HomeMy WebLinkAbout10-0453ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
ARLENE E. DELL
112 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010- 4/57,3 CIVIL TERM r,
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MORTGAGE FORECLOSURE= ,
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NOTICE -<? `n'
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
NO. 2010- L/ 3 CIVIL TERM
V.
ARLENE E. DELL MORTGAGE FORECLOSURE
112 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant :
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:
The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania.
2. The Defendant is Arlene E. Dell, an adult individual who resides at 112 Wesley
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
By Deed acknowledged on November 18, 1994, William J. Dell and Arlene E.
Dell, conveyed their interests in the premises described in Exhibit "A", attached hereto and made
a part hereof, to William J. Dell, Arlene E. Dell and Raymond T. Dell. This Deed was recorded
in Cumberland County Deed Book 115, Page 102, et seq., all of which pages are incorporated
herein by reference and made a part hereof. The premises are further described as being 301
North Second Street, Wormleysburg, Cumberland County, Pennsylvania.
4. On or about May 11, 2006, Arlene E. Dell and Raymond T. Dell, as Mortgagors,
made, executed and delivered a written Mortgage 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 5, 2006, at Cumberland County Record Book 1953, Page 151, et
seq., all of which pages are incorporated herein by reference and made a part hereof.
A true and correct copy of the aforesaid recorded Mortgage is attached hereto and
made a part hereof as Exhibit "B".
6. William J. Dell passed away on January 31, 2001 and his interest in the premises
vested in Arlene E. Dell by virtue of law.
7. Raymond T. Dell passed away on September 1, 2009 and his interest in the
premises vested in Arlene E. Dell by virtue of law.
Defendant has defaulted under the terms and conditions of the Mortgage by failing
to make payments due August, 2009 and every month thereafter.
9. Defendant is the present record owner of the premises described in Exhibit "A'
and is the real owner of the premises.
10. Plaintiff served Notice of Plaintiff s Intention to Foreclose to the Defendant via
certificate of mailing on or about December 2, 2009.
11. Attached hereto and marked Exhibit "C" is a true and correct copy of the Notice
of Intention to Foreclose mailed to the Defendant.
12. Attached hereto and marked Exhibit "D" is a true and correct copy of the
certificate of mailing for the notice.
13. The original principal amount of the Mortgage was $15,000.00.
14. Under the terms of the Mortgage, if any monthly payment of principal and interest
is not made when due or any other obligations of the Mortgage are not met, then the entire
indebtedness owing on the Mortgage obligation shall become due and payable immediately at the
declaration of the Mortgagee.
15. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
16. The following amounts are presently due on the said Mortgage and Note
calculated to January 7, 2010:
Principal $11,616.94
Interest to 01/07/10 $ 369.34
(per diem $2.38)
Late Charge $ 12.50
Other Charges $ 59.00
Reasonable attorneys fees $ 3,500.00
fixed by Plaintiff for purposes
of this Complaint
TOTAL: $15,557.78
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of
$15,557.78, plus interest thereafter at the contract per diem rate from January 7, 2010, and costs
and expenses against the Defendant, Mortgagor and real owner and seeks foreclosure and
Sheriff s Sale of the mortgaged property in Exhibit "A".
Respectfully submitted,
O EN,,BA & SCH R
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Orrstown Bank
dab.dir/orrstown ban k/dell/complaint. pld
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own, I
have read the statements, and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. 1 understand that false statements herein are m*subject to the penalties of 18 Pa.C.s.
4904 relating to unworn falsifications to authorities.B
Loan
Workout & Collection Manager
Linda K, Mowen
Assistant Vice President
Orrstown Bank
,1' Tax ID No. 47-19-1588-133
MADE THE / day of /!TAe h1_1Vin the year of our Lord one thousand
nine hundred ninety-four (I994)
BETWEEN WILLIAM J. DELL and ARLENE E. DELI, his wife, of the Borough of
Wormleysburg, Cumberland County, Pennsylvania,
GRANTORS
and WILLIAM J. DELL and ARLENE E. DELI, his wife, of the Borough of
Wormleysburg, Cumberland County, Pennsylvania, an undivided one-half
interest as tenants by entirety, and RAYMOND T. DELL of the Borough
of Wormleysburg, Cumberland County, Pennsylvania, an undivided
one-half interest, each undivided one half interest as to each other,
being joint tenants with the right of survivorship,
GRANTEES
WITNESSETH, that in consideration of One Dollar (SI.00), in hand paid, the receipt
whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the
said Grantees, their heirs and assigns as aforesaid:
TRACT NO, 1: ALL THAT CERTAIN lot or parcel of land situate in the Borough of
Wormleysburg, formerly known as East Pennsboro Township, Cumberland County,
Pennsylvania, at the corner of Second and Poplar Streets in a certain plan of lots called
"Edgewater."
