HomeMy WebLinkAbout10-0977ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010- MI CIVIL TERM
LUTHER R. PALMER MORTGAGE FORECLOSURE
115 COLLEGE DRIVE L4? N4
LAWRENCEVILLE, VA 23868
Defendant
F:: W 3
NOTICE
> 0 Z r` `t
You have been sued in court. If you wish to defend against the claims set fort n thi:
following pages, you must take action within twenty (20) days after this complaint an otw ar
served, by entering a written appearance personally or by an attorney and filing in writing ?Ai
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
-fQa1.00 -PA RTY /
C(4'*- i Slv84
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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- q 7 7 CIVIL TERM
V. ;
LUTHER R. PALMER MORTGAGE FORECLOSURE
115 COLLEGE DRIVE :
LAWRENCEVILLE, VA 23868
Defendant
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, BARIC SCHERER,
and files the within Complaint and, in support thereof, sets forth the following:
1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania.
2. The Defendant is Luther R. Palmer, an adult individual with a last known address
of 115 College Drive, Lawrenceville, Virginia 23868.
By Deed acknowledged on September 14, 2002, Artrell Palmer, Carole Palmer
Evans, Sherry Palmer Campbell and Kim Palmer Lee, conveyed their interests in the premises
described in Exhibit "A", attached hereto and made a part hereof, to Luther R. Palmer. This
Deed was recorded in Cumberland County Deed Book 257, Page 86, et seq., all of which pages
are incorporated herein by reference and made a part hereof. The premises are further described
as being 408 North West Street, Carlisle, Cumberland County, Pennsylvania. Luther R. Palmer
further acquired an interest in the premises through the will of Sarah Catherine Palmer as
referenced at estate proceeding no. 21-00-387.
4. On or about July 18, 2003, Luther R. Palmer, as Mortgagor, made, executed and
delivered a written Note secured by a Mortgage made, executed and delivered the same day to
Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in
the Cumberland County Office of the Recorder of Deeds on July 24, 2003, at Cumberland
County Record Book 1825, Page 332, et seq., all of which pages are incorporated herein by
reference and made a part hereof.
A true and correct copy of the aforesaid Note is attached hereto and made a part
hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached
hereto and made a part hereof as Exhibit "C".
6. Defendant has defaulted under the terms and conditions of the Mortgage and Note
by failing to make payments due October, 2009, November, 2009, December, 2009 and January,
2010.
7. Defendant is the present record partial owner of the premises described in Exhibit
"A' and is the real partial owner of the premises.
Plaintiff served Notice of Plaintiff's Intention to Foreclose and Act 91 notice to
the Defendant via certificate of mailing on or about December 28, 2009.
9. Attached hereto and marked Exhibit "D" are true and correct copies of the
combined Notice of Intention to Foreclose and Act 91 Notice mailed to the Defendant.
10. Attached hereto and marked Exhibit "E" is a true and correct copy of the
certificate of mailing for the combined notice.
11. The original principal amount of the Mortgage was $21,000.00.
12. Under the terms of the Mortgage and Note, if any monthly payment of principal
and interest is not made when due or any other obligations of the Note or Mortgage is not met,
then the entire indebtedness owing on the Mortgage and Note obligation shall become due and
payable immediately at the declaration of the Mortgagee.
13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
14. The following amounts are presently due on the said Mortgage and Note
calculated to February 2, 2010:
Principal $17,321.89
Interest to 02/02/10 $ 348.99
(per diem $3.20)
Late Charge $ 7.50
Other Charges $ 3,712.72
Reasonable attorneys fees $ 1.732.18
fixed by Plaintiff for purposes
of this Complaint
(10% of principal debt)
TOTAL: $23,123.28
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of
$23,128.28, plus interest thereafter at the contract per diem rate from February 2, 2010, and costs
and expenses against the Defendant, Mortgagor and real partial owner and seeks foreclosure and
Sheriff's Sale of the mortgaged property in Exhibit "A".
Respectfully submitted,
B S5CHERER
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Orrstown Bank
dab.dir/orrstownbank/palmer/2010/foreclosurecomplaint.pld
'::t Ev"L': i;
6J OF W6.
:AILA iD COUNTY-;
03 NRY 13 PR 2 2$
Tax Parcel No:
06-20-1789-206
MADE THE _ day of S&NOM i
in the year of Our
Lord two thousand two pool)
BETWEEN ARTRELL PAUKM CAROLE PALMER EVANS, SHERRY
PALMER CAMPBELL and 3M PALMER LEE, of Baltimore, Maryland,
GRANTORS,
and LUTMM R. PALMER, of Carlisle, Cumberland County, Pennsylvania,
GRANTEE,
WPTNESSETH, that in consideration of One and no1100 ($1.00) Dollar in hand paid, the
receipt whereof is hereby acknowledged, the said Grantors do hereby grunt and convey unto the
said GrantM his heirs and assigns,
ALL, THAT CERTAIN property and lot of ground located in the Borough of Carlisle.
County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the West side ofNorth West Street; thence along the property
of No. 406 North West Street, North 77 degrees 45 minutes West, a distance of 93 feet to the
East side of a 12 foot Public Alley; thence along the East aide of the above Public Alley North 12
degrees 15 minutes East, a distance of 14.41 % fed to a point; thane along property of No. 410
North Went Stred, South 77 degrees 45 minutes East, a distance of 93 feet to a point on the West
side of North West Street; thence along the West side of North West Street, South 12 degrees 15
mimes West, a distance of 14.41 % feet to a point, the place of BEGINNING.
KNOWN as and numbered 408 North West Street.
TOGETHER with the right of ingress and egress and the common use of all that certain
alley way located between properties nos. 408 and 410 North West Street.
BEING the same property which Pierson K Miller and Margaret S. Miller, husband and
wife, by their Deed dated January 14, 1954, and recorded in the Office of the Recorder of Deeds
in and for Cumberland Comity in Deed Book "N', Volume IS, Page 192, granted and conveyed
unto William H.'Palmex and Sarah Catherine Palmer, husband and wife. The said William H.
Palmer died on March 24, 1995, thereby venting fee simple title, by operation of law, in his
surviving spouse, Sarah Catherine Palmer.
X11 07 lm 86
"' Exhibit "A"
The said Sarah Cadmine Pabner died tomb on March 19, 2000, and by her Last Will and
Testamient duly prom and re&ered in the Oboe ofthe Register ofWift in and for Cumberland
County, Peoasylvanis, at EsM Proceeding No. 2140-387, she devised the Wnh6effore
W () J?a Am St dddd, William R Palmer, Jr.,
Shirley Mae Pahaert Join Marie
Louise Palmer, and Luther R. Pal Louis Palmier, Ike Jean Simpson, Jacqueline
m
The said Louis M. Palmer predeceased the mid Sarah Catheriae•Pahner, dying intestate on
July 14, 1999, leaving to survive him as his sole issue two (2) natural daughters, namely Artrell
Palmer and Carole Palmer Evans and two (2) daughters, namely Sherry Palmer Campbell and Kim
Palmer Leq adopted by prnoeedings in the Circuit Court No. 2 of Baltimore 011 6 January Teem,
1967, and erdered to docket 9/AD, Folio 78 Can No. 113981 AD Sled Jamwvy 16, 1967.
The said Artredl Pitmen, Carole Palmer Evans, Sherry Palmer Campbell and Kim Palmer
Lee hereby convey any riglrt, title and interest they may have in the above described property and
do release and quit-claim said property to the said Grantees herein.
AND the said Grantors hereby covenant and agree that they and each of them will warrant
SPECIALLY the property hereby conveyed.
IN WITNESS WHEREOF, said Grantors have hertunto set their hands and seals the day
and year fast above written.
Signed. sealed and de ive.red
in the presence of
A ?
Carsak Palmer Leans . a. ....,;,r?..?
Q-C&.
Sherry Pagi(er Gmpbe:0 44 A .
Kini
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?
NVI/V{l FWX SM OF MAKA "
b001f 2W ?&C*n &r ?s March 1 2W
STATE OF BALTIMORE )
COUNTY OF W4, Ci) SS.
On this, the _ &y of Z'eP-*Te bsQ 2002, before
In% the undersigned oiica, pasonakly appeared Artrell PaInm, known to Me (or only
proven) to be the pawn whose name is wbscribed to the within insirmnaik and wledged
that she executed the same for the purposes them contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. .... :.
L
NotartPublibfic t , a
Q ltd t? .,.
