Indemnify, shan SllMva Ihe payment of the IndeOtedness and lhe sallsfaction and recon",yance of lhe lien 01
Ihls M(J{\Oage and Shall nol be alteeled by Lender'S acqulslllon 01 any Inlereslln lhe Prop8l1y, whether by foreclosure or olflerwise.
Nulaance, Wasle. Granlor shall no! cause, cOOducl or pe(mll .ny nuisance nor commit, permit, or SlJller eny stripping of or waste on or 10 I".
Property 01' any portion oIlhe Property. Will'lOuI Hmillog lhe generalily of lhe foregolng, Granlor will not remove, or grant 10 any other party the
right to remove, any limber, mlnfl(a1s (including 011 and gas), soil, gravel or rock products w1lhOullhe prior written consenl of Lender.
Removal o,lmpro.,.m.nt.. Granlor $hall not demolish or remove any Improvements Itom the Real Prop.rty wilhoulthe prior written consenl of
Lender. As a condition 10 lhe removal 01 any Improvements, Lander may require Granlor 10 make arrangements satisfaclory to Lender to replace
such Improvements WIth Improvements of all8a$tequal value.
Lender', Righi to Enler. Lender and its agenls and representatives may entar upon Ihe Real Property al all reasonable times to attend 10
Lendar's Interesls and 10 Inspect lhe Property tor purposes of Grantor's compltance with lhelerms and conditions 01 this Mortgage.
Compliance wllh Governmenlal Requiremenls. Grantor shall promplly comply with all laws, ordinances, and regLllatlons, now or her8atlaf in
effecl, 01 an governmental authorilies applicable 10 the use or occupancy 01 Ihe Property, IncllJl;ling wllhoul Hmilallon, the Americans Wilh
Disabilities ACt. Grantor tnly conl.,t in good faith any such raw, ordlr'l8.nce, Of regulation and withhold compliance during .tny proceeding.
Including epproprlale appeals, $0 long as Granlor has notified Lender In writing prlOf 10 doing so and so long U, In Lender's sole opinion.
Lender's; InWesls In lhe PropI!ll1y are nol Jeopardized. Lender may require Grantor 10 pOil adequale S8Curity or a surety bond, reasonably
satlslactory 10 Lender, 10 protecl Lender's InlefaSl.
Duty to Protect. Grantor agrees neither to abandon nOf'reave unattended the Property. Grantor shall do ell olher ects, in addition 10 Ihose acls
set forth above In this section. which from lI1e charactar and use ot Ihe Property are r88sonably necess,ary to prolect and preserve the Property.
oue ON SALE _ CONSENT BY LENDER. Lender may. al ils option, declare Immediately due and payable aU sums secured by lhis Mortgage upon Ih&
sate or lransler, without the Letlder's priOl' wrillen consenl, of all, or any pari Of the Real Property, or eny Interest In the Real Property. A "sale 01'
lransf&(' means trle conveyance of Real Property or any right, lille or Inlerest Iherein; whether legal, beneficial or equllable; whether' voluntary or
involuntsryj whether by outright sale, deed, 111$laHmenl sal~ conltacl, lend conltact, contract for deed, leasehold Inleresl wllh e term grealer than three
(3) years, IM$&-Option contract, 0( by sale, assignment, or transfer of any benellclallnterest In or 10 any land trust holding lille to lhe Real Property, or
by any other melhod of conveyance of Aeal Properly InterltSl. If any Grantor Is a corporallon, partnership or Hmited liability company, transfer also
InclOdes any cl'lange In ownership 01 monll thart iwenty-flve parcenl (25'110) ollhe voting slOCk, partnership Interesls or limited llabtllty company Interests,
as the case may be, of GranlOl". However, this oplion shaU not be exercised by L.ender il such exercise is prohibited by federal law or by Pennsylvania
~w.
TAXES AND LIENS. The loIlowlng provisions relaling to-the laxes and liens on Ihe PropertY are a part 01 this Mortgage.
Paymenl. Grantor shaH pay when due (and In all event!> prior 10 delinquency) ad laXes, payron laxas. special taxes, assessments, water Charges
and sewer wrvice charges levktd against or on eccounl of lhe Property, and shan pay when due all claIms lor work done on or tor serviCes
rendered or malerial furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal 101M interest of
Lender under this Mortgage, excepl for the lien of taxes and assessmenls not du., and except as olherWlse provided in the loIlowing paragraph.
Right To Cortteat. G...ntor may withhold paymenl of any tax, assessmenl, or claim In connecUon with a good lallh dispute over the obugalion 10
pay, $0 long as Lender's Interest In the Property is nol jeopardl.ted. If a Den arises or Is llIed as a rnull 01 nonpaymenl, Granlor shall wilh;n filleen
(15) days atler the lien arises or, if a lien Is filed, within fifteen (15) days attar Granlor has nolice ollhe filing, secure the discharge of the lien, or if
requu'-d by Lender, depOllt with Lender caSh 01' a sulflc:lent corporale surety bond or other security salisfaclory 10 Lender In an amount sufllcient
10 discharge lhe IltIn piUS any coslS and attorneys: l88S or othet charges thai could accrua as a result 01 a foreclosure or sale under the lien. In
any contest, Grantor" shall defend Itsell and Lender and shall satisfy any adverse Judgment before enlorcement ageintlthe Properly. Grantor sNII
nama Lender as an additional obtlgee under any surely bond furnished In thli contesl procl9illdlngs.
Evidence or Payment. GrantOl" shall upon demand lurnlsh to Lttndet satisfactory evfder'1C8 01 payment of Ihe taxes or assessments and stlall
authorize the appropriate govarnlTlllnlaJ official to deUver to Lender al any time a written statement 01 the laxes and essessments against the
Property.
