HomeMy WebLinkAbout10-7030T i
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
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CENTRIC BANK IN THE COURT OF COMMON PLEAS
f/k/a VARTAN NATIONAL BANK, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO:
V.
CIVIL ACTION
ROGER D. MORRISON,
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
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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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas diguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avidaso que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: (717) 249-3166
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Date: November , 2010
By:
ce J f W arshawsk3r, Esquire
D.#58799
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Attorneys for Plaintiff
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692
ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF
WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID.
LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING
YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT
YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME.
FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE
DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE
REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT
AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
CENTRIC BANK IN THE COURT OF COMMON PLEAS
f/k/a VARTAN NATIONAL BANK, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff ?r
NO: 10-' 030 c '6
V. CIVIL ACTION
ROGER D. MORRISON,
Defendant
COMPLAINT
AND NOW COMES, the Plaintiff, Centric Bank f/k/a Vartan National Bank ("Centric"
or "Vartan"), by and through its attorneys, Cunningham & Chernicoff, to file a Complaint against
Defendant, Roger D. Morrison ("Morrison"), in the above action is as follows:
COUNT I - MORTGAGE FORECLOSURE
1. Plaintiff, Centric Bank formerly Vartan National Bank, is a financial institution
authorized to conduct business in the Commonwealth of Pennsylvania with a
principal place of business located at 4320 Linglestown Road, Harrisburg,
Pennsylvania 17112.
2. Defendant, Roger D. Morrison, ("Defendant") is an adult individual whose last
known address is 3242 Enola Road, Carlisle, Lower Frankford Township,
Cumberland County, Pennsylvania 17013.
3. Defendant is the mortgagor and real owner of the Property (hereinafter identified).
4. As security for obligations then existing and thereafter arising, on or about
February 14, 2003, Defendant executed and delivered a mortgage (the
"Mortgage") and promissory note ("Note") upon the premises hereinafter
described to. The Mortgage is recorded in the Office of the Recorder of Deed in
and for Cumberland County, Pennsylvania, in Record 1796, at Page 1985, et. seq.
A copy of the Mortgage is attached hereto as Exhibit "A" and a copy of the Note
is attached hereto as Exhibit "B".
5. The Property subject to the Mortgage is described in the Mortgage attached as the
last page of Exhibit "A" and is known as 3242 Enola Road, Carlisle, PA 17013
("Property").
6. The Mortgage is in default because monthly payments of principal and interest
due and each month thereafter are due and unpaid. The terms of the Mortgage
provide for the entire principal balance and all interest due thereon to be due upon
failure of the mortgagor to make such payments after written notice to the
mortgagor.
7. The following amounts are due on the Mortgage:
(a) Unpaid principal balance $337,472.65
(b) Accrued interest $96,824.12
from 9/14/06 to 10/25/10
(Based on the current contract rate of 8.25% )
(c) Late Fees $6,438.11
(d) Attorney fees and litigation costs
as of 10/25/10 $10,523.91
(e) Costs of Suit $192.00
TOTAL $451,450.79 plus attorney's
fees and commission plus
interest at $32.92 per diem.
8. The attorney's fees set forth above are in conformity with the Mortgage and
Pennsylvania law, and will be collected in the event of a third party purchaser at
Sheriff's Sale or if the Mortgage is reinstated prior to sale, reasonable attorney's
fees will be charged.
9. Notice of Default as required by the Mortgage was provided to Morrison by
Centric on July 21, 2008 and the temporary stay as provided by said notice has
terminated because Defendant has failed to cure the default and/or failed to meet
with Plaintiff or an authorized consumer credit counseling agency and/or has been
denied assistance by the Pennsylvania Housing Finance Agency. True and
accurate copies of the above notices, as relevant, were sent by regular mail and by
certified mail, return receipt requested and are attached hereto as Exhibit "C"
10. Notice of Intention to Foreclose as set forth in Act 6 of 1974, and/or Notice of
Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as
amended in 1998, was sent to the Defendant on July 21, 2008. A true and
accurate copy of above notices, as relevant, were sent by regular mail and by
certified mail, return receipt requested and are attached hereto as Exhibit "D".
WHEREFORE, Plaintiff, Centric Bank, demands in rem judgment in its favor and against
Defendant, Roger D. Morrison., in the amount of $337,472.65 principal plus interest accrued to
date in the amount of $96,824.12, late charges of $6,438.11, attorney fees, litigation costs of
$10,523.91 and all interest and attorney fees and costs that accrues hereafter until payment in full
occurs, and other costs and charges collectible under the Mortgage and for foreclosure and sale of
the mortgaged property, and such other relief as is just and proper.
