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ORRSTOWN BANK,
Plaintiff
V.
ROBERT M. DIODATO and
KELLIE L. DIODATO,
Defendants
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. MORTGAGE FORECLOSURE
NOTICE TO DEFEND
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and notice are served by entering a written appearance personally or by 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 mono
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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
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Markian R. Slobodian, Esq.
I.D. #41075
801 North Second Street
Harrisburg, PA 17102
717/232-5180
Dated: to 1 1 'Fitz)
Counsel for Orrstown Bank
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ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO.
ROBERT M. DIODATO and : MORTGAGE FORECLOSURE
KELLIE L. DIODATO,
Defendants
COMPLAINT
NOW COMES, Plaintiff, Orrstown Bank ("Orrstown "), by its counsel, The Law Offices of
Markian R. Slobodian, and files the following Complaint In Mortgage Foreclosure against
Defendants, Robert M. Diodato and Kellie L. Diodato (the "Diodatos"):
1. Plaintiff, Orrstown, is a banking institution, having a principal office at 77 East King
Street, Shippensburg, Pennsylvania 17257.
2. Defendants are adult individual residing at 205 West Yellow Breaches Road, Carlisle,
Cumberland County, Pennsylvania 17013-9466.
3. On or about January 2, 2007, in connection with a certain loan to the Diodatos by
Orrstown, the Diodatos made, executed, and delivered to Orrstown a certain Credit Agreement
and Disclosure Note (the "Note") in the initial amount of Fifty Thousand Dollars and 00/100
($50,000.00), payable to Orrstown with interest at a variable rate equal to the Wall Street Prime
plus a margin of .25% plus a specified percentage of the Diodatos' outstanding balance, with
payments due on the 11' day of each month commencing February 11, 2007, and with the balance
due and payable upon termination of the credit line account. A true and correct copy of the Note
is attached hereto and incorporated herein as Exhibit "A".
4. As security for the Diodatos' obligation under the Note, on or about January 2, 2007,
the Diadatos made, executed, and delivered to Orrstown a mortgage (the "Mortgage") granting to
Orrstown a first lien on the Diodatos' real property located at 205 West Yellow Breeches Road,
Carlisle, Cumberland County, PA 17013, which real property is more fully described in the
Mortgage. A true and correct copy of the Mortgage is attached hereto and made a part hereof as
Exhibit "B"
5. The Mortgage was duly recorded on January 16, 2007 by the Recorder of Deeds of
Perry County, Pennsylvania in Record Book 1979, Page 2410.
6. The Mortgage is second in priority to a first mortgage in favor of Orrstown having a
current balance of approximately Forty Thousand Four Hundred Forty Five Dollars and 00/ 100
($40,445.00).
7. The Diodatos defaulted on their obligations under the terms of the Note by failing to
make monthly payments when due.
8. On June 18, 2010, Orrstown mailed to each of the Diodatos a Notice of Homeowners'
Emergency Mortgage Assistance Act of 1983 in accordance with Pennsylvania Act 91 of 1983. A
true and correct copy of the Notice and proof of mailing is attached hereto and incorporated
herein as Exhibit "C".
9. The Diodatos have failed to contact Orrstown or a consumer credit counseling agency
as provided in the Act 91 Notices.
10. Orrstown has not received notice that the Diodatos have filed an application with the
Homeowners' Emergency Mortgage Assistance Program.
11. The Diodatos are liable to Orrstown for the entire amount due on the Note.
12. The following amounts are due on the Note:
2
a. Balance of principal (as of 10/1/10): $ 49,275.10
b. Interest at 3.5 % per annum through
10/1/10 ($4.67 per diem): $ 37.36
c. Late charges accrued through 10/1/10: $ 15.00
d. Satisfaction fee: $ 55.00
e. Attorneys' fees (as authorized by Note &
Mortgage): To Be Added
TOTAL as of October 1, 2010 $ 49,437.46*
*Plus attorneys' fees as authorized by the Note & Mortgage, plus interest at the contract rate of
3.5% per annum commencing 10/2/10.