BEING Lot No. 53 on a plan of lots prepared by E. C. Cowden, Civil Engineer, and
known as Edgewater Plan No. 3, said plan being recorded in the Recorders Office in
and for Cumberland County in Plan Book No. Page 71. Said Lot No. 53 on said
Edgewater Plan No. 3 fronting on Second Street thi (30) feet to an alley on which
latter the frontae is twenty-four and one-half (24 1R) feet, more or less, and having
thereon erected g a one story brick dwelling known and numbered as 301 North 2nd
Street.
'TRACT NO. Z: ALL THAT CERTAIN lot of ground situate in the Borough of
Wormleysburg and formerly known as East Pennsboro Township, Cumberland County,
Pennsylvania, being Lot No. 54 on North Second Street, on a Plan of Lots prepared by
E- C. Cowden, known as "Edgewater Plan ,P3; and recorded in Cumberland County in
Plan Book No. 1, Page 71.
CONTAINING in front on said Second Street twenty-five (25) feet; and in depth of
equal width to River Alley one hundred fifty (150) feet, more or less.
BEING the same premises which Pearl E. Day, widow, by her deed dated May 9, 1958,
and recorded in the Office of the Recorder of Deeds in and for Cumberland County in
Deed Book K, Volume 18, Page 253, granted and conveyed until William J. Dell and
Arlene E. Dell, his wife, Grantors herein.
Wi U5 PACE 102
EXHIBIT "A"
THIS CONVEYANCE is made expressly subject to the following restrictions, viz:
1. The property shall be used solely for residential purposes.
2. No building shall be erected thereon for such purpose at a cost of less
than $2,000.00
3. A parage may be erected, provided it is used only by the occupant of such
residence, and has no greater capacity than two cars.
4. No structure, or part of structure, shall be erected within twenty-five (25)
feet of the line of Second Street.
r^•
THIS IS A NON-TAXABLE TRANSFER for Pennsylvania transfer tax purposes from
mother and father to son.
And the said Grantors hereby covenant and agree that they will warrant specially the
property hereby conveyed.
IN WITNESS WIIEREOF, the said Grantors have hereunto set their hands and seals
the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE RESENCE OF
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'44&, J. a.`^ (SEAL)
' William J. Dell
-(SEAL)
Arlene E. Dell
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND 1
ON THIS, the day of Ek 1994, before me, the
undersigned officer, personally appeared WILLIAM J. DFLl and ARLENE E. DELL,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to
the within instrument, and acknowledged that they executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official s
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WQ-W 115
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.1:aa1:. .J Jr . I. . .t
I do hereby certify that the precise residence and complete post office address of the
within-named Grantee(s) is:
301 North Second Street
Wormleysburg, PA 17043
Date.
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND )
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RECORDED on this a A day J%J A.D.
19, in the Recorder's Office of the said County, in Deed Book
Volume Page 16Z
Given under my hand and the seal of the said Office, the date above
written.