COUNT II - BREACH OF CONTRACT
11. The averments of Paragraph 1 through 10 are incorporated herein by reference as
if fully set forth.
12. On or about February 14, 2003, Morrison executed a Promissory Note, a true and
correct copy of which is attached hereto as Exhibit "B" for a principal amount of
$348,000.00 at an initial interest rate of 5.250 percent (5.250 %) which adjusts in
accordance with the Promissory Note in favor of the Plaintiff, Centric.
13. Centric provided Morrison with $348,000.00 in exchange for, inter alia, the
promise that Morrison would repay this loan, as embodied in the Promissory
Note, in Three Hundred Forty-Eight (348) consecutive monthly payments of
$1,921.67 each with the first payment being due March 14, 2004, and the final
payment due February 14, 2033.
14. The Promissory Note also provides, inter alia, the following:
a. A late charge of 5% of the of the unpaid portion of the regularly scheduled
payments shall be charged on any payment which is more than sixteen (16)
days late;
b. A default occurs under the Promissory Note if any payment is not made;
C. After default, Centric, may, following any notices required by applicable
law, declare the entire unpaid principal balance on the Promissory Note
due and all accrued unpaid interest immediately due; and
15.
16.
17
18
19
d. Centric's attorney fees, legal expenses and Court costs shall be borne by
the defaulting party under the Promissory Note.
As of October 25, 2010, the current principal balance on the Promissory Note is
$337,472.65 with accrued interest of $96,824.12 and unpaid late charges of
$6,438.11, attorney fees, litigation costs of $10,523.91; thus the total amount due
is $451,450.79 with additional interest per diem in the amount of $32.92.
The Promissory Note by and between Centric and Morrison is a contract.
Morrison's failure to pay under the terms and conditions of the Promissory Note is
a default under the Promissory Note and a breach of contract.
Centric is entitled to accelerate the entire principal balance and accrued interest
under the Promissory Note as a result of Morrison's default and breach.
In accordance with the terms and provisions of the Promissory Note, Morrison is
obligated and liable to Centric for the following:
Unpaid principal balance $337,472.65
Accrued interest from October 25, 2010 $96,824.12
Attorney fees and litigation costs $10,523.91
Unpaid Late Fees $6,438.11
Costs of Suit $192.00
TOTAL $451,450.79 plus attorney's
fees and commission plus
interest at $32.92 per diem.
In addition, Morrison is obligated to pay Centric continued interest at a per diem
rate of $32.92 from October 25, 2010, plus any additional attorney fees and Court
costs in connection with this litigation.
20. Despite repeated demands for payment, Morrison has failed and refused to pay the
amounts due under the Promissory Note.
21. Morrison did not have a valid legal excuse for his failure and refusal to perform
under the Promissory Note.
22. All conditions precedent to recovery by Centric under the Promissory Note have
occurred.
23. Because of Morrison's failure and refusal to pay Centric under the Promissory
Note, Centric has been damaged as set forth above and is entitled to continued
interest, costs and attorney fees.
WHEREFORE, the Plaintiff, Centric Bank, respectfully requests this Honorable Court
enter Judgment in its favor in the amount of $42,025.79 plus per diem interest in the amount of
$32.92 from October 25, 2010 through date of Judgment plus any post-Judgment attorney fees,
Court costs and additional relief as this Court deems proper and just. The amount claimed is not
subject to compulsory arbitration in this Judicial District.
Respectfully submitted,
CUNN HAM & CHERNICOF C.
By:
ru J. arshawsky squire
PA Atty. No.58799
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
Date: November , 2010 Attorneys for Plaintiff
F:\Home\BJW\I)OCS\CentricBank\Roger Morrison\Complaint in Mortgage Foreclosure.wpd
VARTAN NATIONAL BANK, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
V.
CIVIL ACTION
ROGER D. MORRISON,
Defendant
VERIFICATION
I, Sheri L. Brown, Senior Vice President of Centric Bank, verify that the statements made
in the foregoing Complaint are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. §4904, relating to unsworn falsification to authorities.