WHEREFORE, Plaintiff, Orrstown Bank, demands judgment in mortgage foreclosure
against the Diodatos on the Note in the amount of $49,437.46, plus attorneys' fees, plus the
following amounts accruing starting October 2, 2010:
a. Interest at rate specified in the Note, 3.5% per annum, from October 2, 2010
until Defendants satisfy their judgment obligation; and,
b. Additional attorneys' fees hereinafter incurred, plus
costs of suit.
Dated: I 43k tYVCD
Respectfully submitted,
zA,1(,-
MARKIAN R. SLOBODIAN, ESQ.
I.D. #41075
801 North Second Street
Harrisburg, PA 17102
717/232-5180
Attorneys for Orrstown Bank
3
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities, I hereby certify that I am Assistant Vice-President of Orrstown Bank, that I am
authorized to verify this Complaint on its behalf and, further, that the facts set forth in the
foregoing Complaint are true and correct to the best yin a#ipn and belief.
Linda K. Mowen, Assistant
Orrstown Bank
4
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EXHIBIT "A"
CREDIT AGREEMENT AND DISCLOSURE
n
References in the shaded area are for our use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "•" has been omitted due to text length limitations.
Borrower: Robert M Diodato (SSN: 204-48-3586) Lender: ORRSTOWN BANK
Kellis L Diodato (SSN: 184-48-8222) SILVER SPRING OFFICE
205 W Yellow Breeches Rd 77 EAST KING STREET
Carlisle, PA 17013 P O BOX 250
SHIPPENSBURG, PA 17257
CREDIT LIMIT: $50,000.00 DATE OF AGREEMENT: January 2, 2007
Introduction. This Credit Agreement and Disclosure ("Agreement") governs your line of credit (the "Credit Line" or the "Credit Line Account")
issued through ORRSTOWN BANK. In this Agreement, the words "Borrower," "you," "your," and "Applicant" mean each and every person who
signs this Agreement, including all Borrowers named above. The words "we," "us," "our," and "Lender" mean ORRSTOWN BANK. You agree
to the following terms and conditions:
Promise to Pay. You promise to pay ORRSTOWN BANK, or order, the total of all credit advances and FINANCE CHARGES, together with all
costs and expenses for which you are responsible under this Agreement or under the "Mortgage" which secures your Credit Line. You will pay
your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this
Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any
Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit
advances, and to do all other things necessary to carry out the terms of this Agreement. We can release any Borrower from responsibility under
this Agreement, and the others will remain responsible.
Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until termination of your
Credit Line Account. All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and
payable upon termination. The draw period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by
us in the Commonwealth of Pennsylvania, following the expiration of the right to cancel, the perfection of the Mortgage, the receipt of all
required certificates of noncancellation, and the meeting of all of our other conditions and will continue as follows: indefinitely. You may obtain
credit advances during this period ("Draw Period").
Minimum Payment. Your "Regular Payment" will be based on a percentage of your outstanding balance plus all accrued FINANCE CHARGES as
shown below or $25.00, whichever is greater. Your payments will be due monthly.
Range of Balances
All Balances
Regular Payment Calculation
0.556% of your outstanding balance plus all accrued FINANCE
CHARGES
Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL
PERCENTAGE RATE may increase the amount of your Regular Payment. You agree to pay not less than the Minimum Payment on or before the
due date indicated on your periodic billing statement.
How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to
Finance Charges; then to unpaid principal; then to late charges and other charges; then to any voluntary credit life and disability insurance
premiums; and then to any amounts that exceed your Credit Limit.
Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other
instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received
at that address prior to 2:00 PM Eastern Standard Time on any business day will be credited to your Credit Line as of the date received. If we
receive payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to five (5)
days after receipt.
Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Fifty Thousand & 00/100 Dollars ($50,000.00), which
will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances subject to the section
below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount
of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You agree not to attempt, request, or
obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit Limit will not be increased should
you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line
Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances in excess of your Credit Limit will not be secured by
the Mortgage covering your principal dwelling.
Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement,
the Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing
insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at
our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These
costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal dwelling. If you do not pay
your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit
advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit
advances referred to in this paragraph.
Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows:
Credit Line Checks. Writing a preprinted "Credit Line Check" that we will supply to you.
Telephone Request. Requesting a credit advance from your Credit Line to be applied to your designated account by telephone. Except for
transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you
acknowledge and you agree that we do not accept responsibility for the authenticity of telephone instructions and that we will not be liable
for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting
upon such instructions believed to be genuine.