Nollce 01 Conalrucllon. Granlor shall notify Lande( alleast fifteen (15) days before any wOI"k Is commenced, any services are lunliShed, or any
materials are supplied to lhe Property. if any mechanic's den, materialmen's lien, or other lien could be: asserted on account ollhe worX, servic>>s,
or materials. Granlor wW upon request 01 Lender furnish to Lender advance assurances satl:slactory to Lender that Grantor can and will pay the
cost of such Improvement,.
PROPERTY DAMAGE INSURANCE. The following provisions relaUng to Insuring Ihe Properly are a part of this Mortgage.
Maintenance or In....r.nce. Granlor shaH procure and mainlaln poliCIeS of lire insurance wilh slandard exlended coverage endorsements on a
replacement basis fO( the tud InsL/l'lble value covering an Improvernenl$ on lhe Real Property In an amoonl sufflcienlto avoid applicallon of any
colnslJl"ance clause, and with a slandilrd mortgagee clause In favor of L.ender. Grantor shall also procute and malntaln comprehen$llf8 general
IlabUily Insurance In such coverage amounts as Lender may request with under beiflg named as addillonal Insureds In such liability insurance
poIlcJes. Additionally, Grantor st\all maintain such other Insural"lC8, Including but nollimiled 10 hazard, business Interruption and bOiler insurance
liS Lender may require. Policies shaM be wrilten by such InSl,l(l.nca companies and In such form as may be reasonatlly acceptable to Lender.
Grantor shall OeIilf8r to Lenoor certificates of covera"" lrom each insurer contelnlng a stipulation thai coverage will nol be car'lCelled 01" diminished
without a minimum ollen (10) days' prior written notice to Lender and not conlalnlng any disclaimar of the Insur""s liabltlly for feULlre 10 give such
notlc&. Each Insurance policy also shall include an endorsement providing Ihat coverage In favor of Lender will nol be Impaired in any way by any
eel, omission or delault of Granlor or any other person. Should the Real Properly at any time become located In an area deSlgneled by the
Director of the Federal Emergency Managemenl Agency as a special flood hazard atea, Granlor agrees 10 oblain and maintain Fe(1eral Flood
Insurance lor the lull unpaid principal balance ollhe loan, up 10 the maximum policy limits sel under Ihe Nalional Flood Insurance Program, or as
olt\el'Wise reqllired by Lender, and to maintain such insurance for I~ term 01 the loan.
Appllcallon 01 ProceedS. Granlor shaa promptly nollfy Lender 01 any loss 0( damage to the Property. lender may make proof 01 lOss If Granlor
lalls 10 do so within fifteen (15) days of tha casually. Whelher or not Lender's secOrlly Is impaired, Lander may. at iI$ e1ecllon, epply Ihe proceads
10 lhe reduction ollhe Indebtedness, payment of any lien afleeUng the Properly, or the resloralion and repair 01 the Pr,oparty. If Lender elects 10
apply In. pr~ 10 r..lora~Ol'I and fep,ail. G,.l1lor .hd rep.1I' rK '.pl.,.cll me clImaged or destroye<l Improvements In II manner sallsfactory to
Lander. Lender shall. upon satisfactory prOOf of such expenditure, pay 01" reimburse G'anlor from Ihe prOCllleds lor the reasonable cost 01 repair
or rastorallon if GranlOl' Is nol in derault under this Mortgage. Any proceeds whlch have not been disbursed wiltdn HIO deys after tI1ell' receipt and
which Lender has not commilled 10 the repair or restoration of Ihe Property shall be used first 10 pay any amounl owing to Lendet undor IhiS
Mortgage, Ihen 10 pey accrued interesl, and the ramainder, II any, shaU be applied to Ihe principal balance ollhe tndebtedness. "lander holdS
any proceeds alter paymenlln lull of lhelndebtedness, such proceeds shall be pala 10 Grantor.
UneXpired Insurance 1.1 Sale. Any unexpired Insurance shaU Inure to Ihe benefit cl, and pass to, the purchaser 01 the Property covered by lhis
Mortgage at any Iruslee's sale Q( other" sale held under the provisions ofll1ls Mortgage, or at any loreclosure sale of such Property.
Grantor's Report 011 Insurance. Upon reqoest 01 Lender, hoW.....r nol more than once a year, Grantor shan lurnish 10 Lender' a report on each
exislinQ policy 01 Insurance showing: (al the name of the Insur8(; (b) lhe risks insured: (c) the amount 01 the policy; (d) the properly Insured, ttl(l
than cLNTenl replacement ....rue 01 such properly, and the menJ18l' 01 delermlnlng lhat value; and (e) the expiration dale of the policy. Grantor
shall, upon request 01 Lender, I'Iave an Independent appraiser satlsfaclory 10 Lender determine the cash ....,ue replacement cost Of the Properly.
EXPENDITURES BY LENDER. if Granlor lails to comply wjlh any proYlsion ollhls Mortgage, or if any action or proceeding is commenced that would
malerlally aflact Lender's InlerGSts In the ProPerty, Lender on Granlor's behalf may, bul shall not be required 10, lake any acllon lhat lender deems
approprlale. Any amounf that Lender expends In so doing wiD bear interest allhe rate provided fer In Ihe Note from the etate Incurred or paid by
Lender 10 the dale of repayment by Grantor. All such expenses, at Lender's opUon, wiN (al b. payable on, dilmand. (b) be added to the balance ollhe
N(lte and be apporlioned among and be payable with any Inslallmenl payments to become due during ellher (I) the lerm 01 any applicable Insu,ance
policy or (iI) the remalnlng term 01 Ihe Nole, or (c) be treated as a balloon payment whICh WIN be due and payable at the Note.s maturity. lhis
Mortgage alSO wiN secure paymenl ollheSe amounls. The rights provided for in thb peragraph shall be in addillOn 10 any other nghls 01" any remedl8S
10 which Lender may be entilled on account of lhit defaulL Any such acllon by Lender shan not be construed as curing lhe delautl $0 as \0 bar lltflO8r
from any remedy lhat It olherWlse would have had. Granlor's Obligation 10 Lender 101' aU such expensll5 shall survive lhe entry 01 any mortgege
loreclosureJudgment.