CENTRIC BANK j
By: C?'- k. /
Name: Sheri L. Brown
Title: Senior Vice President
Date: -12 2-7 l Zel a
EXHIBIT `A'
)C) owl)
RECORDATION REQUESTED BY:
Varian National Bank
3601 Varian Way
Harrisburg, PA 17110
WHEN RECORDED MAIL TO:
Vartan National Bank
3601 Varian Way
Harrisburg, PA 17110
I :. ZI EC! crR
;i E ; Or DEEDS
L.fiLAIN COUNTY-r
'03 FEB ly PM 4 02
SEND TAX NOTICES TO:
Roger D. Morrison
3242 Enola Road
Carlisle, PA 17013
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS 17 A PURCHASE MONEY MORTGAGE
THIS MORTGAGE IS DATED i - Q3 , between Roger D. Morrison, whose address is 3242 Enola Road,
Carlisle, PA 17013 (referred to below as "Grantor"); and Vartan National Bank, whose address is 3601 Vartan
Way, Harrisburg, PA 17110 (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, gas, geothermal and similar matters, located
in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"):
see attached .
The Real Property or its address is commonly known as 3242 Enola Road, Carlisle, PA 17013.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all 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.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of
the United States of America.
Grantor. The word "Grantor" means Roger D. Morrison. The Grantor is the mortgagor under this Mortgage.
Guarantor. The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in
connection with the Indebtedness.
Improvements. The word "Improvements" means and includes without limitation 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 and interest payable under the Note and any amounts expended or advanced by
Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with
interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means Varian National Bank, its successors and assigns. The Lender is the mortgagee under this Mortgage.
Mortgage. The word "Mortgage" means this Purchase Money Mortgage between Grantor and Lender, and includes without limitation all
assignments and security interest provisions relating to the Personal Property and Rents.
Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Real Property, this
Security Instrument shall be a purchase money mortgage under 42 P.S. Section 8141.
Note. The word "Note" means the promissory note or credit agreement dated February 14, 2003, in the original principal amount of
$348,000.00 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. The maturity date of this Mortgage is February 14, 2033. NOTICE TO GRANTOR: THE
NOTE CONTAINS A VARIABLE INTEREST RATE.
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 property, interests and rights described above in the "Grant of Mortgage" section.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, 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, revenm 1 ipc7ng iO j rr ofits, and other benefits derived from the
Property. ? U J
02-14-2003 MORTGAGE Page 2
Loan No 6150916 (Continued)
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE RELATED DOCUMENTS. 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 in default, Grantor may remain in possession and control of and operate and manage the Property and collect the
Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this
Mortgage, shall have the same meanings as set forth in 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 to any of the foregoing. The terms
"hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos. Grantor represents and warrants to Lender that: (a) 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 waste or substance by any person on,
under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to
and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any
hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (ii) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by
Lender in writing, (i) 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 waste or substance on, under, about or from the Property and (it) any such activity shall be
conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation those laws,
regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and
tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any
inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the
part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) 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 (b) agrees to
indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or
indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture,
storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the
Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of
this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of
Lender. 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 its agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the 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 taws, 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 nor 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 its option, declare immediately due and payable all sums secured by this Mortgage upon the
sale or transfer, without the 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, tide or interest therein; whether legal, beneficial or equitable; whether voluntary or
involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three
(3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding tide to the Real Property, or
by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also
J includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests,
.p as the case may be, of Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
iT law.
0 TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a 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 all liens having priority over or equal to the Interest of
Cp Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following 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
(15) 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 forleclosure 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
02-14-2003 MORTGAGE Page
La-an No 6150916 (Continued)
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 thirty (30) days' prior written notice to Lender and not containing
any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that
coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real
Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan and any prior liens on
the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by
Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, 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.
Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this
Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property.
TAX AND INSURANCE RESERVES. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day
payments are due under the Note until the Note is paid in full, a sum ("Escrow Funds') equal to one twelfth of (a) all annual taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire
insurance with all risks standard extended coverage required under this Mortgage ("Escrow items'). Lender may estimate the amount of Escrow Funds
on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the
Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items,
unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree
in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not
be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts
secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to the
due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the excess' shall be, at Grantor's option, either
promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender is not
sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as
required by Lender.
EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage, or if any action or proceeding is commenced that would
materially affect Lender's Interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems
appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from the date incurred or paid by
Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the
Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance
policy or (ti) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This
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 the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender
from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of, any mortgage
foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage.
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and
encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in
favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver
this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this
Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall 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.
CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and
attorneys' fees incurred by Lender in connection with the condemnation, nu t 7 Q ?;Qr. i q87
.02-14-2003 MORTGAGE Page 4
Loan No 6150916 (Continued)
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 as may be requested by it from time to time to permit such participation.