STATE OF BALTIMORE Amum
BON M" 1 2W
t? - ?gecJ
COUNTY OF SS. a)5_
p. Ci ?y )
-- I day of ?Eg jef4 M1& 4- 2002, before
me. the undo nsigned officer, personally appeared Carole Palmer Evans, known to me (or
sati 'ley prover) to be the person whose name is subscribed to the within instrument, and 16 - sebowledged that she owcuted the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. :..
• .'_ ..
Notary
STATE OF BALTIMORE }
ll MMCOOM
SS. - N0lWRMXSM0FMWM
COUNTY OF i T } My COnWalon EV ns M..h 1 22.
On this, the day of 'Tr. a 1 ei",t 2002, before
me, the under igned officer, personally appeared Sherry Pahmer Campbell, known to me (or
satishhctoruy proven) to be the person whose name is subscribed to the'within instrument, and
$OOK 2M PAGE 88
acknowledged that she executed the same for the purposes therein cow.
IN WITNESS WEIBREOF, I hereunto set my hard and official seal.
Notary Public
STATE OF BALTIMORE NOW' swe Nc
SS. ?? 42"-l 02n µr +°" t tops
COUNTY OF ?. Cr f
On this, the1 day of __ sc p''e (o
me, the undersigned officer, Personally appeared Kim Palmer 2002, before loee,
proven} to be the Peron whose name is subsedbed to the within instrurnent known me (or satisfactorily
that she executed the same for the and acknowledged
purposes therein contained.
IN WITNESS WBEREOF, I hereunto set my hand and official seal.
•.flflil.
r
Notary Public .?r
4F_ a -Z
NOVAY ?h%OF MArfipM
• .zoos
vh
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise residence and complete post office address of the
within named Grantee LuTH84 R. PALnj6A hereja is q& follows:
228 wisr gto Ro srasvT.. Swore 2) R%c"MSrt I vA 23220
200'3
Attorney f Grant
d'6?c 25''1 ?c? 89
COMMONWEALTH OF P4V
COUNTY OF CUMBERLAND
Recorder
I Cerl i iy this to be recorded
In Cumberland County PA
01 C
i•
e
Recorder of Deeds
Ma
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2V IF 90
g$8?g$8?'SS8?8
SS.
Recorded an this -clay of _ A.D. 2002, in the Reeordees
Office of the said County, in Deed Book PA
Given under my hand and seal of the said office the date above written.
AeV-183 EX (8-98)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280803
HARRISBURG, PA 17128-0603
REALTY TRANSFER TAX
STATEMENT OF VALUE
RECORDER'S USE ONLY
Stall Tax P"
Book Number '
Pape Number
Data Re wdw t- .9 ?_
Is without considerallaon or _ _ " ._".......•.,•••••?•' w ?tia svr ?vrer rn ere asso, R) V~ the deed
by gift, or (3) a tax exemptim Is claimed. A Statetnertt of Value Is not mquhd If the transfer le wholly exempt from tax
based on: (1) family relationship or (2) public utility easement If more space is needed. attach addltlonal sheet(s).
A CORRESPONDENT - All Inquiries may be directed to the following person:
Name Telephone Number:
HAROLD S. IRWIN, ill 717.2436090
Street Address: City: State: Zip Code:
35 EAST HIGH STREET CARLISLE PA 17013
B TRANSFER DATA Data of Acceptance of Docranent: April s. 2002
ARTRELL PALMER, et &I
LUTHER R. PALMER
2121 WINSOR GARDEN LANE APT 544D 220 MIM BOAMD ST146i7, SWITC 2 -
City: State: Zip Code: city: State: Zip Code:
BALTIMORE MD 21207 RICHMOND VA 23220
C PROPERTY LOCATION
Street Address: City, Townshlp, Borough:
408 NORTH WEST STREET CARLISLE BOROUGH
County: TSdtool District: Tax Parcel Number.
CUMBERLAND C06 - 20 -1789 - 206
D VALUATION DATA
$27
2. Check Appropriate Box Below for Exemption Claimed:
16.67%
_ Will or Intestate succession:
Transfer to Industrial Development Agency. (Name of Decedent) (Estate Fite Number)
Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.)
Transfer between principal and agent (Attach complete copy of agency / straw party agreement.)
Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or In Ileu of condemnation.
(if condemnation or in Hsu of condemnation, attach copy of resotution.)
Transfer from a mortgagor to a holder of a mortgage in default Mortgage Book Number , Page Number
Corrective or confirmatory deed (Attach complete copy of the prior deed being corrected or confirmed.)
Statutory corporate consolidation, merger or division. (Attach copy of articles.)
X Other (Please explain exemption claimed, N other than listed above.) GRANTEE PURCHASED ONLY A 1/6 (OR 1e.67%) INTEREST IN
PREMISES (TOTAL VALUE OF $32,500 ON MOTHER'S INHERITANCE TAX RETURN) FROM GRANTORS FOR A TOTAL PURCHASE
PRICE OF $3,800.00.
- - - - ...-- -.. - -•• ---••_••n ......wv...y aw?ilpon]?na
and belief, it I e, correct and com ets. - rnwrmarron, ana to the Deal or my
SigMTO ponderrt or Responsible P Date:
APRIL 18, 2003
FAILURE COMPLETE THIS FOR PROP R Y OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDEI
REFUSAL TO RECORD THE DEED.
G W.^Mmr I Bann WX a ilk
13. Amount of Exemption Claimed! I
1 h oe.,....+s.....E ?..?_.... ?_ . ?. _ ..
PROMISSORY NOTE
References in the shaded area are for Lendees use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing •• • •" has been omitted due to text lenoth limitations.
Borrower: LUTHER R PALMER (SSN: 2W-3&-WW) Lender: ORRSTOWN BANK
406 N WEST STREET HANOVER STREET OFFICE
CARLISLE, PA 17013 PO BOX 250
SHIPPENSBURG, PA 17257
Principal Amount: $21,000.00
Interest Rate: 6.750%
PROMISE TO PAY. 1 ("Borrower") promise to pay to ORRSTOWN BANK ("Lender"), or order, in lawfu
the principal amount of Twenty-one Thousand A 00/100 Dollars ($21,000.00), together with Interest
unpaid principal balance from July 23,2M, until paid In full.
Date of Note: July 18, 2003
Maturity Date: July 18, 2018
1 money of the United States of America,
at the rate of 6.7509E per annum on the
PAYMENT. 1 will pay this loan in 180 payments of $195.72 each payment. My first payment is due August 18, 2003, and all subsequent
payments are due on the sane day of each month after that. My final payment will be due on July 18, 2016, and will be for all principal and all
accrued Interest and all credit insurance premiums, not yet paid. Payments include principal and Interest and credit insurance premiums.
Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid credit insurance premiums, accrued to the
date of receipt of payment; then to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late
charges. interest on this Note Is computed on a 36065 simple Interest basis; that I% by applying the ratio of the annual Interest rate over
the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is
outstanding. I will pay tender at Lender's address shown above or at such other place as Lender may designate In writing.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it Is due. Early payments will not, unless agreed to by
Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the
principal balance due and may result In my making lower payments. If I prepay this loan in full, I will recelve a rebate of any unearned insurance
premiums. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may
accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to tender. All written
communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment
in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or
delivered to: ORRSTOWN BANK, HANOVER STREET OFFICE, PO BOX 250, SHIPPENSBURG, PA 17257.
LATE CHARGE. If a payment is 16 days or more late, I will be charged $2.50.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the
date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this
Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents
Is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the
benefit of creditors,. or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. However, my death
will not be an event of default if as a result of the death the Indebtedness is fully covered by credit life insurance.
Talking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a
lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, If I dispute in good faith whether the claim on which
the taking of the property is based is valid or reasonable, and if 1 give Lender written notice of the claim and furnish Lender with monies or a surety
bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial
damage or destruction Is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,
and, in doing so, cure any Event of Default.
Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision
of this Note within the preceding twelve (12) months, It may be cured (and no event of default will have occurred) if I, after receiving written notice
from Lender demanding cure of such default; (1) cure the default within fifteen (15) days; or (2) N the cure requires more than fifteen (15) days,
Immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete
all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable taw, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then I will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I.will pay Lender that amount. This
includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including
attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), and appeals. If not
prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law.
JURY WAIVER. Lender and I hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or me
PROMISSORY NOTE
Loan No: 180031111 (Continued) .
Page
against the other.