Overdrafts. Writing a check on your designated checking account with us in excess of the available collected balance in the account.
CREDIT AGREEMENT AND DISCLOSURE
Loan No: 223940 (Continued) Page 2
Requests in Person. Requesting a credit advance in person at any of our authorized locations.
Other Methods. Internet Banking.
If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one
Borrower telling us not to give advances to the other.
Limitations on the Use of Checks. We reserve the right not to honor Credit Line Checks in the following circumstances:
Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Credit Line Check.
Post-dated Checks. Your Credit Line Check is post-dated. If a post-dated Credit Line Check is paid and as a result any other check is
returned or not paid, we are not responsible.
Stolen Checks. Your Credit Line Checks have been reported lost or stolen.
Unauthorized Signatures. Your Credit Line Check is not signed by an "Authorized Signer" as defined below.
Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the
Credit Line Check.
Transaction Violation. Your Credit Line Check is less than the minimum amount required by this Agreement or you are in violation of any
other transaction requirement or would be if we paid the Credit Line Check.
If we pay any Credit Line Check under these conditions, you must repay us, subject to applicable laws, for the amount of the Credit Line Check.
The Credit Line Check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a
check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not
to return Credit Line Checks along with your periodic billing statements; however, your use of each Credit Line Check will be reflected on your
periodic statement as a credit advance. We do not "certify" Credit Line Checks drawn on your Credit Line.
Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line:
Credit Line Credit Line Check Limitations. The following transaction limitations will apply to your Credit Line and the writing of Credit Line
Checks.
Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10.
Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00. This
means any Credit Line Check must be written for at least the minimum advance amount.
Telephone Request Limitations. The following transaction limitations will apply to your Credit Line and requesting an advance by telephone.
Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10.
Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $ 100.00.
Overdraft Limitations. The following transaction limitations will apply to your Credit Line and writing a check in excess of your checking
account balance.
Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 20.
Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $50.00.
Other Transaction Requirements. If the credit line balance is less than $50.00, and the overdraft is less than $50.00, the amount of
the overdraft will be taken.
In Person Request Limitations. The following transaction limitations will apply to your Credit Line and requesting an advance in person.
Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10.
Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $ 100.00.
Other Methods Limitations. The following transaction limitations will apply to your Credit Line and accessing by other methods.
Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10.
Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00.
Authorized Signers. The words "Authorized Signer" on Credit Line Checks as used in this Agreement mean and include each person who (a)
signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card for the Credit
Line Account.
Lost Credit Line Checks. If you lose your Credit Line Checks or if someone is using them without your permission, you agree to let us know
immediately. The fastest way to notify us is by calling us at (717) 532-6114. You also can notify us at our address shown at the beginning of
this Agreement.
Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices)
which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is
voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions
of this Agreement will govern any transactions made pursuant to any of these new services.
Collateral. You acknowledge this Agreement is secured by the following collateral described in the security instrument listed herein: an
Open-End Mortgage dated January 2, 2007, to us on real property located in Cumberland County, Commonwealth of Pennsylvania.
Property Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain
property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance
required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for
reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain
insurance as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any
other remedies available to us, or do any one or more of these things. Further information concerning these property insurance requirements is
set forth in the Mortgage.
Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings,
or some other account), including without limitation, all accounts you may open in the future. However, this does not include any IRA or Keogh
accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent permitted by applicable law, to
CREDIT AGREEMENT AND DISCLOSURE
Loan No: 223940 (Continued) Page 3
charge or setoff all sums owing on this Agreement against any and all such accounts, and, at our option, to administratively freeze all such
accounts to allow us to protect our charge and setoff rights provided in this paragraph.
Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic
statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your
"Previous Balance," and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period
and the date it is due.
When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the
date credit advances are posted to your Credit Line. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your
Credit Line credit advances.
Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all
credit advances made under your Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To
get the average daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any
payments or credits and any unpaid FINANCE CHARGES. This gives us a daily balance. Then, we add up all the daily balances for the billing
cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance.
Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance
described herein. Then we multiply by the number of days in the billing cycle. This is your FINANCE CHARGE calculated by applying a Periodic
Rate.
Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL
PERCENTAGE RATE as follows. We start with an independent index which is the Wall Street Prime (the "Index"). We will use the most recent
Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged
by us on our loans. If the Index becomes unavailable during the term of this Credit Line Account, we may designate a substitute index after
notice to you. To determine the Periodic Rate that will apply to your account, we add a margin to the value of the Index, round that sum up to
the nearest 0.125%, then divide the rounded value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we
multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE
RATE includes only interest and no other costs.
The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or
decreases from time to time. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in
the Index will take effect quarterly. In no event will the corresponding ANNUAL PERCENTAGE RATE be more than the lesser of 18.000% or the
maximum rate allowed by applicable law. Today the Index is 8.250% per annum, and therefore the initial Periodic Rate and the corresponding
ANNUAL PERCENTAGE RATE on your Credit Line are as stated below:
Current Rates for the First Payment Stream
Range of Balance Margin Added ANNUAL PERCENTAGE
or Conditions to Index RATE
Daily Periodic
Rate
All Balances 0.250% 8.500% 0.02329%
Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds, except as may be
permitted during any Right of Rescission period.
Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth
below:
Returned Items. You may be charged $20.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored
for any reason, unless applicable law requires a lower charge or prohibits any charge.
Fee to Stop Payment. Your Credit Line Account may be charged $23.00 when you request a stop payment on your account.
Fee for Excess Number of Transactions. Your Credit Line Account may be charged $10.00 if you exceed the maximum number of
transactions allowed per period.
Overlimit Charge. Your Credit Line Account may be charged $20.00 if you cause your Credit Line Account to go over your Credit Limit.
This includes writing a Credit Line Check in excess of your available balance.
Charge for Advance Less than Minimum. Your Credit Line Account may be charged $20.00 if you obtain a credit advance for less than the
minimum advance amount disclosed above, whether we decide to honor it or whether we refuse to honor it, unless applicable law requires
a lower charge or prohibits any charge.
Miscellaneous Photocopying. If you request a copy of any document, we may charge your Credit Line Account $2.00 Per copy for the time
it takes us to locate, copy, and mail the document to you. If your request is related to a billing error (see "Your Billing Rights" notice) and
an error is found, we will reverse any photocopying charges.
Late Charge. Your payment will be late if it is not received by us within 15 days after the "Payment Due Date" shown on your periodic
statement. If your payment is late we may charge you $2.50.
Credit Line Check Printing Charge. Your Credit Line Account may be charged $10.00 Per order.
Lender's Rights. Under this Agreement, we have the following rights
Termination and Acceleration. We can terminate your Credit Line. Account and require you to pay us the entire outstanding balance in one
payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any
time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or
any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (3) Your action or
inaction adversely-affects the collateral for the plan or our rights in the collateral. This can include, for example, failure to maintain required
insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale
of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of
funds or the dwelling for prohibited purposes.
Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your
Credit Limit during any period in which any of the following are in effect:
CREDIT AGREEMENT AND DISCLOSURE
Loan No: 223940 (Continued) Page 4
(1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This
includes, for example, a decline such that the initial difference between the Credit Limit and the available equity is reduced by fifty percent
and may include a smaller decline depending on the individual circumstances.
(2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material
change in your financial circumstances.
(3) You are in default under any material obligations of this Credit Line Account. We consider ail of your obligations to be material.
Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and
charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or
proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the property, obligations to notify us
and to provide documents or information to us (such as updated financial information), obligations to comply with applicable laws Isuch as
zoning restrictions), and obligations of any comaker. No default will occur until we mail or deliver a notice of default to you, so you can
restore your right to credit advances.
(4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement.
(5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is
less than one hundred twenty percent (120%) of the Credit Limit.
(6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice.
Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change
will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes
relating to our data processing systems). If the Index is no longer available, we will choose a new Index and margin. The new Index will
have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL
PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original index becomes unavailable. We may prohibit
additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under
your Credit Line Account is reached.
Collection Costs. We may hire or pay someone else to help collect this Agreement if you do not pay. You will pay us that amount. This
includes, subject to any limits under applicable law, our attorneys' fees and our 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, you also will pay any court costs, in addition to all other sums provided by law.
Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Credit Line Checks and any other
access devices. Any use of Credit Line Checks or other access devices following suspension or termination may be considered fraudulent.