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: (a) a specific tax upon this type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the
Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and
(d) 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 (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided
below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) 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 or other personal
property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as ampnded from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Rents and 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 assemble the Personal 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.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Mortgage.
FURTHER ASSURANCE; ADDITIONAL AUTHORIZATION. The following provisions relating to further assurances and additional authorization 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 (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interests
created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law
or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
referred to in this paragraph.
Additional Authorization. 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, 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.
DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage:
Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness.
pp Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any
7C other payment necessary to prevent filing of or to effect discharge of any lien.
`- Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or in
any of the Related Documents.
t.O False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the
Cn Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
c0j Defective Collateralizatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral
"r documents to create a valid and perfected security interest or lien) at any time and for any reason.
Q0 Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
Co assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency
CHID laws by or against Grantor.
Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or
any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection shall not apply
in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture
proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to
Lender.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied
02-14-2003 MORTGAGE Page 5
Loan No 6150916 (Continued)
within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option, may, but
shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory
to Lender, and, in doing so, cure the Event of Default.
Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the
preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its 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. Subject to applicable law, Lender shall have the right at its option without notice to Grantor 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 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 servo 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.
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 (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately
upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
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 shall 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,
m reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
.'*C
•• •- Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the
party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not
?D exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage
after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
cri 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
?0j such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all
reasonable expenses incurred by Lender that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of
l? its rights shall become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the rate
provided for in the Note. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law,
CIO Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings
W (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 titre 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 TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing,
may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally
recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail,
postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of
notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning
of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. This
Mortgage shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania.
02-14-2003 MORTGAGE Page 6
. Loan No 6150916 (Continued)
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.
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.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or
circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such
offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be
so modified, it shall be stricken and all other provisions of this Mortgage in all other respects shall remain valid and enforceable.
Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon
and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested
in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the
Indebtedness.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless
such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of
such right or any other right. A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right
otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between
Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever
consent by Lender is required in this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to
subsequent instances where such consent is required.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GRANTOR:
Roger S. Morrison
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Varian National Bank, herein is as follows:
3601 Varten Way, Harrisburg, PA 17110 1/'
for Mortgagee
BKI796PGi990
02-14=2003 MORTGAGE Page
Loan No 6150916 (Continued)
INDIVIDUAL ACKNOWLEDGMENT
STATE OF ?L°??,I?I/?'V
)S8
COUNTY OF
On this, the _ 1,3 day of 20123, before me ! ?.V r/C G • ?+ (A?`/`SQ?_ the
undersigned Notary Public, personally appeared Rogq D. Morrison, known to me (or satisfactorily proven) to be the per whose name is
subscribed to the within instrument, and acknowledged at he or she executed the same for the purposes therein contained,
In witness whereof, I hereunto set my hand and official seal.
LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.29a(C)Concentrex2003 All rights
NOTARIAL SEAL
RONALD E JOHNSON, NOTARY PUBLIC
CARLISLE BORO, CUWff M CO.. PP
MY COMMON DPW FIRIIIIIIARY 23. 2W4
_ L
yPwyP7sr`;':
Public in and he State of
E3.29 P3.29 RMORRIS.L
6K1796PG1991
ALL THAT CERTAIN lot or piece of land situate. in Lower Frankford Township,
Cumberland County, Pennsylvania, with the improvements thereon erected, more
particularly bounded and described as follows, to wit:
BEGINNING at a point in the center of Legislative Route 944 at the southeastern corner
of the property herein conveyed; thence North 80 degrees 50 minutes West along the
center of Legislative Route 944 a distance of 635.50 feet to a point in the center of
Legislative Route 944; thence North 85 degrees 14 minutes 46 seconds West along the
center of Legislative Route 944 a distance of 345.68 feet to a point in the center of
Legislative Route 944; thence North 17 degrees 10 minutes 51 seconds West along other
lands now or formerly of Robert O. Lynch, et al., a distance of 1473.19 feet to a point;
thence North 73 degrees 17 minutes 43 seconds East, a distance of 711.98 feet to a point
at lands now or formerly of Joseph Brownawell; thence South 32 degrees 25 minutes 20
seconds East along lands now or formerly of Joseph Brownawell a distance of 902.51
feet to a point; thence South 13 degrees 41 minutes 24 seconds East along land now or
formerly of Joseph Brownawell a distance of 1015.00 feet to a point in the center of
Legislative Route 944, being the point and place of BEGINNING.
CONTAINING 33.551 acres more or less and being more particularly shown on a plot
plan entitled "Boundary Survey for Robert O. Lynch situated in Lower Frankford Twp.