RIGHT OF SETOFF. To the Stmt permitted by applicable law, Lander reserves a right of setoff in all my accounts with Lender (whether checking,
savings, or some other account} This Includes all accounts I hold jointly with someone else and all accounts I may open in the future. However. this
does not include any IRA or Keogh aooourts, or any trust accounts for which setoff would be
n, to
permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any prohibited
all such accounts, and, at Lender, ndees; oopptiosment
administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph.
COLLATERAL- I acknowledge this Nola is secured by the following collateral described in the security instrument listed herein, all the terms and
conditions of which are hereby incorporated and made a part of this Note: a Mortgage dated July 1a, 2003, to Lender on real property located in
CUMBERLAND County, Commonwealth of Pennsylvania.
CREDIT INSURANCE) have chosen to purchase Single Ule Insurance for this ban. Information concerning the premiums and the term of this
insurance are set forth in the Disbursement Request and Authorization, all the terms and conditions of which are hereby incorporated and made a part
of this Note.
PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this
requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and
made a part of this Note.
SUCCESSOR INTERESTS. The berms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns,
and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us If we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ues) should be sent to us at
the following address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other
person who signs, guarantees or endorses this Note, to the Went allowed by law, waive presentment, demand for payment, and notice of dishonor.
Upon any change in the terms of this Note, and unless otherwise eocpressiy stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. AD such parties agree that Lender may renew or extend (repeatedly and for any
length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral.
An such parties also agree that Lender may modify this ban without the consent of or notice to anyone other than the party with whom the modification
is made. The obligations under this Note are joint and several. This means that the words "1", "me", and "my" mean each and all of the persons signing
below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. i AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SELL. AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
s. P..)
LUTHEFM , Ind"
LASER MO Landing, Vv. 0.22.00.002 Cep. Harland T9nendtl faW,lana. Ina. 1"T. 2002. M R19hu Raawd. - M Q%CML?L%O20FC TA-3810 PR-2
-3) N e,
RE gDATIONMl11q?t QUESTED BY:
7`01T OFFICE
OW"N@alliG, PA 17767
WHEN RECORDED MAIL TO:
P?O? MAled;
WOVERNMO, PA 17767
`3j?C 2y R??,yrr,,_
113
MORTGAGE
TM MORTGAGE dated July 18, 7003, IS made and elaeculed bebltfsen UM*R R PAIJIE address
4W N WEST STREET, CARLISLE, PA 17013 (relief od to below ore oar R' WhOB
ANK k
address Is PO BOX 25D, SMPPENSWRO, PA 17257 (retsered to below ss?Lendsr ? ORRSTOWN B, +Illloss
WANT OF MORTGAGE. For vahssbq ew"wall Grantor prafAt, twpsba, fah,
in on, M
10 All of Grantools d^ eet buldigo,
InIprOvetrieft aannd?i6du d a? ynee, ajyya, p?p?, ? property. mg ? g with is ? «auEa6qua?l/fr
bosmank k hKeddlernsi , filar Aphis tl?ga? ? O or anywb made sppuMr?ant I am r, ft mph w1h
RoP«h"I loud in ?n{1?.I of Stock SWUM '.I ins 6rnlar eua?s, (the 'Red
9 14/02 DEED DA11ED"YN031ECORDED IN BOOK 257, PAGE 86 IN CARLALE BORO
The Rat Property or ft addran IS commonly known as 10ts N WEST STREET, CARLISLE, PA 17013.
Grantor praw* assigns to Lander al of Grantors righi, sty, and fret ew in and to all present and won fawa of the Properly and all Rant from the
Property. M addbn, Grantor grant to Lender a WWI Con memiN Coda naxft' - 1 in qa Parscny ftpary and Rent.
Me NORTGAGt, THE ASSIWM W OF PAM AND THE 88CLOM MfTOREST 0 TM PAM AND MWONAt. FROF®#rY. is 8111111 GM TONG Ffl! (A) PAM OF T ,, OTMM AND (0) ?OIMIANCa OF AM AND ALL OWWLITNM 1111011111 TAE NOTE IN
ACCEPTED ON THE FOLLOW VJO TERMS: DOOJMWM THIa MORTGAGE Tiff! MORTGAGE IS cllVell AND
PAYMM
a they AND . Exoepf a olherwlss pr In MUIPM Grantor Mal pay toll nder d amount accord by qua Mortpape due and " spy pwform d of oranb% Monigept.
POOalaSIN AND MAINTENANCE OF THE P111OPWIT1t. Grantor egress that GraMoPa Ponession and use d Ms Property shell be governed by the
P" ea 110n and I*& Und! the occurrence M cow the Rwft from of an Event a Wes, Grantor may (1) remain In possession and control of the ProperM M use.
operets or manage the property. Roperty.
Duly b AMOK Grantor shall mWnW fit Property in good condlon and promptly perform all repairs, , and maintenance
rncaanry to praeave Pill value.
Conplana With Onvbonmenlal LWIL Grantor Womb and warrant to Lander that (1) Dunbnp Ma period of Grsn O oww at
an
Property, Hera has bon no use, gerwebn, mnrfndaehm Iresir ard, d Wass rdaaas or huhned P r o
Substance by any person on. under, about or bom cant PraPMy Grantor hee no kn ?e of any Ftes b rk WOW IS
declosed
acknowledged
Lander gwwdm. nF haxrteftM abregs, Ireadma, dtpoulherWna « ff rwaa?tardU s ofa any H you at any ? (b) Property by any prior owners or orsupanta of the Propo*. or (c) any actual threatened )r No or (a eg -, or inns hoe Any k under. above or frany use,
om rag
to such nwllara; and (3) Efmapt as PwAw ty d ulowd to and aokncwbdged by Lender In any kind of any for a n tenant,
oonbastor, NOW Or Ww authorbsd war d ins Property shy use, Oawals. ?' teal teller ?^10r nor any .
SubsYnoa On, wWar, about a town its Property; and (b) any such adMIY shy bO conducted In ? d _
and I" rives, regulations and ardklanoes,
upon to Properly to make such bwPW%ft Including
and 111161s, at wNroW?l? as Fs%ft LandeLdws own Grantor ppupriftrbm ate Lender No Its age b:renter
Property will Mi sertton of the Morlpaps, Any napecloa or teat mobs by wider may b of the
cot rued b waft any weP" Mfr « labMy an the W of I I b Grudor or to any open pansLondWs
wn. The repass only and shy not be
contalned herein we based on GtanMOrs der dSpenoe In kntligyng car Properly for Matard m flubatnow Grantor and es es and
VA
rich lewr. (2) h a a 11111 qeo to IrIdemnly ? Lander and V*MM ?w m* or Lander corebAw N the event Grantor beownaa hole for cleanup « other( costs wWw any
which Labor may dractiy or Indiracgy snsYkn or nAAr rwA ng Yen a breeach arm - cklms. bow of #6 beidw of theh? Mortgage a of any
ft ' genies. and ?p
generdon, manutclwr, sbraG% disPaab 1slsaes or threatened release oowrrkg pd« to Orardorb or es o oonsegwnot a Pro sus,
whellm or not the aanrs was or should have been known to Grantor . The provbMm d tht ssWm of tiww? or Interest in a t§ope b
I denrily, shy survive the Payment of ft Indebtedness and the 4SiZ cn and 0 ohd not be
of the tore of fhb Marlgapa and shai erect bas
Wrctd by Lend" acqultftn of any lntraat In the Propuly, whether by foredown or obwwbL
Nutawe, Waste. Grantor shall not cawm oonduet or pernnl any nuisance nor oommk permit or RMK eery riipprfp of or waste on or to the
PrM" to remove, or aarr any of the Property. VAhM t?q No generdty Of the foregoing. Grantor we not remove, or grant to any cow party the
udrp of and gas), droll, day. I! m . sol, gravel or rock product wlhwut lenders prior wrItim oonsent.
Removal of Improverna ts. Grantor shell not demofbh or remove any Improvomarta from the Aed Property without Leaders prior written
content. As a owdtion to the ramovel of any Improvemer t. Lender may require Grantor to make aura
such Improvements with ImprOVrment of at lead"Value. _ rgensnt tattftctgy to Lander to raptit der
and Lenders Interest and to . Len Inspect the Rest ndWs ab and rep may enter upon the Rawl Property d d reasonable grass b attend to
ooetty for prnPoeoa Of Gmnki% compliance with can terms and condlom of thin Mortgage,
Compliance WO Gowreftfue " PAqUkM*ft Grantor shy promptly comply wall d laws, ordnrenoss, and moult cna, now or hers"K In
auaforlbs apokable to tie was or occupancy of NoProper1y Grantor My Con l d In good talon any Mich taw.
ordlrance, or regulation and withhold eomPkwe during any proosednp, including appropriate sppeet, so long a Grantor has notified Lender in
wrlbng Worto ? to as security I&V W In Lwdw% wis opinion, Landers INIsm la In the Propoly ors not JeoPe?dlsed. Lender may require
Gramm to ? ew* bond, ressonaby sakkelory to Lander, to pray Landers Wrest
Duty I* Protect. Grantor agrees norther to abandon or Nava unattended the Properly. Grantor caul do d olh r act, In addition to tosses w b rat
font above in cant section. which from care cheracer and we of the Property are ressorabty nwewary b ~ and preserve the Property.