???--
. Recorder
nook 115 PACE 104
1
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Parcel Identification
I Number:
RECORDATION
REQUESTED BY:
ORRSTOWN BANK
CAMP HILL OFFICE
77 EAST KING STREET
P O BOX 250
SHIPPENSBURG. PA
17257
WHEN RECORDED MAIL
TO:
ORRSTOWN BANK
77 EAST KING STREET
P.O. BOX 250
SHIPPENSBURG, PA
17257
F R R RDER' 11h ONLY 1
O
MORTGAGE
Amount Secured Hereby: $15,000.00
THIS MORTGAGE dated May 11, 2006, is made and executed between William J Dell
(Deceased), Arlene Dell and Raymond T Dell, whose address is 301 N Second St,
Wormleysburg, PA 17043-1104 (referred to below as "Grantor") and ORRSTOWN BANK,
whose address is 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 (referred
to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real pproperty, including without
limitation all minerals, oil, as, geothermal and similar matters, (the "Real Property") bcated in Cumberland
County, Commonwealth of Pennsylvania:
Dead Dated 11-18-94, Recorded in Book 115, Page 102
The Real Property or its address is commonly known as 301 N Second St, Wormleysburg, PA
17043-1104.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $15,000.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for
deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
or completion of any foreclosure action, either judicially or by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at
Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into
this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a
default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law,
regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from
Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to
Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all
Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's
possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: 0l During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
EXHIBIT "Brr
8K 1953PG2 151
MORTGAGE
(Continued) Page 2
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or
to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities,
damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach
of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal,
release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the
same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the
obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of
the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether
by foreclosure or otherwise.
Nuisance. Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
equal value.
Lander's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to
doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments
not due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen (151 days after the lien arises or, if a lien is filed,
within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional
obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be
reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer
9-
3 2
MORTGAGE
(Continued) Page 3
containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior
written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice.
Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be
impaired in any way by any act, omission or default of Grantor or any other person. The Real Property is or will be
located in an area designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area. Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid
principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may
make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the
remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after
payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests,
encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the
Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's
interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender
believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will
then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment
by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
demand; (8) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of
the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other
rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not
be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's
obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any
title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection
with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to
Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall he entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive
the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect
until such time as Borrower's Indebtedness is paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower
which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available
Oil 0 953PG2 153
MORTGAGE
(Continued) Page 4
remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real
property records, Lender may, at any time and without further authorization from Grantor, file executed
counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and
make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the
Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on
the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to
the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the
matters referred to in this paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender
may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all
the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable
satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing
Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following
happen:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform promptly at the
time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on
Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material
respect, either now or at the time made or furnished.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and
for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of
a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
Borrower or Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of
Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on
Borrower's or Grantor's accounts with Lender. However, if Borrower or Grantor disputes in good faith whether the
claim on which the taking of the Property is based is valid or reasonable, and if Borrower or Grantor gives Lender
written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the
claim, then this default provision will not apply.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between
Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without
limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender,
whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety,
or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party
dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the
Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the
guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to
Lender, and, in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes itself insecure.
SKI953PG?i1;rt
MORTGAGE
(Continued) Page 5
Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice
of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if
Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within
fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender
deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the
Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and
above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or
other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by
Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name
of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in
response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any
proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person,
by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right
to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Nonjudiciai Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall
become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1)
pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of
Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available
at law or in equity.
Safe of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all
right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any
part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If
Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's
failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise
Lender's remedies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any
court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may
change his or her address for notices under this Mortgage by giving formal written notice to the other person or
persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor
agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law,
if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all
Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
BKI953PG2155
MORTGAGE
(Continued) Page 6
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with
Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this
Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or
amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,
and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each
and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in
this Mortgage.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage
unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that
Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not
mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if
Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if
the situation happens again. Grantor further understands that just because Lender consents to one or more of
Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests.
Grantor waives presentment, demand for payment, protest, and notice of dishonor.
SeveraWlty. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by
itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the
rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or
unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means Raymond T Dell and includes all co-signers and co-makers signing the
Note and all their successors and assigns.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. 1"CERCLA% the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499 I"SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1601, at seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the
events of default section of this Mortgage.
Grantor. The word "Grantor" means William J Dell (Deceased), Arlene Dell and Raymond T Dell.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lander. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or
assigns" mean any person or company that acquires any interest in the Note.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated May 11, 2006, in the Original principal amount
of $15,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of,
refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
the Note is May 16, 2016.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
Mortgage.