~^.
06-'17-1999
Loan No
MORTGAGE
(Continued)
Page 3
WARRANTY; DEFENSE OF Tine. The following provisiOIl$ relating to ownership of the Property are 8 part of this Mortgage.
Title. Grantor warrants Ulal: (a) Grantor holds good and matkelable 1111I 01 rlCord 10 the Property In lee Simple. tree and cleat of all liens and
encumbrances olhet than those sellorth In the ANI Property desa'\pllotl or In any title insurance policy, IiUe report, 01 finallille opinion issued In
laVQf 01. and accepted by, Lender In connectIon with IhlS Mortgage, and (b) Granlor N.S In. full right. power, and 8utl1ority 10 execute and deliver
IhisMortQ&g.IoL.~.
Cetente 01 Till.. Subjecllo the exception In the paragraph above, Granlor warrenl$ and wHI fOffWel' dfrend the tille 10 the Property against the
lawful cl8lms of all parsons. In the event any .ction or proceeding Is commenced thai questions Granlor's title or the interest 01 Lender under thiS
MOI1gage, Grantor shall defend the action a' Grantor's expense. Grantor may be the nominal party 11'1 such proceeding, but Lender shaU be
entitled 10 partlclp.lilJ In Ihlt proceeding and to be rtIprese"led In the proceeding by counsel of Lender's own choice, and Grantor wiU deliver, or
calJ$8 10 be deliventd, to Lender such Instruments as Lender may request from Ume 10 lime 10 permit such partictpation,
Compt~. Wtth LIW., Granlor wllITants that ttle Property and Grantor's use of the Property compiles with all existing applicable laws,
ordinances, and regulaUons of governmenlaJ authortlles,
CONDEMNATION, The following prO'Jlslons relating to condemnation of the Property are a part of thls Mortgage,
Appllcllllton 0' Nel Proceed.. II an or My part of the Property Is condemned bY emil'\Elnt domain proceedings or by any proceeding or purchase
in lieu of condemnallon, Lender may at its election require lhat all or any portiorl ot the net proceeds of the award be applied to the Indebtedness
or the repair or reslorallorl of the Property, The rwlt proceeds 01 the award shalt mearl the award after payment of alt actual costs, expenses, end
attorneys' fees Incurred by Lender in connecUon with the col1demnation,
Proceedtng.. If any proc:eeding In cOrldemnalion Is filed, Grantor shall promptly notlly Lerlder In wrillng, and Grantor shall promptly take such
sleps as may be necessary to defend the action and oblain lhe award, Grantor may be the nominal party In such proceeding, bul Lender sha~ bEl
entitled to participate In the proceedlng and to be represantad In ll1e proceeding by counsel of Its own chOICe, and Grantor will deliver or cause to
be deliv8l'ed to Lender such Instruments as may be requested by It from lime 10 lime 10 permit such participation.
IMPOSITIOH OF TAXES, FEES AND CHARGES BY GOVERNMENTAL. AUTHORITIES, The following provisions relallng to governmenlatIaxes,leas
and cnarges are a part of In Is Mortgage:
Currenl Taxes, Fe.. ....d Charges. Upon requesl by Lender, Granlor sha" execute such documents In addillon 10 Ihls Mortgage and lake
whalevttr other action Is requested by Lender to perlect and continue Lender's lien on the Real Properly. Grantor shall reimburse Lender for aM
laxes, as described balow, togell'\ef with all expanses Incurrad In recordlrtg, partactlng or conllnulng Ihls Mortgage, Including without fimitallon all
taxIS, ltlas, documentary stamps, and other charges for recording or regislel'lng this Mortgage.
Taxes. The following shad conslltule taxes 10 which IhIs secuon applies: (a) a Specific tax upon Ihis type 01 Mortgage or upon all or any part 01
tl'le Indebledness secured by IhIs Mortgage; (b) a sp6Ci1ic tax on Grenlor which Grantor Is authorized or required to deduct from paymenls on the
Indebtedness secured by thls type of Mort;age; (C). lax on Ihls type of Mortgage chargeable against the Lendar or lno holder oflhe Note; and
(d) a specific laX on all 0( any portion 01 the Indebtedness or on payments of prlnclpat and lnteresl made by Granlor.
SUNequent Taxes. If any tax 10 which this sacllon appUes Is enacled subsequent to lhe data ollhls Mortgage, Ihis event shall have lhe same
etfact as an event of Defaull (as defined below), and Lender' may exercise any 01' all of ils available remedies for an Event of Defaulf as provided
below unJass Grantor ailher' (a) pays It!e lax before it becomes d81lnqL.Mtnt, or (b) conlests the lax as provided above In tns Taxes and Liens
socllon and deposits with Lenclet cash 0(. sufflclant corporate surety bond or other security satisfactory to Lander.
SECUFlITY AGREEMENT; FINANCtNG STATEMENTS. The follOwing prOVisIons relating to Ihis Morlgage as a securlly agreemenl are a part of this
Morlgage.
Security Agreemenl. ThIs Inslrument shaN constitute a security agreemerllto the extenl any oflhe Property constitules Ibdures or olher personal
propar1y, and Under shall have all of Ihe rights of a secured party under the Uniform Commercial Code as amended from lime 10 time.
Security Interesl. Upon requesl by Lender, Granlor shall execute financing stalements and take wnatever other aclion Is requested by Lender to
pew1ecl and continua Lender's security intareslln the Rents and Personal Propsrty, In addition to recording this Mortgage In the real prQp81ty
records, L8tlder may, at any Ume and without furlh<< aulhorlzatlon trom Grll.nlor, file execuled counterparts, copies or reproductions ot this
MortgaQe as . nnancing statement. Grantor shall reimburse Lender for all expanses Incurl'fld In perfecting or contlnulng this security Inlerest.