TAXES AND LIERS, The ftliwA g prwAslone reld ng to the bm and tone on the Property we part of this Morlpege:
Payment. Grantor shy pry when due (and Ind events pdw to ddnnquenoy) &111111011 psyra book apaw law aaaearr oft water Chaves
and W&w aniw al Atarnnthed or on account of the Property, and shell pay when due st aWna for wort daft on or for services
Lender undo Mill «4ape. eorrapt f« hero sIW nrbMain Ifs rhropenty In of aey per: }avkp Pfir «ptnial b qa ntmM Of
speaffictily
h a0med to in wrlang by Leader, and e0mepl for go Ion of toes orb gaaesrrnaflb not
due a Wier specified In the NOW to Contest pere
Fl
Pay. so longas In the ight Lenders kteros d payment of any tafn, aeaement, or eWm In connection with a good tam depute over the,oblpalon b
Ropey h nd Ieoperdted. If a bn anfees or b ,,%,d a a nesua of nonpaymenk Grantor mul within Minn
BK 1825PGO332
Exhibit "CIO
MORTGAGE
(Canunu" Paps Z
(15) days alter the 1!n blM or. I a Non Is fled, wMMn Often (16) days Mer Grantor has roles a gat Nrp, sane the d wtww of ne ton, or I
OMMW by L&War, d$POW wMh Lander call or a sulldant
te dbellarpw ft lien ^a any coals and atomeys' bee, or cow?charm te Novir go bond or cow s A to" adbfaelory to Lando In an a1rh01rM 10elw in
enY OerMeeR Grrnler bee auW Lw10w and sIW Baby w N + ba?o : wwcsrranl a SOnt or ? ?ft L
la
+orr &Wl
ma Landw as an Adiftnill CIMIS unar any surly bend hsnihed In Ill eonte11 praudkgs. Gra aunrta t of
Owd"m
Paw " 1 9&A olkW b adal brah to «? at aMdra a paynard of the Iarols or
aasaymanls and shell
Prapry, any ttne a wfftn sfabrnwri d go taus and easaaarowo agd I Ill
Notice of Conalrue- Grantor alai ooey landlr at Iwl Winn (18) days before any work Is commancad,
Or naMAaleW* OntMOtr ?ft ftcDr1Y. I any INSChO S IM matwkW*n's torn, or Millar tan 00W be asserted an aoSWVIM o *I ft w? o k??Npi.
ad of such Ngove anY request of LMWr furnish b Candor .dvaroe Assurances >a6hetorY to Lander that
Grantor can and we pay ft
°AOPOM DAMAGE UGL RANGE. The tic o" Ixovblon rdaeng to Insuring the Prepwty are a part of this Mortgage:
lbbtenm0e of blerrraees. Grantor shat Pam and maintain Pobtes Of Ike irviance with standard Mantled MWNP
hWur" oa d oYr? orthA with a aid ?G a ImPrwananb on MM RW Preprqin anamgN b oaanarlla 011.
form a may W 1MaaaWy 4081111111111 to Lender Grantor shhd a d LjAndw. MAP be -111en by
to a st1C11 kaval0a oornpa And Sinatra
Stipulation Mat era not bs 0010" or OlnkhWhtd wlglouf s minimal d Ian (10) days' prlw'nollob LArWIr amid real a pa
,,rap In favor Landw will not be Wipalred ? 04 such notice, Each Insurance poilcy tiro shat kt We an andonsmalq P wA*4 Mat
P10peoly be located In an &as any way the Fed" y any
Eerardorned? or d ManhaalgvA aMement n Orppa at any agar person, am" ties Rest
daagrabd by the Dkaclo of 1l wftn 46 days a A M by"
im by at a speda good haard one. Sne"
"'Onto"' oat he and arcs.to the U unPdd principal below a ft ban and y Lander Mat No Propwy Is beew in a
eP? Mood heard area. n sly prior ton on the property sW*V Ma WN ag b Ill
the e terum m of the ey I loan. mes $et under Ice the NNoni Flood Inlrarl0e Progrnrl. or as ofhsrwrip required by Lendr. And to Maintain such keusroe tar
ter
Appkdba of wrPi elaen Granter" W o oily ? Lender d any loss or damage to the Prop". Landes may Oaks proof of law I Grantor
nddn Ma proceeds ?• whdhw ornot Londeh eacurey k knpak*a lsndw ya- dm. laodvs and
llon 'c and of M R and W* 1M proceeds b 11* reduction of the Indsbbdnas, pw" d any %nn
the nabr
Mob to aPPy ft procaede to radoratioo and repair. G?ranlor shall nepatr 0 11* Plopely, or
afalrnspld or destroyed Improvsnarr yin a maraca e
or nipboa go
Uft%CtOry
cod of repa to I arld,r. Leader shat, Upon sabfaobry Woof Of such aeuperldblra; pay at
raknbuee Gran ter From ft prooaade toga rwordble
which have not been dbburted within 180 days der tlrak k or ndordon M Grantor Is not In ditM under ray Mortgage. Any proceeds and
wl' OW be used real to pay any amount ovring to Lwdw u? 81115 Itch Lander has not cOwdM d to the repair or nabnpor of ft Properly appled to the pdrlotpal balance of ft Indobbdrwa M Under holds ' Ian to pay accrued knl reek and the remainder, I sq. SMl be
be pdd b Grnltor ae Gremtoes Intatab may spppr. NY Proowedw aft payment in full Of gat Indebtedness. Such Proceeds etel
1FJ1MI EWDEXTLti . I Gnnlor lab (A) to keep tha Property tree d all taxes. ISM srwriy In%w,, ,
b Provide Shy nqulred kauanceon ita Propry, or (C) b rake repairs to tlhl may do? and other deMrw (0)
com 0 clan or 1114 Lander t
belle be appropriate hat Ws b to raprotect dar's I rhdet's bit the Pr , Inn Lander Grenbrs behalf may. W he not MM*o ltd le, Wad any Seem oceaft I, - is At at to rete chaSad wWw NO Nob from gat (1110 koernd ar paid by Landdrte the dab or odd by d Ubyelentor, All nder for well chrpaa will there beer InYrs apart WE ' d Mw bdMWfm ea and.11Lanur's opdm, wi (A) ba payable on demand; (8) be addid is lbs tbsla noe d Iha NOa and is . oft y
and bte *,I h any iraldnent Payments to become due during attar (1) Ire farm d anyapptiaabl0 kelrarn0e go, a VI= M ter (C) be treated as a balloon paymwd which wail bs due and payable 11 tie Nob% maprdy. The M PA Y-1 ayp ? sthe .-.MI60
th
eem pay aid lamn
Account d Any ese annauntsThe rights txe+Adad for In ft paragraph slrl be in Addition b arty over Ilghb or any nmedles l=1 rhdw may be mead on
have ds Any a mh action by LaWW 8111111 not be condrtwd ors cuing the default to as to bar Lwhder erom any rem that I otherwise
wc* 011111111111011 to Larder lor AN such arPan a shat swvlw to entry of any m wvw b UICK a migmamtedy
WARRAMyy; DFFBM OF TITLE. The blowing prml lon 's b ownership d the Prop" are a part Of oft Mortgage:
TMs. Ganlor warrants Mai: (¦) Grantor haft flood and marketable Ile of record lo NO ProPwy in 11010". lose and dear of All bra and
d.and io p?dfbtr, M4 9M rt IrIn Va with this won Orin wW ft k=mr= poloy. MN report, or Ian MN opinion Mued In
Nor
this I I WW to Leader. ortgsps, and (b) Grantor has Ire tut right Power, and aunodty to aaeub and dtlwr
? W? nton bthe PNPaph abew. Gnrhbr wwanb and will brow defend tit gee to gat Property apairrt the pers
IWU
Iha
ovard Mulpage, Grantor SW dvtend the Action of Ganials a g b corrwanad nor quafts GGrantorle We in or the inhered at Lander under this
snlNad b partidpW in Ina sperN& Grader may be the non" party y in such prolawuirhg, but Larder did be
Cam b be delvered, to LandeW0020ft and to be represented r such lrrhumenb p Lander main Pig eourael a Llndsfs own dud m. and Grantor we deliver. or
_ Leers. Y rsqued km ems 10 lme b perml such pwi dpaeon.