Cumberland County Pa. Scale 1 "=300' August 18, 1977" by Eugene A. Palm, Registered
Surveyor.
BEING the same premises which Dennis D. Diaz and Margaret A. Diaz, husband and
wife, by their Deed dated December 20, 2002, and recorded in the Office of the Recorder
of Deeds in and for Cumberland County immediately prior to the recording of this
Mortgage, granted and conveyed unto Roger D. Morrison, Mortgagor herein.
UNDER AND SUBJECT to a 50 foot wide right-of-way more particularly described in
two Agreements of Sale of Property between Robert O. Lynch, et al. And Donald J.
Conaway, and Robert O. Lynch, et al. And James E. Biden, Jr. and Janet P. Biden, both
of which agreements are dated July 22, 1977, and recorded in Misc. Book 229 Pages 818
and 823, in the Office of the Recorder of Deeds of Cumberland County.
UNDER AND SUBJECT ALSO to a right-of-way easement 14 feet in width along the
line of land of Joseph A. Brownawell as particularly set forth in a Right-of-Way
Agreement dated November 29, 1963, and recorded in the Cumberland County
Recorder's Office in Misc. Book 164, Page 524.
UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations,
conditions, and rights of ways of record or visible upon inspection of premises.
I Certify this to he recorded
III CuIIII;erland County PA
BK 1 7 9 b PG 1992 =--S, Recorder of Deeds
EXHIBIT'B'
PROMISSORY NOTE
d
Borrower: Roger D. Morrison
3242 Enola Road
Carlisle, PA 17013
Lender: Varian National Bank
Progress Office
3601 Varian Way
Harrisburg, PA 17110
Principal Amount: $348,000.00 Date of Note: February 14, 2003
PROMISE TO PAY. I promise to pay to Varian National Bank ("Lender"), or order, in lawful money of the United States of America, the
principal amount of Three Hundred Forty Eight Thousand & 00/100 Dollars ($348,000.00), together with interest on the unpaid principal balance
from February 14, 2003, until paid in full. The interest rate will not Increase above 11.250%.
PAYMENT. Subject to any payment changes resulting from changes in the Index, l will pay this loan in accordance with the following payment
schedule:
12 consecutive monthly principal and Interest payments of $1,921.67 each, beginning March 14, 2003, with interest
calculated on the unpaid principal balances at an Interest rate of 5.250% per annum; and 348 consecutive monthly principal
and interest payments in the Initial amount of $1,921.67 each, beginning March 14, 2004, with interest calculated on the
unpaid principal balances at an interest rate of 1.000 percentage points over the index described below. My final payment
will be due on February 14, 2033 and, will be for all principal and accrued interest not yet paid, together with any other
unpaid amounts under this Note.
Interest on this Note is computed on a 30/360 simple interest basis; that is, with the exception of odd days in the first payment period, monthly interest
is calculated by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a
month of 30 days. Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. I will pay Lender at
Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law,
payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which
is the The Wall Street Journal Prime (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes
unavailable during the term of this loan, Lender may designate a substitute index after notice to me. Lender will tell me the current Index rate upon my
request. I understand that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each year.
The Index currently is 4250% per annum. The Interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate
or rates set forth above In the "Payment" section. Notwithstanding any other provision of this Note, the variable Interest rate or rates
provided for in this Note will be subject to the following minimum and maximum rates. NOTICE: Under no circumstances will the interest rate on
this Note be less than -0.750% per annum or more than the lesser of 11.250% per annum or the maximum rate allowed by applicable law.
Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 2.000
percentage points. Unless waived by Lender, any increase in the Interest rate will Increase the amounts of my payments.
PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund
upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without
penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my
obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in me making
fewer payments.
LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the unpaid portion of the regularly scheduled payment.
DEFAULT. I will be in default if any of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to
Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement
related to this Note, or in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or
on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become insolvent, a receiver is
appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding Is commenced either by me or against me
under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This
includes a garnishment of any of my accounts with Lender. (f) Any of the events described in this default section occurs with respect to any guarantor
of this Note.
If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the
preceding twelve (12) months, it may be cured (and no event of default will have occurred) if I, after receiving written notice from Lender demanding
cure of such default: (a) cure the default within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, immediately Initiate steps which
Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps
sufficient to produce compliance as soon as reasonably practical. -
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then I will pay that amount. Lender may hire or pay someone else to help collect this
Note if I do not pay. I also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's
legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated posHudgment collection services. If not prohibited by applicable law, I also will
pay any court costs, in addition to all other sums provided by law. If judgment Is entered In connection with this Note, interest will conti nue to accrue
on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and
accepted by Lender In the Commonwealth of Pennsylvania. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of
the courts of Dauphin County, the Commonwealth of Pennsylvania. This Note shall be governed by and construed In accordance with the
laws of the Commonwealth of Pennsylvania.