Upon default, Grantor shall ,ssemble the PerSOflal Property irla manner al1d al a place reaso/l8bly converllentto Grantor and L.ender and make it
available to Lender within Ihree (3) days after receipt ot wriUan damand from LendIK.
Addresse., The mamng addresses 01 Grantor (debtor) and Lender (securacl party), from which Inlormation concerning ItIe security l"t8l'est
granted by lhis Mortgage may be obtained (each as required by Ihe Uniform Commerciat Code), are as stated on Ihe firsl page of this Mortgage.
FURTHER ASSURANCES; AnORNEY-IN-FACT. The following provisions relallng to furlher assurances and aUorney-in-fact ere a pari of this
Mortgage.
Further Assurance,. Al any lime, and from lime to lime, upon requesl of Lender, Granlor will make, execute and deliver, or wilt causa 10 be
made, elCeculad Of clailvered, 10 Lande( or 10 Land$r's deSignee, and when requested by Lender, causa 10 be flied, recorded, rahled, or
rerecorded, as the case may be, al such times and in such oltlces and places .s Lender may deem appropriate, any and all such mortgages,
deads oflrlJ5t, security deeds, secUrity agreements, financing statemenls, continuation statements, Instruments of further assurance, cerlilic:8les,
and 01hEN' documents as may, In the sole opinion of Lender', be necessary or desirable In order to etlectuate, complete, perfect, continue, or
preserve (a) the obligaUons 01 Granlor under lhe Note, thIS MortgaQa, and the Relaled Documents, and (b) the liens and security Inlerests
created by this Mortgage as I\rsI and prior Ilans on the Property, whether now owned 0( herealler ecqulred by Granlor, Unless prohibited by law
or agreed 10 Ihe contrary by Lender In writing, Granlor shan reimburse Lender fO( aU cosls and expenses Incurred In connection with Ihe matters
ref.rred to in thill paragraph,
AtlOlney-tn-Facl. If Grantor falls to do any of the things referred 10 In Ihe preceding paragreph, Lender may do so for and in Itla nan'lll of
Granlor and al GranlOl"s expense. For such purposes, Granlor hereby Irrevocably appolnls Lender as Grantor's allorney-ln-fa.ctlor the purpose
01 making, axecullng, deliverIng, flllng, r9Cordlng, and doing all other Ihlngs as may be necessary or desirable, In Lender's sole opinion, to
accomplish the mailers referracl to In the preceding paragraph.
FLLL PERFORMANCE. If Grantor pays all the Indebledness when due, and otherwise perfOfms all the obligaUons Imposed upon Granlor undS( this
Mortgage, lender shaU execute and deliver 10 Grantor a sullable satislaclion of Ihls Mortgage and suitable slalemenls 01 !ermination of any financing
stalemanl on file evidencing Lender's security Intereslln the Rents and the Parsonal Proparly. Granlor will pay, If permitled by applicable law, any
reasonable termination fea as determined by Lender from Ume 10 Ume.
DEFAUlT. Each of the following, at Ihe option of Lender, shAll constitute an eveI'll of defaull ("Event of Defeull") under this Mortgage:
Defeun on Indebtedness, Failure of Granlor to make any payment when due on Ihe Indebtedr1ess.
Default 0r1 Other PoIII)'menta, Failure 01 GrantOl' withln the Urns required by this Morl(>lI.ge to make Elny plIymenf for falleS or Insurance, or any
oll'lM paymenf necessary to pravent tiling of or 10 effect discharge 01 any Uen,
Compliance Daftwll. Fadure of Grantor 10 comply with any oIher term, obtigallon, covenant Of condition contained in this Morlgage, Ihe Nole or in
any oflhe Related Documents.
False Stalements. Any warr.nty, r"PresentaUon or slalement made or furnished to Lender by or on behalf 01 Grantor under tnls Mortgage, the
Note Of lhe Relalad Documents is falSe or misleadIng in any materlat /'fISpect, either now or at thetlrne made or furniShed.
DefectiVe Cotlalerallzatlon. This Mortgage or any of the Related Documents ceases to be In full force and effect (including failure of any collateral
documents 10 create a ."alid ar1d perfected security Inleresl or lien) at any time end for any reason,
Oeath or Insolvency. The death of Grantor or the dlssolullon or termlnallon of Granlor's existence.s a going business, the Insolvency 01 Grantor,
the Ilppolnlment of a receiver for any part 0' Grantor's property, any assignment for lhe benalil of credilors, any type 01 creditor workoul, or the
commencement 01 any proceeding under any bankruptc)' or insolvency laws by or against Granlor.
Forectoaure, Fortetlure. elc. Commencement ofloreclosure or forfellure proceedings, whether by JUdicial proceeding, self-h&Jp, repossessiotl 01'
any Of her melhod, by any credllor of Grantor or by any governmental agency agall\$t any Of Ihe Properly, However, thlS subsechon shall not apply
in the evenl of a good faith dIsPute by GrantOf as to the validity or reasonableness of the claim which Is the basis of Ihe foreclosure or lorefeilure
proceeding, provided lhat Grantor gives Lender wrlllen notice of such claim and furnisheS reserves or a surety bond lor the claim sallsfactory 10
Le,""_ 1"';3' G .832
Breach of Olher Agreemen!. Any breach by Grantor under thf terms of any other agreement between BAAl WltftelJi-Ghat.s nol remedied
wilhln any grace period provldttd therein, Including without ~rnilallon any agreement concerning any indebledness or other obligation 01 Grantor 10
Lender, whether existing now or later,
Events Aflecltng GUManlor. Any oIlha preceding evenls occurs wllh respec:lfo any Guaranlor of any of the IndebtBdness or an)' Guarantor dies
01 beComes incompelenl, or rBvokes or disputes ItIe validily 01, or liabiJily under, eny Guaranty of the Indebtedness. L.ender, at its option, may, buf
06-17-1999
Loan No
MORTGAGE
(Continued)
Page 4
shan nat be required la, permlllhe Guarantor's _tala 10 assume ul1CondlllonaHy t/'I8 obrlgaUo(l$ arising under the guaranty In . lNlnn8l' sa~slactOf'(
to lander, and, In doing so, cure the Event of Default.