8K 1 953PG2 i 5F
MORTGAGE
(Continued) Page 7
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH
GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
(Seal)
X William J Dell (Deceased)
i
ISsell
Ar ne Dell
and delivered in the presence of:
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows:
CAMP HILL OFFICE, 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17
Attorney or Agent for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
1 SS
COUNTY OF Lpj??? )
?jj /0 .1, Jr
n this, the day of 20 AL, before me
the undersigned 14o&iy u lic, personally appeared W Mun J Dell (Deceased);
Arlene UbN; and Ytttw, e , mown to me (or satisfactorily p vent to be the person whose names are subscribed
to the within instrument, and acknowledged that they executed the same for the purposes t rein contained.
In witness whereof, I hereunto set my hand and official
Notary P lic in and for the State of
1 Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
SKI953PG2i57
December 2, 2009
Arlene Dell
112 Wesley Drive
Mechanicsburg, Pa. 17055
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by ORRSTOWN BANK(Hereinafter we, us or ours) on your
property located at 301 N. Second Street, Wormleysburg, Pa. 17043 IS IN SERIOUS
DEFAULT because you have not made the monthly payments on Loan #470033303 for
August 16`h--$ 178.13, September 16th--$ 178.13, October 16'h--$178.13 and
November 16`h--$ 178.13.
Late charges and other charges have also accrued to this date in the amount of $ 5.00
The total amount now required to cure this default, or in other words, get caught up in
your payments, as of the date of this letter, is $ 717.52
You may cure this default within THIRTY (30) DAYS of the date of this letter, by
paying to us the above amount of $ 717.52 plus and additional monthly payments and
late charge which may fall due during this period. Such payment must be made either
by cash, cashier's check, certified check or money order, and made at 2696 Philadelphia
Avenue, Chambersburg, Pa. 17201.
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that whatever is owing on the original
amount borrowed will be considered due immediately and you may lose the chance to
pay off the original mortgage in monthly installments. If full payment of the amount of
default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys
to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed
your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we
refer your case to our attorneys, but you cure the default before they begin legal
proceedings against you, you will still have to pay the reasonable attorney's fees, actually
incurred, up to $50.00. However, if legal proceedings are started against you, you will
have to pay the reasonable attorney's fees even if they are over $50.00. Any Attorney's
fees will be added to whatever you owe us, which may also include our reasonable costs.
If you cure the default within the thirty day period, you will not be required to pay
attorney's fees.
EXHIBIT "C"
P.O. Box 250 m Shippensburg, PA 17257 . 717.530.3530 e 717.532.4143 fax
We may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage. If you have not cured the default within the thirty day period and
foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You
may do so by paying the total amount of the unpaid monthly payments plus any late or
other charges then due, as well as the reasonable attorney's fees and cost connected with
the foreclosure sale and performs any other requirements under the mortgage. It is
estimated that the earliest date that such a Sheriffs Sale could be held would be
approximately 6 MONTHS. A notice of the date of the Sheriff 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 will be by
calling us at the following number: (717) 709-3029. This payment must be in cash,
cashier's check, certified check or money order and made payable to us at the address
stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in or occupy the property
after the Sheriff s sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU HAVE
THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT, OR TO BORROW FROM ANOTHER LENDING INSTITUTION
TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR
t 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 UNDER THE MORTGAGE ARE SATISFIED. Contact US TO
DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.
YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD
PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default
had occurred. However, you are not entitled to this right to cure your default more that
three times in any calendar year.
Sincerely,
ff -j-
Betsy J. Smith
Collection Department
7008 1830 0005 0472 8838
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F: (7171234-1925
ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2010-453 CIVIL TERM
v.
ARLENE E. DELL
112 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
To: Orrstown Bank
c/o David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
MORTGAGE FORECLOSURE
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed Preliminary Objections to the Complaint
within twenty (20) days from service hereof or a default judgment may be entered against you.
Respectfully submitted,
NAUMAN, SMITH, SHISSLER & HALL, LLP
By: ~
Suzanne S. riday, Esquire
Supreme Court ID# 201873
200 North Third Street, P. O. Box 840
Harrisburg, PA 17108-0840
Telephone: (717) 236-3010
Counsel for Defendant, Arlene E. Dell
Date: February 5, 2010
NAUMAN, SMITH, SHISSLER & HALL, LLP
Suzanne S. Friday, Esquire
Attorney I.D. No. 201873
200 North Third Street, 18`h Floor
P. O. Box 840
Harrisburg, PA 17108-0840 Attorneys for Defendant
T: (717) 236-3010
F: (717) 234-1925
ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
v.