You will also remain liable for any further use of Credit Line Checks or other Credit Line access devices not returned to us.
Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other
right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not
terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid.
Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all Credit Line Checks and
any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have
paid us all amounts due under this Agreement.
Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty, except we will be entitled to receive
all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum Payment will not relieve you of your obligation
to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send
us payments marked "paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of
our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning
disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount
owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to:
ORRSTOWN BANK, 77 EAST KING STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257.
Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us
written notice of a different address. You agree to advise us promptly if you change your mailing address.
Annual Review. You agree that you will provide us with a current financial statement, a new credit application, or both, annually, on forms
provided by us. Based upon this information we will conduct an annual review of your Credit Line Account. You also agree we may obtain
credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether there has
been an adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at any time,
including an internal inspection, at our sole option and expense. You authorize us to release information about you to third parties as described
in our privacy policy and our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law.
Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account and our
rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights under the Mortgage. Your rights under
this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal
representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other
obligation under this Agreement.
Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever
concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor
our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for
guidance on this subject.
Jury Waiver. We and you hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either us or you against
the other.
Overdraft Protection. You may obtain credit advances under your Credit Line by writing a check on your checking account(s)
with us in excess of the available collected balance in the account(s). .
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Interpretation. You agree that this Agreement, together with the Mortgage, is the best evidence of your agreements with us. If we go to court
for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to
CREDIT AGREEME10 AND DISCLOSURE
Loan No: 223940 (Contlnued)
Page 5
prove what you owe us or that a transaction has taken place. The co
the original. You agree that, except to the extent you can show there is micro a billi nr?9 Yomerror, yo or optical image will have the same validity as
evidence of your obligation to pay. your most current periodic statement is the best
Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the
rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a
provision of this Agreement may be found to be invalid or unenforceable.
Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that
you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice and
the early home equity line of credit application disclosure, in addition to the handbook entitled "What you should know about Home Equity Lines
of Credit," given with the application.
This Agreement is dated January 2, 2007.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
Robert M Diodato (Seal)
X
Kai a "In (Seal)
Effective Disbursement Date:
CREDIT AGREEMENT AND DISCLOSURE
Loan No: 223940 (Continued)
Page 6
BILLING ERROR RIGHTS
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and our responsibilities under the Fair, Credit Billing, Act.
Notify us in case of errors or questions about your bill.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at
ORRSTOWN BANK
77 EAST KING STREET
P.O. BOX 250
SHIPPENSBURG, PA 17257
or at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the
first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are
not sure about.
If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you
think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur.
Your rights and our responsibilities after we receive your written notice.
We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either
correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the
amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any
questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.
If we find that we made a mistake on your biil, you will not have to pay any finance charges related to any questioned amount. If we didn't
m81(e a mistake, you may have to pay finance charges, and you will have to make up any missed"payments on the questioned amount. In either
case, we will send you a statement of the amount you owe and the date on which it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and
you write to us within ten 110) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about
your..bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct.
LASER PRO LanElnq, Va. 5.34.Op.000 Coq. Xe,bnE Fin?neW Solu,ronf, Inc. 1997, 2006, Atl Ngnl, Rew,vaG. - PA e:1UhLP11025. FC T6 14927 P6 123
EXHIBIT "B"
/ Y)
Parcel Identification
Number:
RECORDATION
REQUESTED BY:
ORRSTOWN BANK
SILVER SPRING OFFICE
77 EAST KING STREET
P O BOX 250
SHIPPENSBURG, PA
17257
iJu1 AN 16 an 11 30
) a3 q,qo
-J L 19
WHEN RECORDED MAIL
TO:
ORRSTOWN BANK
77 EAST KING STREET
P.O. BOX 250
SHIPPENSBURG, PA
17257
F R RE ORDER'S USE ----
OPEN - END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
Amount Secured Hereby: $50,000.00
THIS MORTGAGE dated January 2, 2007, is made and executed between Robert M Diodato
and Kellie L Diodato, whose address is 205 W Yellow Breaches Rd, Carlisle, PA 17013
(referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING
STREET, P O BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration. Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, as, geothermal and similar matters, (the "Reel Property") located in Cumberland
County, Commonwealth of Pennsylvania:
Deed dated 3/27/98, Recorded in Book 175, Page 9361n Dickinson Township
The Real Property or its address is commonly known as 205 W Yellow Breeches Rd, Carlisle,
PA 17013 .
REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness including, without limitation, a revolving line of
credit, which obligates Lender to make advances to Grantor unless Grantor fails to comply with all the terms of the
Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that
the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or
variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts
expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit
Limit as provided in the Credit Agreement. It is the intention of Grantor and Lender that this Mortgage secures the
balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the
Credit Agreement and any intermediate balance, plus interest.
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
EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all
amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this
Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by Lender in writing, la) 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 Icl any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
BXI979PG2410
MORTGAGE
(Continued) Page 2
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 compfiance 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 12) agrees to indemnify, defend, 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 indemnify and defend, 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 gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to
doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect
Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three 13) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by
Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest
paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen 1151 days after the lien arises or, if a lien is filed,
within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional
obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be
reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (101 days' prior
written notice to Lender and not containing fAty disclaimer of the insurer's liability for failure to give such notice.
ON t 979PG24 i I ? ;
MORTGAGE
(Continued) Page 3
Each insurance policy also shall include an endorsement providing that coverage in favor of Lender win not be impaire
by any act,
omis
ion
t of
Grantor or any 1 cateddinnannareaadesignated by the aDi rector off tlhe Fede al Emergency
hazard Manarson Should the Real Property be
area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, t within 45 days afters notice
is given by Lender that the Property is located in a special flood hazard area, for the maximum amount of your
credit line and the full unpaid principal balance of 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 0 5) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the
remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after
payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is
in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing
Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent
compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any
proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall
apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests,
encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the
Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then
Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the
Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be
appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear
interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of
repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be
payable on demand; (B) be added to the balance of the Credit Agreement 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 Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the
Credit Agreement'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 tiie default so as to bar Lender from any remedy
that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any
mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the
Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issuid in favor
of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and
authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive
the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect
until such time as Grantor's Indebtedness is paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing
lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to
prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any
default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security
agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or
renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances
under any such security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Not 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
BNI979PG2412
MORTGAGE
(Continued) Page 4
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; 12) a specific tax on Grantor
which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit
Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and
interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available
remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real
property records, Lender may, at any time and without further authorization from Grantor, file executed
counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and
make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Mortgage may be obtained (each is required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect, continue, or preserve (1) Grantor's obligations under the Credit Agreement, this Mortgage, and the
Related Documents, and 12) the liens and security interests created by this Mortgage on the Property, whether
now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,
Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this
paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender
may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise
performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a
suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file
evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable
law, any reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Grantor will be in default under this Mortgage if any of the following happen: (A) Grantor
commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can
include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's
financial condition. (BI Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or
inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to
maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on
the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's
permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and
collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's
costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the
8K 1979PG2413 1 147
MORTGAGE
(Continued) Page 5
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 Credit Agreement
or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have
the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the
Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale
on all or any portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If
Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's
failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise
Lender's remedies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Credit Agreement 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. Alf copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., shall be sent to Lender's address, as
shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage
by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the
person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current
address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to
any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the
notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with
Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this
Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or
amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all
references to Grantor shall mean each and every Grantor. This means that each 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
BK 1979PG2414 ;1: r tr,
MORTGAGE
(Continued) Page 6
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.
Severabt'Bty. 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 Robert M Diodato and Kellie L Diodato and includes all co-signers and
co-makers signing the Credit Agreement and all their successors and assigns.
Credit Agreement. The words 'Credit Agreement' mean the credit agreement dated January 2, 2007, with
credit litnit of $50,000.00 from Grantor to Lender, together with all renewals of, extensions of,
modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
Environmental Laws. The words 'Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default' mean any of the events of default set forth in this Mortgage in the
events of default section of this Mortgage.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
provision of this Mortgage.
Grantor. The word "Grantor" means Robert M Diodato and Kellie L Diodato.
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 Credit Agreement or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Credit Agreement 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. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which
may be created in the future shall relate back to the date of this Mortgage.
Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or
assigns' mean any person or company that acquires any interest in the Credit Agreement.