AdverN Change. A maltrlal advtIH Change occurs In Grantots financ!al condtlion, or Lender ~11eV8$ the prospect 01 paYll'IEInl or pertoi'lnanca
of lhe Indebtedness Is Impaired.
Right 10 CUte. If such a fallurels curable and If Grantor has not been given a notice of. breach of the same provision ollhls Mortgage within lhe
preceding twelve (12) months, It may be cured (and no Evenl of Default will have occurred) II GraniC!(, after lander sencls written notiCe
demandlng cure of such Idura: (a> cures lhe lailunl within fi1l880 (15) days; Of (b) lithe cure requires rnOfelhan lifteen (15) days, Immediately
Inill8ht$ steps sufticlenl 10 CLll'8 the failure and therealler continues and comptele$ ttll reasonable and necessary steps sutlicienl 10 produce
compliance ll.s soon as f8aS0(I8bly practiCal.
RIGHTS AND REMEDIES ON DEfAll..T. Upon 1M occurrence 01 any Evei'll of Defautl and at any lime thereafter, lender, al its oplion, may ElJl:ereise
any 0116 or more of the following rlghts and remedle$, In addi~on 10 eny otller rights or remedies provided by law:
Accelerate Indebledne". SubjeCt 10 appUc,ble law, 18nder shall have the right alils option wilhoul nolice to Grantor 10 declare the enlire
Indeblednes$ Imm&dialely due and payable.
uee Remedies. With respecllo all or any part of the Personsl Property, lender shaD have a~ the rlght$ and remedies 01 a secured party under
the Uniform Commercial Code.
Collecl Renls. lender Shall nave the righi, wlthoul nolice to Grantor,lO lake possession of 1I1e Property and cOllectlhe Rents, IncludIng emounts
pasl due and unpaid, and apply lhe: net proceeds, over and above lender's costs, against lhe Indebledness. In lur1herance 01 this right, lender
may require any tanant or olhel' user oIlhe Properly to make payments of rent or use fees direClly to lender. If the Rents are colleCled by lender,
Ihen Grantor irrevocably designates lenQa( as Grantor's allorney-/n-Iaclto endorse Instruments recelved In paymenl thereof In the name of
Grantor and to negollata the same and colleclthe proceeds. Payrnenl$ by lenants or other U$8t'S 10 lender In resportSe 10 lender's demand shall
satlsly the obligallQns for whlc:h the paymenl$ are made, whelher or not any proper grounds lor the demand exlsled. Lendet may exercise ils
rights under this subparagraph either In Pfl'Son, by agent, or Ihrough a receiver.
Appolnl Receiver. lencler shall have the right to have a receiver appointed 10 lake possession of all or any part of the Property, with the power to
prolect and preserve the Property, 10 operal8 the Property preceding fOl'ecJO$ure or sale, and 10 collect the Renls from Ihe Property and ap"ly lhe
proceeds, over and above lhf cosl of the receivership, against the Indebtedness. Tne receiver may serve without bond If permitted by law.
lender', righl 10 the appolntmenl of a receiver shaU axl$t whelher or noltl18 apparel'll vall,l8 of the Property exceeds the Indebtedness by a
subslanllal a01ounl. EmploymElnt by lendar shall 1'101 dlsquallly a person Irom serving as a receiver.
Judicial Forecloaure. Lender may obtaIn a Judicial decree forecloslng Grlnlor's lntarest In all or any part of the Properly.
NonjudICial Sele. II permilled by applicable law, lender may foreclose Grantor's Inlerest in ad or In any part of Ihe PeBonal Property or lhf Real
Property by nonJudiclal sale.
Deftclency Judgment. lender may obtain e JudgmenllOf' any deltc:lancy remaining In the Indebtedness due 10 19nder aller application of all
amounts received from the exerelsa Of the rights provi~ In thls section.
Tenancy al Sufferance, If Granlal'" remains In possession 011/18 Property aller the Property Is sold as provlded above or Lender olherWise
becomes en~tled to possession of the Property upon dalault of Granlor, Grantor shall become a tananl al sufferance 01 lender or the purchaser 01
the Property and shaD, at lender's option, either (a) pay a r&esonable renlal for the use of lhe Property, or (b) vacate the Property Immediately
upon lhe demand 01 lender.
Otner Ramedles, lendet shan have all other rlghls and ramedies provid&Cl In this Mortgage or the Nola or available at law or in equity.
Sale or Ihe Properly. To the exlenl permitted by applicable law, Grantor hereby waives any and all rlghlto nave the property marshalled. In
exercising its rights and remedies, Lender shall be free to sen all or any pari 01 the Properly logetl'ler or separately, In one sale or by separate
sales. lender shan be enUtled to bid at any publIC sale on all Cl( any portion of the Property.
Nollce of Sale, lender shall give Grantor reasonable notice of the Ume and place of any publie sal6 of the Personal Properly or of the lime after
which any private sale or olher intended disposition ot the Personal Property Is to be made. Unless otherwise required by applicable law,
reasonable nollee shall mtJ8n notice given at leaslIen (10) days belore Ihe limit of lh8 sale or dlsposllion.
Watver; EJecllon 01 Remedle.. A waiver by any party of a breach ot a provision of Ihis Mortgage shan not constitute a waiver 01 or prejudice the
party's righls otherwise 10 demand strict compliance with thai provision or any other provision. Election by lend8t 10 pursue any remedy shall 1'101
exclude pursuit of any other remedy, and an eleclion to make axpendillJl'es or lake acUon 10 perform an obligation 01 Grantor under this Mortgage
after failure of Grantor to parlOl"M shaM not affect Lender's right to declare a delaUlI and exercise its remedies; undtlf this Mortgage.