RIGHT OF SETOFF. I grant to Lender a contractual security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender all my right,
title and interest in and to, my accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held
jointly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the
grant of a security interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing
on this Note against any and all such accounts.
pea-14-2003 PROMISSORY NOTE
Loan No 6160916 Page 2
(Continued)
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other
person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of
dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker,
guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the
collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST
RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
Xz<??':°'.,<::i:::::?> :;?-s:';.`':?,. <:>'>Y<.>:?:t'ts:'s£?>??::?'?:?i5:::s'>:>:i<`:?sss`::>`>:::sss:::•?:a:;>:::.:rx:
Roger EP Morrison
Variable Rate. Installment. LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.29a (C)Concentrex 2003 All rights reserved. IPA-D20 E3.29 RMORRIS.LN R1.OVlj
CERTIFICATION AND AGREEMENT FOR CONTINUING
PERFECTION AND COMPLIANCE
Borrower: Roger D. Morrison
Loan Number: 615091-6
February 14, 2003
Whereas, the undersigned has applied to Vartan National Bank (the "Bank") for a certain
loan and/or financial accommodations in the amount of $348,000.00 and
Whereas, the Bank has agreed to make the aforesaid loan, but only upon the condition
that the undersigned agrees to the terms and conditions contained in the Bank's Commitment
Letter dated January 31, 2003 (hereinafter called the "Loan Agreement"), and
Whereas, the undersigned deem(s) it in (their) best interest to obtain the aforesaid loan,
Now, therefore, in consideration of these premises and other good and valuable
consideration, it is agreed as follows:
1. The undersigned will perform any and all steps requested by the Bank to: (a)
create and maintain in the Bank's favor a valid lien and security interest in the collateral to be
pledged to Bank pursuant to the terms of the Loan Agreement, including, but without limitation,
the execution, delivery, filing and/or recording of promissory notes, guarantees, mortgages,
security agreements, financing statements, continuation statements and the like, necessary in the
opinion of Bank's counsel to effectuate the terms of the Loan Agreement, (b) execute and deliver
any other documents necessary, in the opinion of the Bank's counsel, to complete, perfect and
continue, but not to modify or change the terms of the Loan Agreement, and (c) the undersigned
Borrower agrees, in consideration of VARTAN NATIONAL BANK, the Lender disbursing
funds for the closing of a loan on Roger D. Morrison if requested by the Lender or any party
acting on behalf of the Lender, to fully cooperate and adjust for clerical errors, any and all
closing documentation deemed necessary or desirable in the reasonable discretion of Lender to
enable Lender or to ensure enforceability of the loan if dept in lender's own portfolio.
The undersigned Borrower agrees to comply with all the above noted requests by Lender within
30 days from the date of mailing of said requests by the Lender. The Borrower agrees to assume
all costs including, by way of illustration and not limitation, actual expenses, legal fees and
marketing losses for failing to comply with lender's requests in the above noted time period.
The undersigned Borrower does hereby agree and covenant in order to assure that loan
documentation executed this day will conform and be acceptable in the marketplace in the
instance of transfer, sale or conveyance by Lender of its interest in and to said loan
documentation.
Page 1 of 2
2. The undersigned agrees that the terns, provisions and conditions set forth
in the Loan Agreement, to the extent that same are not contained in the final documents or have
not been fully complied with by the time of the disbursement of loan proceeds to the undersigned
by the Bank, shall survive the closing of the loan.
3. The undersigned further agrees to provide the Bank with and/or certifies to the
Bank (a) since the date of the application for the loan which is being closed concurrently with the
delivery hereof ("Closing"), there has been no unremedied adverse change in the financial or any
other condition of the Borrower or any of the undersigned, (b) the undersigned received a true
and complete copy of each document or other instrument signed in the connection with the
closing, (c) all taxes of the Borrower and undersigned are current and all- future taxes will be paid
when due.
4. Each of the undersigned acknowledges and agrees that failure to comply with the
terms and conditions contained herein, or to furnish the Bank with proof thereof upon Bank's
request, shall constitute an act of default under the mortgage and/or security agreement executed
by the undersigned in connection with this loan transaction, which default shall entitle Bank to
any and all remedies, including the acceleration of the unpaid balance of the loan, set forth in the
said mortgage and/or security agreement.