ARLENE E. DELL
112 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2010-453 CIVIL TERM
MORTGAGE FORECLOSURE
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
Defendant, Arlene E. Dell, by her attorneys, NAUMAN, SMITH, SHISSLER & HALL,
LLP, hereby preliminarily objects to Plaintiffs Complaint pursuant to Pa. R.C.P. 1028(a) (1) as
follows:
PRELIMINARY OBJECTION TO IMPROPER SERVICE OF COMPLAINT
Plaintiff commenced this action by filing the Complaint on January 21, 2010.
2. The Complaint was not properly served upon the Defendant who is a resident of
Manor Care Nursing Home, 1700 Market Street, Camp Hill, PA 17011.
The Complaint was improperly served at the home of Defendant's nephew, Craig
Keefauver, located at 1045 Country Club Road, Camp Hill, PA 17011 on or about February 1, 2010.
4. Defendant never resided at the 1045 Country Club Road, Camp Hill, PA address.
5. Service of the Complaint was improper under Pa. R.C.P. 402.
WHEREFORE, Defendant, Arlene E. Dell, respectfully requests that the return of service of
Plaintiff s Complaint be stricken from the record.
NAUMAN, SMITH, SHISSLER & HALL, LLP
By:
Suza a S. Friday, Esquire
Supreme Court ID# 201873
200 North Third Street, P. O. Box 840
Harrisburg, PA 17108-0840
Telephone: (717) 236-3010
Counsel for Defendant, Arlene E. Dell
Date: February 5, 2010
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2010-453 CIVIL TERM
v.
ARLENE E. DELL
112 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
MORTGAGE FORECLOSURE
VERIFICATION
I, Suzanne S. Friday, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP,
attorneys for Arlene E. Dell, Defendant, in the foregoing proceeding, make this verification on behalf
of Defendant and do state that as attorney for Defendant I am authorized to make this Verification
on behalf of Defendant, and further state that, based on information provided to me by Defendant,
the facts set forth in the Defendant's Preliminary Objections to Plaintiff's Complaint, are true and
correct to the best of my knowledge, information and belief. I understand that my statements are
made subject to 18 Pa. C.S. § 4904 providing for criminal penalties for unsworn falsification to
authorities.
Suza S. Friday, Esquire
Date: February 5, 2010
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
v.
ARLENE E. DELL
112 WESLEY DRIVE
MECHANICSBURG, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2010-453 CIVIL TERM
MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
AND NOW, on the date stated below, I, Suzanne S. Friday, Esquire, of the firm of
Nauman, Smith, Shissler & Hall, LLP, hereby certify that I this day served the foregoing
Preliminary Objections of Defendant to Plaintiff's Complaint, by depositing a copy of the same
in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed
to the following:
David A. Baric, Esquire
O'Brien, Baric, & Scherer
19 West South Street
Carlisle, PA 17013
NAUMAN, SMITH, SHISSLER & HALL, LLP
r
By
Suza a S. Friday, Esquire
Supreme Court ID # 201873
Date: February 5, 2010
.~i
ORRSTOWN BANK
77 EAST KING STREE
SHIPPENSBURG, PA 1 257
Pl 'ntiff
v.
ARLENE E. DELL
112 WESLEY DRIVE .
MECHANICSBURG, P 17055
Tl fP„~l~„+
TO THE PROTHONOT RY:
Kindly mark the Bove
prejudice.
Date: July 15, 2010
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2010-453 CIVIL TERM
MORTGAGE FORECLOSURE
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PRAECIPE TO DISCONTINUE
action as having been settled and discontinued without
Respectfully submitted,
B SCHERER
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on July 15, 2010, I, David A. Baric, Esquire of Baric Scherer, did serve
a copy of a Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed
below, as follows:
Suzanne S. Friday, Esquire
Nauman Smith Shissler & Hall, LLP
P.O. Box 840
Harrisburg, Pennsylvania 17108
v
David A. Baric, Esquire