Allomey.' Fees; Expen.... Jf lenderlnstilu!es any suit or action to enlorce any of the lerms of Ihis Mortgage, lender shall be entilled 10 recover
such sum as Ihe court may adjudge reasonable as allomeys' fees at trial end on any appeal, Whether or nol any courl action is Involved, all
reasonable expenses incurred by lenclat thai In lender's opInion are I'lllCeSsatY al any time lor the protaelion of lis intares' or lhe enlorcement 01
its rights shall become a pari of Ihe Indebtedness payable on demand and shall basr Intarestfrom the elate of 8):penditure unlll repaid at the rale
provided for In the Nole. Expenses covered by Ihis paragraph Indude, wllhoullimllation, however subject to any limits under applicable Jaw,
lender's .1t00n8ys' lees .nd lender's Ie;al expenses whelher or not there Is a Itwsuit, Including allO(neys' fees for bankruptcy proceedings
(including effortS to modify or vacate any eutomatic stay 0( Injunction), appealS and any anllclpaled posl-judgment collection serviCes, lIle coSI of
searching records, OOlalning Utle raporls (Including fO(idosure reports), surveyors' repor1s, and apptaisal lees, and lilte Insurance, 10 the exlenl
permitted by applicable Jaw. Granlor also will pay any courtcosls,ln addllton to all olher sums provlcl8d by law.
NOTICES TO GRANTOR AND OTHER PARTIES, Unless otherwise provided by applicable law, any nolice under Ihls Morlgage shall be in wriling,
may be senl by Ielefacsimile (unless otherwise required by law), and shaH be eHecllve when actually delivered, 0( when deposited with a nationalty
recognized overnighl courier, or, if mailed, shan be deemed effecllve when deposited In lhe United Slates mall ~rst class, certified or registered mail,
postage prepaid, directed to lhe addresses shown near Ihe beginning 01 Ihls Mortgage. Any party may change its address lor nolices under Ihls
Mortgage by giving lormal wrlllan nollce to the olher parlles, spec/lying thai the purpose of the noliCe Is to change the party's address. All copies ot
notiCes 01 toreclosure from lhe holder of any lien which has priority over this Mortgage shall be sent 10 lender's address, as shown near the beginning
ot lhls Mortgage. For notice purposes, Granlor agrees to keep lender informed at all limes of Granlor's current address.
MISCELlANEOUS PROVISIONS. The following mlseallaneous provisions are a pari of lhis Mortgage:
Amendmenl.. Tnis Morlgage, together with any Related Documenls, cotlslUu\$S lhe entire undMslandlng and agreement of the panies as to the
matters sat lort/1 In this Mortgag., No alleration Of or amendmenlto thli Mortgage sha~ be etfective unless givan In wriling and .signed by lhe
party or parties soughl to be charged Of bound by the alleration or amendment.
Annual Roport.. If tne Property Is used fO/' purposes other Ihan Grantor's residence, Gnlntor shaU furnish 10 L9llder, UPO(l requesr, a certifl8d
slatemen! of ~I opeI'allng Incolm' recefved lI'nm lhe Properly during Granlor's previous llseal year in such form and detail 8S lendSf shall require.
"Net operating Income- shall mean all cash receipts from the Properly less all cash expenditures made In connection with the operalion of lhe
Properly.
AppliCable Law. This Mortgage has been delivered 10 lender and accepled bY Lender In Ihe Commonwealth or Pennsylvania. Thl.
Mortgage ahal! be governed by and eonslrUed 111 accordance wl1l1lhe lawa or Ihe Commonwealln or Pennaylvanla.
Caption Heedlngs, Caplion headings in this MorIgage ate fO/' convenitlnce purp0$8S only and ate 1'101 to be l1S8d to interprel or deline lhe
provisions ollhis Mortgage.
Merger. There shaN be no margfN" of lhe Inlatest or estate created by thIS Mortgage wllh MY olher Interest or eslale In Ihe Property al any time
held by 0( fOl" II'Ie benerit of lender in any capacity, wilho(Jtlha wrillan consanl 01 lender.
Mulllple Parties. All obligations 01 Grantor under this Mortgage shalt be JoInl and several, and all reoferences 10 Granlor shalt mean each and
every Granlor. Trlls means thai each oIlhe ~ons signing below Is responsible for all Obligalions In this Mortgage,
SeverablUly. If a court ot competei'll Jurlsdlcllon finds any provision ollhls MOltgaga 10 be invalid or unenloreeaOle as 10 any person or
circumstance, such IIndlng shall not render thai provision Invalid or unanlO/'ceabla as 10 any other patSCIns or circumstanceS. Illeasible, any such
oltending provision shall be deelTlEld 10 be modilled to be within Ihe limits 01 entorceability or validity; however, II the ottendlng provision cannol De
sO modified, II shalt be slricklln and ali olher provisions ot this Mortgage In eU 01htN" respecls shell remain valtd and enlOrcHble.
Successors and Aaslgn., $ubjaclto the Ilmllallons slal(Kl In IhIs Mortgage on IranslSl' 01 Granlor's Inleresl, Ihls Mortgage sha~ be binding upon
IInd Inure 10 lhe benefit of the partin, tMr heirs, personal repreMnlatlves, successors and assigns, If ownership 01 the Properly becomes vesled
In a person other then Granlor. lender, wllhout nob to Grantor, May deal wlth GranlO('s succassors wilh ~e'llrence to Ihls ~ortgag& IInd ItIe
Indebledness by way 01 forbearance or exlenslon wllhoul releasing Grantor from the obligations 01 IhtS Mortgage or Ilabdlty under lhe
Indebledness.