By. RN-A Q W\
Roger 'b. Morrison Date
Page 2 of 2
EXHIBIT `C'
JORDAN D. CUNNINGHAM CUNNINGHAM & CHERNICOFF
RC HERSHEY TELEPHONE
ROBERT E. CHERNICOFF ,
. (717) 534-2833
MARC W. WITZIG ATTORNEYS AT LAW
BRUCE J. WARSHAWSKY P.O. BOX 60457 IRS NO. 23-2274135
KELLY M. KNIGHT HARRISBURG
PENNSYLVANIA 17106-0457
TRACY L. UPDIICE , Street Address:
2320 N. 2nd Street
Harrisburg, PA 17110
TELEPHONE (717) 238-6570
FAX (717) 238-4809
Writer's Direct Email:
biwAcclawoc.com
July 21, 2008
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND REGULAR MAIL
Mr. Roger D. Morrison
3242 Enola Road
Carlisle, PA 17013-9545
Re: NOTICE OF DEFAULT AND RIGHT TO CURE
Loan Account Number: 6150916
File No: 606806
Dear Mr. Morrison:
Please be advised that I represent the interests of Centric Bank f/k/a Varian National Bank
in the collection of monies due and owing under the above-reference loan account under that
certain note dated February 14, 2003 ("Note"). The above account is now twenty-three (23)
months past due. Our records indicate that your next due payment date is August 14, 2008, and
you have a past due balance as of July 21, 2008, totaling $63,327.91 (past due principal amounts
plus interest and late charges) plus attorney's fees to be determined.
Enclosed is your Act 91 Notice.
You have thirty (30) days from the date of this letter to either (1) pay your past due
balance of $63,327.91 plus any interest of $72.39 per day and attorney's fees and costs associated
with this collection or (2) if you cannot pay the balance due and owing within the given time
period, contact me and advise me of when you can pay the full balance due and owing.
CUNNINGHAM & CHERNICOFF, P.C.
• ATTORNEYS AT LAW
Mr. Roger D. Morrison
July 21, 2008
Page 2
If you fail to either pay the past due balance of $63,327.91 plus any interest at $72.39 per
day and attorney's fees and costs incurred as a result of this collection or contact me and advise
me of when you can pay this balance within thirty (30) days from the date of this letter, we may
proceed with mortgage foreclosure proceedings on your property located at 3242 Enola Road,
Carlisle, PA 17013 based upon the mortgage executed contemporaneously with the Note.
Should you have any questions or concerns regarding your rights in this regard, please
contact your attorney.
Very truly yours,
INGHAM &`C?HERNICOFF, P.C.
Bruce J. W shawsky
BJW/ja
Enclosure
cc: Doris K. Ney
Lawrence G. Frank, Esquire
F:1Home\BJW1DOCS\CentricBank\Roger Morrison0amand lettermpd
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
DATED: July 21, 2008
This is an official notice that the mortgage on your home is in default and the lender
intends to foreclose, Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This Notice explains how the program works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take
this Notice with you when you meet with the Counseling Agency.
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 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
to you. You may also want to contact an attorney in your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES EFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARIBA, PUEDES SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM 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: Roeer D. Morrison
PROPERTY ADDRESS: 3242 Enola Road, Carlisle, Pennsylvania 17013
LOAN ACCT. NO.: 6150916
ORIGINAL LENDER: Centric Bank
CURRENT LENDER/SERVICER: Centric Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date
of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for
the country in which the property is located is set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific information about the nature of your default). If you have tried and
are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency 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 completed application to the Pennsylvania Housing Finance Agency. Your application
MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
3242 Enola Road, Carlisle, Pennsylvania 17013.
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due: September 14, 2006 to July 14, 2008, in the amount of $60.437.33 ($2,627.71 x 23
months
Other charge (explain/itemize):Unpaid late charges of $2,890.58
TOTAL AMOUNT PAST DUE:$63,327.91 plus interest at $72.39 per day from July 21 2008
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
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 $63,327.91, PLUS
INTEREST AT $72.39 PER DAY FROM JULY 21, 2008, 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
Centric Bank
3601 Vartan Way
Harrisburg, PA 17110
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of the date
of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the
entire outstanding balance of this debt will be considered due immediately and you in 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 mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sole 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 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 THIRTY (30) DAYS,
you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the sheriff's Sale. You may do so by paying the total amount
then past due, plus any late or other charges then due, reasonable attorney's fees and costs associated 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 beapproximately three (3) months from the date of this Notice.