C00*11ince Grantor -a* that the
or dfrnrlnoae, and regulations of governmental alrihorllw ftp" and Grantor's use Of gat PrODry eomPlea well 101 extsMng applable laws,
SlrYlval of Fraedeae. N pronreee, agnartanb, and statements Grantor has made In the Mortgage stet swvM the OwLftn and ddvwy of
tat Mortgage, alai be continuing in nature and slut remain M U form and vflscl WM such tin u Grantors Indebtedness Is paid in U.
COODEMMATION. The ft "Wing Proolston alaing b condemnation proceedings an a part a ft Mortgage:
sit any prOceeotng M aondanntoo k Seat. Grantor sthaN Promptly may Lwdr In wderg, and Grantor shat promptly lake such
rheoaawy for defend IM scion cad abbb gat awed. Grantor meY to IIe rwmhlnd prly In such proosa ft. but Lander slat be
denered b lwderbtuchha umdieragib and doeu ma t» by ootxeN of No own choke. and Grantor will driver or aura to
Y quested by Larder kom era to Om e to permit such pwtidpalon.
APptiagerr o1 Met Proeeede If all a any pet d ghe Ropriy ts condemned by smlant dwWn proceedings or by any proceeding or purchase
In Nu d oandwrraeon, t ender caY d lls elaelon aghdrl gal d or arty pOreon d to reef praaede of ft award be applied to No Indebtedness
or ghe repak Or rpbratlOn d ftne Property. TM net proceeds d tha award shat mean fit sward after payment of At actnel coati. arhpenuws. and
atfar?aye' sea Incurred by Under In oonrhedbn win hire condemnation.
IMPOSITION OF TAXES. FEES AND CHARGES By GOVERMMENTAL AUTHWIT1ES. The blowing provision relating to governmental twom fep
and charges ass a phi of Oft Mortgage:
Cur11 Tares, Falls and Chrem Upon request by Landes. Grantor shat araculs such documents in addition b this Mortgage and tske
*h@b wr other action Is requa11ed by LW%* b; for and continue Lsndels Men on the R@W Property. Grantor SW rdmbusa Lander for AN
MAs disorlbed below. together ASK d n 11amps. an with ? Incurred
rom d in cr r"lwrigftlrp or oorSnWng this Mortgage. lndusnp without lnuaeon all
recardkp or nplaMring guts MaApapO. the IML Thed aeound co nstitute Was to ~ Mire section apple: (1) a speate tax upon this type d MOrlgapa or upon all or any part d
DWI (2) a 0115001110 tun on Grantor which Grantor Is authwhad or required to deduct trg m pay, 0 on
I Imueblldnen secured by this type of Mortpape; (3) a tax on gds IYPe Of Morlpape dargeNre against the Lander or Ma holder of Me Nob;
and (4) a specOo lox on AS or any porla of Iha khdebbdnpe or on payments d principal and him" made by Granby.
eel Applies, is waded to the We d this
Subm@qmd Tuft If any tax to which 86 an E1rwd Deatdt, and Lander ft may a9dim
Mortgage. ft woad shat have ft same
amoral of NO W1111111611 remwles for an Eva t of Debul as provided below unless Grantor
dMr (1) pays gat lox bNOre it becorthN CIONISCIUSK
Lander oaah or a suffidsnl corporate sung bond or dyr soCO?ts the tax to prodded above in the Taxes and Usna laclon and dapoft with
aeorrlly eetlataclory to Lerhdar.
Mortgage; At1?laNT; FINANGMG 8TATEMEili3. The fokwkV Provlsl0ns n1aWg to this Marpage as a security agreement are a put of
nb
SGPJ* Mortgage:
haLd This Instrument nt shat corhe Una Slourtly moor rciAl eat a the extent Any a gat cOft Use Iart rp. and Lender shell
party hxhder Mss Uneorm CommercW Code wE a Property mended kom i me to time.
9eeuAty Interval. Upon request by Lender. Grantor shit Wo Acuk financing statement, and take whatever other action is requested by Lander to
B1( 1825PG0333
MORTGAGE
(Continued) Pop 3
0 loss and cantkefa LandI t cu** termalb le Penafel Prop". In addition b ewsadrhR Rib Mor?ppa h Re meal peaPerMMAd?.Under
mein. d area ties, rend WHO U*wbdor? fan Graelor, a Nmcubd courdrpnb, coon Or reproductions a mid 11, Igege m •y
steferwnt. Osanlor alW nbiburae Lando ford atpo si a Incurred h porie q or oainuYq Ute eathuly NtNM
not nmm caw or le Poll" Peopwly fan the Property. upon 666 Grattan titW seeennbta eery UParsonspondPapN4rMrRecolrsMsharseal
shod b
the P4apry in a aaerw and of t pboe remrrath convard" to auft and Lander and make R avdabfa b Lender within has (!) days alter,
remtpt al a No demand Rom Under b the OW psnra0 by applicable law.
W- Thbmaft-ddre--- gwted teleby MMIDW arty bo 4li bda f@ a n eked bby CafOAfde)era IM bkrmation oonoanlInO tin 11, Rduut
m sh?bd entieIrstpapa d f* it Matpspa,
RTT Mkt-tAM2L, ADo"M*AL AUnjORMATMM "a col MM povbkmu Wd% to krlhar &MWM% as WW additonal aulAOrislona we *001
Grantor will Maft nameubd as dslovaadd. to Ltndar of bMLr 10 *M die I- Ig I MWAd Of and WPM Under. vibd ed y Via' sonsaft t and dstMr, or w ones to be
rareoa 1 m ere area ngiim by Under. renter to be 60. re 1 -p p -1 ?A o such ,sled. or
do?Os of InA seeunNy dame , abe. d each Sales and In such - M, AM 0110911 M Leader MW aolaM It 'nandt riabmeib coravipn deals ' tnry and all such me?apa,
and either docfanerts m may. In Re sob opMen of Landis. be necessary or damfabb III RbuR ke uac of MaRhet aeneaaae. ealMloalaa,
pneaerve (1) Grantor's ob%done under tie !lob, rib l lrtpaga 401411111:1 - Oaareenb, and M Sea ? aaNay 1
by mid fnbWII@ m Od and prior Iona an tier Prapsely. whWw now awned a ? m nft acquYod by enamor. umn puoRbwtd by low or tender
In wfty. GreMw shd raknbuaa U dr fa d oat and eoapeiMe fleuxead In oarrMCtion wtih Iha matiaef raft join
this porattirsift
AddNk" AorwlnRena R Grantor felt b do Wry of the Mira Nbaed b In de Mod % paragraph, Lender may do so kx and in the name
d Granlr and atO wtors akmer a For such popoem. Grantor hereby havogby euMorbae Under to wake, arectft defMr, lie, noord am
do d shierminpe m may be necesiary or derMfbis, InLendN"s sob option, to aw mpeah ere nnsare referred to here
ts undNaM M diet ndfIng act kith harsh shall regtMe Lender to Mks any such adkna. P nO parepreph d
Full PlRFOINAM E. R Grantor pays d ft' sdeDlednusm when due, and oRiewhe plahe d No obapdone hpomd ,pram Grantor under this
M
ortpaoer Lander Wall execute and ddur b Grerdor a suitable srlideckn of this Morlplis and suleble alebmmub of lereir"M of any Notrickv
statement
reason abbcebrmSo 01, Londoft iin termination 11" 1 d tned by Lulder fomm 1k the ward On Persona property. Grantor erl pay. If permitted by aPptiable Ines, any
EVENTS OF OEPAULT. At Lender', oplim Grant will be In default under Nis Mw*pe r any of On following happen:
Paymwut Osbdl. Grantor falls to nab any payment when due under the Indebtedness.
Dolesil on Oler Pay" Failure of Grantor within the time required by mid MwIpaps to make any payment for tom or frsunnce, or any
crew pormer+t necessary to pnwnt ponce of at to sled dWWpe of any Nn.
lfnaek olrer Prenrleaa Grantor breaks any pnoniss made to Lander or falls to perform promptly at the firm and stkly In der marew provided in
this Mabape or In any aQnartent rebbd to this Moripepe.