",I ~<;:1..r.r B33
06-17-1999
Loan No
-
MORTGAGE
(ConUnUod)
Pogo
time I, or the ElMnce. lime Is oIlhll ess&tlC8 In lhe performaoce 01 this Mortgage.
Waivers and CQnMIIIa. lender shaa nol b. deemed 10 have waMKl any nghts under this MOl1gage (or undef !he Related Oocuments) unle
such waiver Is In wrttil'lQ and $lg;ned by lends(. No dtlay or omission on thf, part 01 Lender in exerclsing any righl shaM opera'e .s . waiver
such right 01 any olher righL A waiver by any party of II provision 01 thIS Mortgage snell nQI constitute. war..r of or pflljudic8 the partys rig
Olh8rwl$e 10 demand strlc:l compllancll wlU' thai provisIOn ot ~ 01,* provision. No prior waiver by LAnclw. nor any course 01 d8aIlng ~
lend<< and Gtanlor. shall cO(lstilLJ18 . waiVer of any of !.ender's r1gh!$ or any of Granlor"s obllgaUons as 10 any future lranstlctioM. Wt\fnev
consent by lender is r~u1red In this Mongage, Ihe granting Qf such consent by Lander In any Instal1CII shlIl not constilule continuing COn$8nl
subS8qvenl inslances where such consenlls requU'~.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GAANTOR AGREES TO IT
TERMS.
THIS MORTGAGE HAS BEEN SIGNED AND SEAlED BV THE UNDERSIGNED.
GRANTOR:
. .
. .
(X}Wi~~~t~.$^.m~lb'f$iJk1fJPiWd'~~*:1s.ili:i@W
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wli~:' . i
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c
CERTIFICATE OF RESIDENCE
I hereby certify, lhallhtl precise addtess ollh. mortgagee, ORRSTOWN BANK, herein is as follows: () J
..0. Box 250,n.... K'ng SI,"',Sh'...."'U'.,.' 17267 u....... .6 ~ 'JP
ff . "'a,", a'''O' 'aMa"....
INDtVIDUAL AeKNOWLEDGMENT
STATEOFanr1S y. {van,a.
COUNTY OF (lJIY>1 berla. ",1
,
)88
,
.0. "". !h. 11 day.' ,Ta n e. . ,,'!L, b.'... me PA 6z.;eii1 // .r20-etIJe / I ."
uno81Slgn.d Notary Put)\\C, pefSOI'I&lIy &P~ed OOUGLAS E. WISER and LINDA L. WISER, known 10 me (or Mtistactorily proven) to be the persc
whose names are $ubSCl'lblld 10 the within InslrUfh8nl, and acknowledged 1~llhey ~utedn sam. lor tlI8 purposes tj1n contaIned. . ..
In wllnll.. Whereof,l h'flltlnlo.t my hand and Offk:IM teal. 'f/a.iti.~ 0.. ~
Notary Public in and lor the Stale of P.4
t.ASER PI'lO, R.g. u.s. Pl.t:-, T.M. ou.. Vtf. 3.26c ~J 1888 CF! F'roStl'YJcU, Inc. AllrJgllI.'.....~.d.IPA.G03F3.2ID O1l231Cl.L.NI
\ No_Seal .""" 1
Patricia A. CorweI~ eaun
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Bood.553 PAC!; .834
Statt 01 Pennsvlvania } .' ,.;; .:.-....Jo..... ... .~.
CO!l;;.'1 of Cumberland a6 _., .... . .
:l.:.:or!i.;d in the office for the recording'of Oeeds
'xl. in l!.nil for Cumberland County. ~_
iMt\- BOfJk lillVol. ~ P.,qe UO
l,'JI:l\~;.-:; my hand an.tl !wtl of offlcP..f'- Co!,
t,)rli51{:. PA this..2.Q.... day of ~ 1 !LJ./
"
_.~t~4? /./ ';;L:,.d, .
lor. ~---
~-
ORRSTOWN
BANK
';1003 os-oo 0003 -'r~Y6 3<.
March 25, 2004
(C(Q)IPY
DOUGLAS E. WISER
LINDA L. WISER
1838 RITNER HIGHWAY
SHIPPENSBURG, PA. 17257
Via Certified Mail
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortqaqe on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your 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 Aqency.
The name, address and phone number of Consumer Credit Counseling Aqencies
servinq your County are listed at the end of this Notice. If you have any questions, yOU may
call the Pennsylvania Housinq Finance Aqency toll free at 1-800-342-2397. (Persons with
impaired hearinq 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.
EXIUBIl * D*
, .
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 CAS A DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
DOUGLAS E. WISER & LINDA L. WISER
PROPERTY ADDRESS: 1806 RITNER HIGHWAY
SHIPPENSBURG, PA. 17257
LOAN ACCT. NO.: 2312389002
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDERlSERVICERORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") , YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT /301
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT 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 desiQnated consumer credit counselinQ aQencies 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 (Brinq it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 1
IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE
PAYMENTS for the following months and the following amounts are now past due: JAN. 22ND__
$2,949.43, FEB. 22ND__$2,949.43 & MARCH 22ND__$2,949.43
Other charges (explain/itemize): LATE CHARGES--$636.21
TOTAL AMOUNT PAST DUE: $ 9,484.50
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $ 9,484.50.
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Pavments must be made either bv cash, cashier's check, certified check
or monev order made pavable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgaqe 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 mortgaqe property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be 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, vou still have the riaht
to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale. You mav
do so bv pavina the total amount then past due, plus anv late or other charaes then due, reasonable
attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the
Sheriff's Sale as specified in writina bv the lender and bv performina anv other reauirements under
the mortaaqe. 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:
Phone Number:
Fax Number:
Contact Person:
Orrstown Bank
P.O. Box 250,77 East KinQ Street
ShippensburQ, PA 17257
(717) 530-2661
(717)532-4099
Betsv J. Smith
Name of lender:
Address:
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and
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,
~9~
BETSY J. SMITH, COLLECTION DEPT.