Mortgage. The word 'Mortgage" means this Mortgage between Grantor and Lender.
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.
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.
6K1979PG2415 :11
;t=
MORTGAGE
(Continued) Page 7
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:
X 6 ISeail
Robert M Drodato
X i, ?.C.[f. AA 14 A yX 41(jf >4- (Seal)
Kbll LsDrodato -
Signed, acknowledged and delivered in the presence of:
X L44, C- A.L
Witness
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows:
SILVER SPRING OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG. PA 17257
4g?x
Attorney r Agent for Mortgagee
INDIVIDUAL ACKNOWI,:£DGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF - UPA C,,ti y(
-
this, the 02 2 . day of
9k?/-iee, ft -7 11 54 , the undersigned
L i dato, nown to me for satisfactorily proven) tc
instrument, and acknowledged that they executed the sa
In witness whereof, 1 hereunto set my hand arF4 of
1
)SS
I
1" -A I A. A 20 before me
tary Publid, personall appeared Robert M Diodato and Kelfie
the person whose names are subscribed to the within
ee for the purposes thereirntainedlf
in and for the State of
FAREN A 11
alt
v this to be recorded
omberland County PA
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-- Recorder of Deeds
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0INRSTOWN
BANK
A Tradition of Excellence
June 18, 2010
Kellie L. Diodato
Robert M. Diodato
1164 Redwood Drive
Carlisle, Pa. 17013
Return Receipt Requested
and Regular U. S. Mail
ACT 97 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached paaes.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save vour home
This Notice explains how the proaram works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counselina Anencv
The name, address and phone number of Consumer Credit Counseling Agencies
serving your county are listed at the end of this Notice If you have any questions you may
call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with
impaired hearing can call (7171780-1869)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
P.O. Box 250 • Shippensburg, PA 17257 • 717.530.3530 9 717.532.4143 fax
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CO'NTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICAICION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
Robert M. Diodato
Kellie L. Diodato
205 W. Yellow Breeches Road
Carlisle, Pa. 17013-9466
LOAN ACCT. NO.: 223940
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDER/SERVICER:ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three 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 in-m nevc nc Tu0 r%A'TC „r- ?...,...__.__
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling gencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) d ys after the date of this meeting. The names, addresses and telephone numbers
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.
APPLICATIQN 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".
vv ntAvc i nc r IUM i I U NLt A MtMAV 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 fled bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 205 W. Yellow Breeches Road. Carlisle, Pa. 17013-9466 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: April 13th--$ 123.49, May 13th--$ 421.95 and June
11 th--$418.73.
Other charges (explain/itemize): LATE CHARGES--$ 5.00
TOTAL AMOUNT PAST DUE: 969..07
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA
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
$ 969.07.
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 URE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt.
This means that toe 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 lis 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 Sheriffs Sale You may
do so by paving the total amount then past due plus any late or other charges then due reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
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 Kina Street
Shippensburct, PA 17257
Phone Number: (717) 709-3029
Fax Number: (717) 709-3091
Contact Person: Betsy J. Smith
E-Mail Address: bsmithO-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
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF? MORTGAGE - You may 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,
Z'2? g' '
BETSY J. SMITH, COLLECTION DEPT.
CON§UMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 171102
(888) 511-2227
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
of Capital Region
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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01% RSTOWN
BANK
A Tradition of Excellence
June 18, 2010
?03gs?v
C?
Robert M. Diodato
Kellie L. Diodato
205 W. Yellow Breeches Road
Carlisle, Pa. 17013-9466
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 mortaaae 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 vour home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when
you meet with the Counseling Agency
call the Pennsylvania Housina Finance Agency toll free at 1 800 342 2397 (Persons with
impaired hearing can call (717) 780-1869)This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a'i lawyer.
P.O. Box 250 • Shippensburg, PA 17257 • 717.530.3530 • 717.532.4143 fax
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A C014TINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR 8U CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Robert M. Diodato
Kellie L. Diodato
PROPERTY ADDRESS: 205 W. Yellow Breeches Road
Carlisle, Pa. 17013-9466
LOAN ACCT. NO.: 223940
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LEN DER/SERVICER: ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
0 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 HE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY
rum tMtKULN Y MUK I GAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PAR OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT".