Mu 211olionogals,
DOCKNINnig le n?aQ woktdon or Moment meta or furnished to Larder by Graantor or on Orators behalf under #6 Morfgape or the
Roldod
nsWeadn0 In any material respect, ether now or at to tine made or hornblsad.
to or any of le Palsied Documents ceases to be In U force and erred pndudhp fakirs of any colaleM
mwri y I I - or Non) at any time and for any reason.
=t=- ie death d Grertor. the insolvency W Grantor, the appoRtnkaN of a reoalvsr ter any port of Orators property. any
1 by aIPM Grantorof F On . ?needduolaedllorwWWA lh of arri Grantor wi nottbbe an Event of aWlow If?as a n?wl t the dssRk of Grantor the
Indebledreaa Is ksly covered by anti go kmuancL
T&Mft at has a IwL This 10 Ploponly. Any creditor or OwAinu enW agency Was to Ww any of the Property or ay otter of Grantors property in which Under
tie claim on which tie s taft Wi of othe f, Properly ? or W* valid an Grrunbrs accounle whin Lender. Howevr, R Grantor disputes In Rood him whales
Le der with mar I a a surely bond saNolool ry b tender b reasonable, and N Grantor ulgives l Lamar ill rely, at the cam and herntshss
ad* No claim, then Ric debut provision will not not apply.
within stv Waft POW Pm%4ftd Marvin. Graanta WNW ti of any other mWasmeM between Grants and Lander that Is not needed
lender, whMPer soldrip now or Intr. aunt aama rag any Indeblednem or oiler ablgdan d Grantor b
EVwNs Afbe ft Ouarartbr. Any of to pnece ft ,verb occurs with respect to any Guarantor. adorser, suety, or actor moddon porly of any
of the Indebtedness or any gissrenbr, endorser. away. or accommodation party dies or becomes IneompebM, or loveless or dkp*s the vddty
m
, or dotty under. any Guaranty of Re Indabbdnma. In la event of a death. Lander, st 4 option, may. but shd not be ragulred to permit the
QUO'nodo's estate to
any Ewrd of Debt mum unconditionally the oblGadons arbinp under the guaranty in a manner adebetory to Lender. and, in ddnp s0. our
RIgM b Cum r such a (slure is cuabb and r Grantor has not been given a notice of a breach of the same Provision of this Mw*pe within the
Peraceding M" (12) moms, it n ry be cured (and no Event of Dsfaua we have occurred) R Grantor. OW Lender sods written notice
demanding owe of such fakers: (a) Duna tie fatiure whin Mean (15) dam or (b) N de cure requires more than Moen (15) days, ImmedklMy
hedge abps sAdW to a" the failure and t ersaft r oortnuess and complefse all reasonable and necessary steps suffloW to produce
compliance a coon a naonabiy practical.
RIGHTS AND RU MM ON DEFAULT. Upon the wont" of an Evert of Default and at any time thersafler. Lender, at Unders option, may
warthe any ore or mom of the followIng dohb and rerradas, In addition to any odor nights or remedies provided by kw:
Accalwela InOebledn"L Larder shall have the right at Its option, after gMng such nolkss as required by applicable law, to declare the otke
Indebtedness InwnedtlMy due and payable.
UOC RwsmdIaL With respect to all or any pat of ft Personal Property. Under shall have as the rights and remedies of a secured party under
the 11n e, Commercial Code.
Cased RK4L Lrdr shat have the dght, wMW notice to Grantor, to take prwsdon of the Property and called its Paris, Incluft amount
pact due and unpaid, and apply the net proceeds, avr end above Under"s cook aWkW du Indsblednew In furtherance of 06 dghi, Later
may require any bent or other user of On Properly to male perverts of rot or ues loss dlreely to Lo dr. N the Rents are ooNebd by LwxW.
then Grants Irrevocably adhorlnae Lender to endorse Instruments received In payment dareof In do rams of Grantor and to negotiate the same
and coed the proosade. Payments by bn w* or other users to Under In response to Undars demand meal sdsfy the obligations for which the
payments am made, whether or not any proper Wounds for the demand srda , Under may seardse Its rlphb under this subparagraph either In
person, by agert, or through a rec k-
Appoint Recolver. Lander shell hevs ft dpld to haw a nee" appointed to take possession or as or any part of the Property, with ere power to
prolool and preserve me Properly. to epwab No Property preee ft foreclosure or nab, and to paled No plants from the Property end apply de
Proceeds, over and above the cost of ere receivership. against t ho Indebtedness. The naives may serves wA1houl band N po miled by law.
Landa's right to der appointment of a recover Mil a N whether or not the appeard value of ft Property =ooods the Mdsbtedmu by a
substariW amount. Employment by Lander stet not disqualify a person from sw ft as a receiver.
JMM Foreclosure. Under may obtain a AKW dares foreclosing Gwlw% I I - In d or any pad of the Properly.
Now* kW Sale. N permitted by applicable low, Under may forscbes Grantors Interest Ind or in any part of the Person Property or the Rest
Properly by norHudlcW sale.
amounts yleoelve h JudgmeriL of See a Judgment for any deftlancy rwrak ft in the indebbdnsss due to Lender after Application of All
006 provided In irk section.
Torwtay at S wance. r Grantor remake in possession of the Proprty Mar No Property M sold as provided above or tender oderwtss
becomes entihd to posseadon of the Prmpaly upon debult of Grantor. Grantor shot become a lerent at suffarenos oft ender or the Purchaser
of the Properly and shall, at Lender's cp5w4 War (1) pay a reasonable ranW for the use of the Property, of (2) vacete Na Properly
Immediately upon tie demand of Lander.
--BK 1-825PG0334
MORTGAGE
(CoMinwq pop 4
Otw Rtes lee. Lender shd tin d OMr righte and ramsda provided in tie
$ale at ft "C"dr. To to a den Ma4ate or the Nola or avsYDle at law or in egwty. F Nil" appicsibis low.
WM=Wq a AIMS and rernadya Lander SW bye d erGrarior ? waih9 any and d right b Nava the Properly merahdb& in
Sala Lander etnl be antted to bid at arty pub/0 ate an a1 or err Part d the Napenrty bpetlar or saperolsly, in am ale or by separate
Noun. d Isle. Lander win am Oaton d to Properll.
which eny Prluale ale or Q WW
dedPMaw and t7No? of any cubic sets d the Persaw liapeny a a th. tYn. Mar
rdssorable nr ro nwn notes ohm at bar lee vo) Mere bdors Wely Is to dit satla?dbpo Ma ,albiry Wei oI the Pus?aul"P0,"bU lour'.
be media In with any stile d the MN Property. Properly may
aheoa any one amady will
not p Lander ? &W des will be any ?am? aid May, bbe arandad alone or btatnr. An gloom by Leerier b
and MAPS" Und this 1 S MW Granlor% hilts to do so, that d?idNOn by Lender will not ~ Lan ier's qm to dsokm in duA
AI*OW Po; bperaM, It Lander Institutes any sus a actor b aeoft any of the Bran d Wb Morlpago. Larer
such am a M court may adpopa reaaoble a aloners' tees d bW and uponagr q*oaL Whuder or not 41 d dug be settled to decpuer
b M satin sat WANOwnsirit of ousel raeeanobta ape11M Larder Inatas tat N Lartdeye agnon sees naoaaar dd r? M ? of
w' Of the rlphte anti laaoruns s part of ft Indebtedness
P"able, an and SM Worn the dab d M epe ndlbmrgutyt rapetd. tier *gn era dovaed by this paragraph I hen? lod l d M Isola eN
banrntpbtr pr KN told aNorbandfo , w1hMw or not tore is a kwaut, k*u*q after ' lns ON sow&I* under
n" fur Land" bW ONSCIIIuck* modh or now any submsito sky or it fwhotonj WPG@k and cold at sawcwq CIAW" we "a MMOKANXII kaau* M ehaMide d psm Xbd by aPpk" tow. omnbr oo l? cools wearies bait ape reports, &W "*kd
came era-W and
w d*MPr&Aded by 41*k wUftabte law, any 1101110111 agtlred b to 0~ under tide 00 be
Ow in WA and slat be
vecoWftd 0~ eoetved by telatenbNa (wins WWwb@ vd by 1
, Ow with a rytonaly
the addtusoessfuewn nai1Mor. tM4 when deposited in ft United Stela sat, as teal o
to
boaddrap of this Mabape, to caplet d an or
Maipp d d braisnw kern tin holde r of dry be wihrpprtorMy' l Over t
shd be asst b Lendara adttea. a sham near M baynhbp d tie Mplphipa, Any pagan may deeps Ms or her =far noka
under tia U M
For "a notice, Oft bmal wrON nuke b M other potion or paeans, spusallill Met the purpaoe d M mica le b
Purposes, Grantor agree b keep Lender kdamed of e1 Imes of Grarior's ouent addeaa. Unless PH the pmW provided by
law,Por1sbslytwo teb wta mothe re onthharsonodIf Grasnnotby,esanyfrorhmoeLerhderce pl by Lander b any Grantor Is doomed b bs 1101100 Given to all Grantors, it wet be
ns.um
MISCp1ANIWA PROVWK*A. The tolowlng miece lansax provision are a put d lhte Mabops:
Ansoodanals. MM&W by this What ais To I be 01111190 ON t M drdd In the Is Grardols entire apreament with Lender oonpmnp ft matters
bound «abpatad by to danpe or amendment. Matpape must In writing and ryast be alpred by whower will be
Caption lteatLgs. Caption headkw In Mira Martgepe we for oonverhlenm purposes only and are not to be used to Interpret at delin. Me
provisions d tie mortme,
No W a l v a by Urudsr. Grantor undsrslende Lender why red pre up any of L ondeft ripple under, elite Morw o unless Lander does so in wftq.