. .
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3'd Street
Waynesboro, PA 17268
(717) 762-3285
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
_~_ 1003
ORRSTOWN
BANK
Os"cJO 0003
.:305
?Si?:;
March 25, 2004
CC~~lr
LINDA L. WISER
DOUGLAS E. WISER
13 N. WASHINGTON STREET
SHIPPENSBURG, PA. 17257
Via Certified Mail
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortaaqe 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 paqes.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAPI may
be able to help to save your home.
This Notice explains how the proaram works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counselinq Aaency.
The name, address and phone number of Consumer Credit Counselina Aaencies
servinq your County are listed at the end of this Notice. If yoU have any questions, you may
call the Pennsylvania Housina Finance Aaency toll free at 1-800-342-2397. (Persons with
impaired hearina can call (7171780-18691.
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.
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 NOTlFICACION 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):
DOUGLAS E. WISER & LINDA L. WISER
PROPERTY ADDRESS: 1806 RITNER HIGHWAY
SHIPPENSBURG, PA. 17257
LOAN ACCT. NO.: 2312389002
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDERISERVICER: 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 desiQnated consumer credit counselinQ aQencies 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 immediatelv 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 up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 1
IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE
PAYMENTS for the following months and the following amounts are now past due: JAN. 22ND__
$2,949.43, FEB. 22ND__$2,949.43 & MARCH 22ND__$2,949.43
Other charges (explainlitemize): LATE CHARGES--$636.21
TOTAL AMOUNT PAST DUE: $ 9,484.50
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $ 9,484.50.
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 mortqaqe 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 mort~aqe property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If YOU cure the default within
the THIRTY (30) DAY period, YOU will not be 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 riqht
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 payinq the total amount then past due, plus any late or other charqes 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 writinq by the lender and by performinq any other requirements under
the mortqaqe. 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:
Phone Number:
Fax Number:
Contact Person:
Orrstown Bank
P.O. Box 250.77 East KinQ Street
ShippensburQ, PA 17257
(717) 530-2661
(717) 532-4099
Betsv J. Smith
Name of Lender:
Address:
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
Sheriff's 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,
~~~~
BETSY J. SMITH, COLLECTION DEPT.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
o
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02368 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
WISER, DOUGLAS E ET AL
RONALD KERR
, Sheriff or Deputy Sheriff of
Cumberland County,. pennsyl vania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT - MORT FORE
WISER DOUGLAS E
the
at 1412:00 HOURS, on the 3rd day of June
, 2004
DEFENDANT
at 1838 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
DOUGLAS E WISER
by handing to
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
Service
Affidavit
Surcharge
18.00
13.11
.00
10.00
.00
41.11
Sworn and Subscribed to before
rc.-
me this I~ - day of
~.,,)Jw'f A.D.
~) .~ (2 ~;,J~:C
hZthonotary . /-,
So Answers:
.~%;)$"A'<'?,/~
R. Thomas Kline
06/04/2004
OBRIEN BARIC SCHERER
By:
~/C,
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02368 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
WISER, DOUGLAS E ET AL
RONALD KERR
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
ALTIZER BARBARA
the
DEFENDANT
, at 1411:00 HOURS, on the 3rd day of June
, 2004
at 1838 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
by handing to
BARBARA ALTIZER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
Answe~~
.~
6.00
.00
.00
10.00
.00
16.00
R. Thomas Kline
06/04/2004
OBRIEN BARIC SCHERER
Sworn and Subscribed to before
By:
~L
Deputy 1heriff
me this /0 ~ day of
.-1
()~~'.-_ .2~'f A.D.
C)J '''~- (2 )r,,/f~., .~.
Pf"othonotary .
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02368 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
WISER, DOUGLAS E ET AL
RONALD KERR
Sheriff or Deputy Sheriff of
Cumberland Countj', Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
WISER LINDA L
the
DEFENDANT
, at 1334:00 HOURS, on the 3rd day of June
2004
at 13 NORTH WASHINGTON STREET
SHIPPENSBURG, PA 17257
by handing to
LINDA L WISER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~;?'ri"?/Y_ _ _ /~ _
i '7~.c~.'_~
R. Thomas Kline
06/04/2004
OBRIEN BARIC SCHERER
Sworn and Subscribed to before
tC-
me this ID ~ day of
l},~\.:Lt>v7' A.D.
C AM-p' r2 h-u~ ~ '
-;P~~thonotary ,
By:
"PcJ\....,.9J /('1-
Deputy ~heriff
:1
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, P A 17257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004- 2368 CIVIL TERM
V.
CIVIL ACTION-LAW
DOUGLAS E. WISER,
LINDA L. WISER,
1806 RITNER HIGHWAY
SHIPPENSBURG, PA 17257,
13 N. WASHINGTON STREET
SHIPPENSBURG, P A 17257
and BARBARA ALTIZER,
Terre Tenant of
1838 RITNER HIGHWAY
SHIPPENSBURG, PA 17257
Defendants.
MORTGAGE FORECLOSURE
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued without
prejudice.
Respectfully submitted,
~7?E;;:i
Date:
Cj J I tI/oS-
I i
David A. Baric, Esquire
J.D. # 44853
19 West South Street
Carlisle, P A 17013
(717) 249-6873
Attorney for Plaintiff
da b.dir/orrstownbanklwiser/discontinue. pra
II
CERTIFICATE OF SERVICE
I hereby certify that on September / &,2005, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Douglas E. Wiser
1838 Ritner Highway
Shippensburg, Pennsylvania 17257
Linda L. Wiser
13 North Washington Street
Shippensburg, Pennsylvania 17257
Barbara Altizer
1838 Ritner Highway
Shippensburg, Pennsylvania 17257
~;Jt: ~
David A. Baric, Esquire
2
s:
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