CONSUMED 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: 205 W. Yellow Breeches Road, Carlisle, Pa. 17013-9466 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: April 13th--$ 123.49, May 13th--$ 421.95 and June
11 th--$418.73.
Other charges (explain/itemize): LATE CHARGES--$ 5.00
TOTAL AMOUNT PAST DUE: 969..07
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA
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
$ 969.07.
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 gURE 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 riahts 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.
s?
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) DRAY Period, you will not be required to Pav 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 Sheriffs Sale. You may
do so_ by paving the total amount then past due, plus any late or other charges then due, reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writing by the lender and by performing any other requirements under
the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the 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:
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:
Name of Lender: Orrstown Bank
Address: P.O. Box 250, 77 East King Street
Shippensbura, PA 17257
Phone Nurmber: (717) 709-3029
?,
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.
1,,
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 3rd 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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AN THE COURT OF COMMON PLEAS
ORRSTOWN BANK,
CUMBERLAND COUNTY, PENNSYLV ANIA
Plaintiff :
: NO. 10-6667
v
ROBERT M. DIODATO and : MORTGAGE FORECLOSURE
KELLIE L. DIODATO,
Defendants
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ROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA?t rv
TO THE P
Please reinstate the Plaintiffs Complaint in the above-referenced case.
LAW OFFICES OF MARKIAN R. SLOBODIAN
Z;?A
By
MARKIAN R. SLOBODIAN, ESQ.
I.D. No. 41075
801 North Second Street
Harrisburg, PA 17102
(717) 232-5180
1)-11S14D
Dated:
Attorneys for Plaintiff
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
FILED-O I" ICP'
07 THE PROTHON IAi-!: '
2010 DEC 27 AM 10: "'j-
Richard W Stewart
Solicitor
CLIMBERLAND COUNTY
PENNSYLVAt,41A
Orrstown Bank
vs. Case Number
Robert M. Diodato (et al.) 2010-6667
SHERIFF'S RETURN OF SERVICE
12/20/2010 04:13 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
December 20, 2010 at 1613 hours, he served a true copy of the within Complaint i ortgage
Foreclosure, upon the within named defendant, to wit: Robert M. Diodato, y ma ng nown unto himself
personally, at 2210 Gleim Court, Enola, Cumberland County, Pennsylva i 1]? 5 its contents and at the
same time handing to him personally the said true and correct copy of a sa?nl .
SH)WHARRISON, DEPUTY
10 / 12/20/2010 02:35 PM - William Cline, Corporal, who being duly sworn according to law, states that on December 20,
2010 at 1435 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kellie L. Diodato, by making known unto herself personally, at 1164
Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
4??'
ILLIAM CLINE, DEPUTY
December 21, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c Geu'fy&Ao Shernff. 7eieoso8. Ir;.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
FILED-OFFICE
OF THE PROTHONOTARY
1010 DEC 27 AM I I: 39
CUMBERLAND COUNTY
PENNSYLVANIA
Orrstown Bank
vs.
Robert M. Diodato (et al.)
Case Number
2010-6667
SHERIFF'S RETURN OF SERVICE
12/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Robert M. Diodato, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Robert M. Diodato. Michael Diodato advised Deputies, Robert M. Diodato is thought to be
residing in Enola, Pennsylvania. To date The Carlisle Postmaster to date has been unable to provide a
good forwarding address for Robert M. Diodato.
12/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Kellie L. Diodato, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Kellie L. Diodato. Michael Diodato advised Deputies, Kellie L. Diodato is thought to be residing
in Carlisle, Pennsylvania. To date The Carlisle Postmaster to date has been unable to provide a good
forwarding address for Robert M. Diodato.
SHERIFF COST: $70.64
December 08, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
%c7 G9u^:`vSt ito She^ff , eieosoft. inc.
0f cu
David D. Buell k %, 12enee R Simpson
Prothonotary 1St Deputy Prothonotary O ‘, ��e_a, ° z
•-k7(irkS. Soho nag e, ES Q i\ a '
�,AW:i«
Irene E. Morrow
Solicitor „SO 2"cr Deputy Prothonotary
Office of the Prothonotary
Cumberland County, <Pennsy(vania
JO — 644,7 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573