The led the Lander delays or om1la to sorties any slob will not moan that larder No qWan p that right, It Lander does opres In wrono to on r9qjWI up on of Landers riglie, that dada not man Grantor will noad mom lhd Grantor t have to am Io, one ft with the Omer provtalae mQueek of this - me I'm
eppe n? @OAKOWGran tor to dnmr undervia n cis M lug b ause L&Ww corwnts ?na of Oflu toes °that does ?pg- n r
mean Lender
w3 be required to canon to any of Grantors fuhae requada. Grareor waives gwerrimo% demand for pay"Wo. roI and onotke d dishonor,
SownbMty. It a court li nds that any provtebn of 1hle Mw*pe Is net valid or should dot b o erlorcod, that led by !tallwa not man tat M rest
MderIcage
nay be ffooundd a be Invaloreinlor d uuenlorm adurst wa ankrrm the set d the proNebns d tie MoApspe even M a prsNsion d tic
Matar. Trwa 00 be no marpar of to Interest or able created by Chia Maripape with any otar interest or setata in it* Property at any ems
hold by or for M bw*R Of Lander M any eapsely, without the written owwnt of Lender.
Succeeesr kdwoOL The terms of this Mortgage shsl be Wndnp upon Graefor. and upon Granors Mks. Personal oPressrAdves, successom
and aalgn, and shat be erloneable by Lander and 1s successors and ankne.
Time Is of M Esunm. Time Is *(the essence In the perbnnsnce or this Merlpaw
DEFINITIONS. The blowbhp words and have the following maa*gs when used In this Morlpaom
eomewer. The word'9Cm~ means LUTFER R PALMER and includes all w4Wws and co-metdaa sbryrp qn NotL
Erartrennrarlet Laws. The words "Emkorrneteal Uwe mean any and all dd4, ledaet and bow detue", reg istim and ordnnow mono to
the protection of human bodtu or the onvkomnent. Mhdudinp wil hod k iladon to Compishonsta Emeommnsnlel
LR-epgo iability Act of tilt!. as amended. 42 U.S.C. Section Mi. N seq. (WkCLA'j the Superhund Anondmwils and Reaut Act of L No. I104W ('SARA', tin Hesardots Materials Truuporwon Ad. 49 U.S.C. Sectim 1001, at seq.. M Reamcg Caeahaton and Recovery
Act, 42 U.S.C. Secton 0901. of seq.. Or Other appleabte stele Or lederal bows, hulas, or legulekns adopled pursuant thoato
Evart of DeeWt. The words "Event of Dahull" mean any of the ~Is Of debult set berth In this Mortgage In the swans Of dMau1 section Of tiro
Mortgage.
Grantor. The word "Grantor" means LUTHER R PALMER.
Guaranty. The word 'Quarany means the gtwardy from gusrantor, endorser. suety. or accommodation party to lender. Including without
Imitation a penny of air or part of the Note.
l4mardous Substances. The words "Hazardous Substances" man materials tat, bemuse of thhwr quantity, concentration or physical. cMmial
or hiecdous characteristics. may Cause or piss a present or pabnlat humid to human heaft or the errvbormnrn when stored. disposed of. generated, rranulacued, transported or otherwise handed. The woe liasardous Subsbu s Irnp a usesed?t awry Include
wMxM br
Environ. oademerasi Uwe The term 'NaardousM any and alit' hazardous or toxic, substances, materiels or waste a A Ik by «ited under the
thered and asbestos. lrtiletCa petroleum and pet0lstum by-prodpgs or any kaetlon
Improvements. The word 9mprovernenb• mans as w6ft ad NMe b?
? Oa, structure mob9a noshes asbred on the Real
Property. cities, additions, replacements and other 0arskucbbn r.1 M PAW Fleporly.
Indebtedness. The word'IndebWdraa• mesna all principal, Intend, and other amotmb, oasis and spesas payable wrier to Nets or Related
Documente, together with all raewae of. adenslona of, modikascre d. oaeol0atons of and substitutions for to !tole or Rslaled Docurmwft
and any ama+nsunder vVerWed or aftuxed by Lender to discharge Grantors pblpalore or expenses kourred by Under to ardor, Grantors
obligations ft MoNWg•. together with Interval on such amounts as proMded In Oft Mortgage. e
Lander. The word'Lendse means ORRSTOWN BANK, ft succusae and adons. The words `successors or assigns' man arty J
company that acquires any Internal In the Note. 0
10 &
MoApage. The word'MorIpW means this Mortgage batmn Grantor and Lander. ?4?
NOW The word Tide" mean to Promissory note doled July 18, 200;8, In 9w of,p?inclpai aliWUnt of $21j=A0 tam Grantor
to Under. top Cher with as rsrewae of. Widenslorn d. f1 9:11c 1--- d. Minencip MnaosdatIc n d, and subaRWae for the pranlesory nob
or acraerMnL The maturty dale of this Merino" Is July 18, 2019.
Paaomet Property. The words 'Personal Properly' mean se equlpmera, 4duaoi6 and oBw artees of personal property now or hereafter owned
by Grantor. and now at hwatar attached or Wind to M Red Properyt together w1h d acennbra. Part, and add ton to. 4111 rsplecsmerhle d.
and all subsNUlan for, any d such property; and together With d pmoesds (I dluding without limitation all Imtaana
Proceeds and refunds of
prom iurm) from any ale or other disposition of the Property.
Property. The word "Properly' means oolealvoly tore Row Properly and the Personal Property.
'?' K 1v s CG oWs
MORTGAGE
(ConUnu*Q pop 6
Re8 P1epMtr. Ths words 4iaa1 PnlipOtY awn fAe n8 PropOIY. hl0esk and i1pAk. as taYrr dsst?ad h Ws Mar1?a0e.
RNMed b. gtlw Me, Ths wads 1isWd Dcammtk' mean d W**Wy now,, anal s{/ssmsnk, ban spsOltnw, allWoramN
y deWAvww6. Dpi ik mal mM d" 01 twR aaaalllr daada, aoUkad malpapu, and d allw bdmftnk,
0dtdtip, srculed In oonnedon w% Mte ttdebbdnma
Renw. The wad ' means d pnl0s
PropeAy. an d "n nnls. monws, hooms, keuss, nyalMw, pn7Ns, and olhr bsne? dOMd tom free
GRAIROR ACK1gwLODM HAVING READ ALL TIE Immovi I m OP THIS MORTGAGE, AND GRANTOR AGRm TO IT! Tg=L
TM= MORTGAGE 'a QMW UMM WEAL NO IT 15 METE 9= THAT TMfi MORTGAGE IS AND SULL CMMTITIJR AND HAYS THE EFFECT
OF A SSAIM INNTf1tSMorr ACcorA O TO LAW.
CERTIFICATE 'OF RESIDENCE
I hereby CWW, OW sle pndn address of Mts mate W, ORRSTOWN DAM. 1086 IS as ftlwW
NANOM STREET OFFICE, PO 9M No, SfPPpElMiQ PA 17M I Anna,
t1Emq aApnt ra
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PMNNSWAIM
)83
COIAITY OF l _.f [M(/1I i t Gila y
On ft the dry d b l /?-
Ihe abrsrp Mc. P tah sppww LtiTl6t RsP •o?f'
II I woonWttdidn p0son whose name k sublcbed w fete wlw Instu= and OAcnowlsdpsd that he or go atllotAsd ft scale for ft plrpoew
In wnnpe whereof, l lwunito so aq hwA end eMdd see.
Notary Public In and for On Stale ,
fAyNbE?
fAetnoer,HI1+IInrwaAMa111MauatNfw"
t Certfry this to be recoric(i
In C?urnbcrlaJnd Coiln!v PA
BK 1825PGO336
0 DDSTOVff
BANK
A Traditioia of Excellence
December 28, 2009
Luther R. Palmer
408 N. West Street
Carlisle, Pa. 17013
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 mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save Your home.
This Notice explains how the pro-gram works.
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
Exhibit "D"
P.O. Box 250 • Shippensburb, PA 17257 • 717.530.3530 • 717.532.4143 fax
The _name, address and phone number of Consumer Credit Counseling Agencies
LA NOTIFICACION EN ADJUNTO ES DE SOMA 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 COAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Luther R. Palmer
PROPERTY ADDRESS: 408 N. West Street
Carlisle. Pa. 17013
LOAN ACCT. NO.: 180031111
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDER/SERVICER:ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
BE
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 ( plus three (3)
days for mailing). 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 (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the property is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default). 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. To temporarily stop the lender from filing a foreclosure
action, your application MUST be forwarded to PHFA and received within thirty (30) days of your
face-to-face meeting with the counseling agency.
YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS
NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN
THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE
AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED
"TEMPORARILY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS.
A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE
ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A
SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 408 N. West Street, Carlisle. Pa. 17013 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: October 18th--$ 187.59, November 18?'--$ 195.72 and
December 18th--$195.72.
Other charges (explain/itemize): LATE CHARGES--$ 5.00
TOTAL AMOUNT PAST DUE: 584.03
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$ 584.03 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check,
certified check or money order made payable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
2695 PHILADELPHIA AVE.
CHAMBERSBURG, PA. 17201
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter: N/A
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 mortuage debt.
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right
to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may
do sob a in the total amount then a due plus an late or other char es then due reasonable
attomey's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriffs Sale as specified in writing by the lender and by performing any other requirements under
the mortgage. Curing your default In the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Orrstown Bank
Address: P.O. Box 250. 77 East Kinsa Street
Shippensbura, PA 17257
Phone Number: (717) 709-3029
Fax Number: (717) 709-3091
Contact Person: Betsy J. Smith -?
E-Mail Address: bsmith@orrstown.com.
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
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 or X 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
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(888) 511-2227
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, Pa. 17110
717-232-2207
Marantha
31 West 3`d Street
Waynesboro, PA 17268
(717) 762-3285
Base, Inc.
447 South Prince Street
Lancaster, Pa. 17603
(717)-392-5467
Opportunity Inc.
301 East Market Street
York, Pa. 17403
(717)-424-3645
PHFA
211 North Front Street
Harrisburg, Pa. 17110
(717) 780-3940 or 800-342-2397
Adams County Interfaith Housing Authority
40 E. High Street
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western Pa.
Colonial Shopping Center
970 S. George Street
York, Pa. 17403
(888)-511-2227
American Red Cross-Hanover Chapter
529 Carlisle Street
Hanover, Pa. 17331
(717) 637-3768
CCCS of Northeastern Pa.
202 W. Hamilton Avenue
State College, Pa. 16801
(814) 238-3668 or 800-922-9537
Housing Alliance of York
35 South Duke Street
York, Pa. 17401
(717)-854-1541
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. This verification is signed by David A. Baric,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as
documents reviewed by the undersigned as attorney for Plaintiff. This verification will be
substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said verification. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unsworn falsifications to authorities.
David A. Baric, Esquire
Dated:
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257 :
Plaintiff
NO. 2010- 977 CIVIL TERN /b n
v. -- n
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: -n if, -*? -+
LUTHER R. PALMER T f' 93 n M
MORTGAGE FORECLOSURE
115 COLLEGE DRIVE c-n
LAWRENCEVILLE, VA 23868 =y-r
Defendant C
r") M
-? Ln
X-
PRAECIPE
Please attach the following Verification to the Complaint filed in this matter on February
5, 2010.
Respectfully submitted,
Date: February 5, 2010
O'BRIEN, BARIC & HERER
David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. This verification is signed by David A. Baric,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as
documents reviewed by the undersigned as attorney for Plaintiff. This verification will be
substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said verification. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unsworn falsifications to authorities.
Dated: Q Q
David A. Baric, Esquire
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F1 LET- 011- F: -L
E
Sheriff („'
Jody S Smith ,„fr of FI fit
Chief Deputy 2010 FEB 2' 1 9: 33
Edward L Schorpp ,
Solicitor OF T ?.E F C,?'P s `
Orrstown
vs. Bank I Case Number
vs.
Luther R. Palmer 2010-977
SHERIFF'S RETURN OF SERVICE
02/08/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Luther R. Palmer.
02/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ
of Summons upon the within named defendant, Luther R. Palmer, in the following manner: On February
8, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within
Complaint and Notice to the defendant's last known address of 115 College Drive, Lawrenceville, VA
23868. The certified mail return receipt card was received by the Cumberland County Sheriffs Office as
"Not Deliverable as Addressed Unable to Forward."
SHERIFF COST: $40.00
February 22, 2010
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¦ Complete items 1, 2, and 3. Also complete k
item 4 if Restricted Delivery is desired.
¦ Print y ur name and address on the reverse
so that a can return the card to you.
¦ Attach is card to the back of the mailpiece,
or on t front if space permits.
by (Printed Name)
1. Article Addressed to: D. Is delivery address c!fferent from ite
If YES, enter delivery address below
Luther R. Palmer
115 College Drive
Lawrenceville, VA 23868
` lent
13 Addressee
C. Date of Delivery
to _
m 1? ? Yes
? No
3. Service Type
• rtified Mail Express Mail
? Registered ? Return Receipt for Merchandise
2010_97 ? Insured Mail 7 C.O.D.
+. Restricted Delivery? (Extra Fee) ? yes
2. Article Number
(transfer from service label) 7004 1350 0003 7145 8909
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-977 CIVIL TERM
V.
LUTHER R. PALMER
115 COLLEGE DRIVE
LAWRENCEVILLE, VA 23868
Defendant
MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
N
1
J
V.J
Please reinstate the Complaint filed in the above matter on February 5, 2010.
Respectfully submitted,
Date: March 10, 2010
BC SCHE R
b 61 )/11
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
? I D . oo PD P,-Tw
er-it I sqq 1
P,T#a387o7
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
?a?ttp of ?u+ub€r{,???6
O
OFFICE OF TrE r-EMFF
f)P I I- n? i i.., (CE
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
14
Orrstown Bank
vs.
Luther R. Palmer
Case Number
2010-977
SHERIFF'S RETURN OF SERVICE
03/11/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint in Mortgage Foreclosure by certified
mail, return receipt requested to Luther R. Palmer.
03/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within
Complaint in Mortgage Foreclosure upon the within named defendant, Luther R. Palmer, in the following
manner: On March 11, 2010 the Sheriff mailed by certified mail, return receipt requested a true and
correct copy of the within Complaint in Mortgage Foreclosure to the defendant's last known address of
P.O. BOX 3138, Ruston, LA 71270. The certified mail return receipt card was returned to the Cumberland
County Sheriffs Office by the United States Postal Service as "Not deliverable as addressed, Unable to
forward".
SHERIFF COST: $35.10
March 22, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
fcj CouniySuite Shel:fl Tekoosoft_ Inc.
i
V
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
NO. 2010-977 CIVIL TERM
V.
LUTHER R. PALMER MORTGAGE FORECLOSURE
115 COLLEGE DRIVE
LAWRENCEVILLE, VA 23868 r
Defendant ccnF" u z
PRAECIPE TO DISCONTINUE z6 :
C4
--� >
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as discontinued without prejudice.
Respectfully submitted,
BARIC SCHERER LLC
1
David A. Baric, Esquire
I.D. #44853
Date: September 4, 2013 19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
i
CERTIFICATE OF SERVICE
I hereby certify that on September 4, 2013, I, David A. Baric, Esquire of Baric Scherer
LLC, did serve a copy of the Praecipe To Discontinue,by first class U.S. mail,postage prepaid,
to the party listed below, as follows:
Luther R. Palmer
115 College Drive
Lawrenceville, Virginia 23868
David A. Baric, Esquire