A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly what the required payment
or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Centric Bank f/k/a Vartan National Bank
Address: 3601 Vartan Way, Harrisburg, PA 17110
Phone Number: (717)909-8308
Fax Number: (717)657-7748
Contact Person: Connie L. O'Hara, Collections Manager
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may 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 THE 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 T HAN 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 DEFENSE YOU BELIEVE MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Adams County Interfaith Housing Authority
40 E. High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
lk
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5`' Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
800.342.2397
F:\Home\BJW\DOCS\CentricBank\Roger Morrison\ACT 91 FORM.wpd
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CENTRIC BANK
f/k/a VARTAN NATIONAL BANK,
V.
Plaintiff
ROGER D. MORRISON,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA -,
NO: 10-7030
CIVIL ACTION
ACCEPTANCE OF SERVICE
I, Lawrence G. Frank, Esquire, accept service of the Complaint on behalf of Roger D.
Morrison and certify that I am authorized to do so in accordance with Pa. R.C.P. 402.
By:
La ce G. Frank, squire
Thomas, Long, Niesen and Kennard
212 Locust Street
Suite 500
Harrisburg, PA 17101
Dated:
F:\Iiome\BJW\DOCS\CentncBank\Roger Monrison\Acceptance of Servicempd
CENTRIC BANK IN THE COURT OF COMMON PLEAS
f/k/a VARTAN NATIONAL BANK, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO: 10-7030
V. CIVIL ACTION - 3
z? c7 -
ROGER D. MORRISON, -<> o r? rn
r- c? CD
Defendant
°? .. _ M
STIPULATION FOR ENTRY OF JUDGMENT IN MORTGAGE FORECLO$1JRe
The Plaintiff, Centric Bank Oda Vartan National Bank ("Centric"), by and though its
undersigned attorneys and the Defendant, Roger D. Morrison ("Defendant"), by and through his
undersigned attorney, hereby stipulate to entry of an in rem Judgment in mortgage foreclosure
(Count 1) in the captioned actions as follows:
On November 4, 2010, Centric filed the captioned action against the Defendant
for two (2) Counts. Count I, an in rem action in mortgage foreclosure and Count
II, an action for breach of contract.
Centric and the Defendant have agreed to stipulate to entry of a Judgment in
mortgage foreclosure in the captioned action.
WHEREFORE, Centric and the Defendant request this Court to enter an Order granting
Centric's in rem mortgage foreclosure action and entering an in rem Judgment in mortgage
foreclosure (Count I) against the Defendant and in favor of Centric for the amount of FOUR
HUNDRED FIFTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS AND
SEVENTY-NINE CENTS ($451,450.79) as of OCTOBER 25, 2010 as of October 25, 2010, plus
interest at the rate of Thirty-Two Dollars and Ninety-Two Cents ($32.92) per day after October
25, 2010, plus additional attorney fees and expenses and other expenses and amounts to which
Centric is entitled under the agreement and documents that evidence and secure the amount owed
to Centric by the Defendant or is otherwise entitled at law, through the date of payment of the
full amount owed to Centric by the Defendant, including on and after the date of entry of entry of
Judgment pursuant to this Stipulation and for costs and for foreclosure and sale of the tract of
land, together with any buildings and improvements, located at 3242 Enola Road, Carlisle,
Lower Frankford Township, Cumberland County, Pennsylvania - Tax Parcel Number 14-04-
0383-048A, as more particularly provided in the Centric's Complaint filed in this action.
CUNNINGHAM & CHERNICOFF, P.C.
By: N AMK
Bruc J. ars awsky, Esquire
2320 North Second Street
Harrisburg, PA 17110
Date: December7l , 2010
Attorneys for Plaintiff
THOMAS, LONG, NIESEN AND
KENNARD
By.
Lawren G. Frank, squire
212 Locust Street
Suite 500,
Harrisburg, PA 17101
Date: December W , 2010
Attorneys for Defendant
F:\Home\BJW\DOCS\Centric Bank\Roger Morrison\Stupulation for Entry of Judgment in Mortgage Foreclosure.wpd
U'.44 l 3 /Oil
s
CENTRIC BANK IN THE COURT OF COMMON PLEAS
f/k/a VARTAN NATIONAL BANK, CUMBERLAND COUNTY.
PENNSYLVANIA
Plaintiff
NO: 10-7030
.,,
V : CIVIL ACTION
. :zm
?
ROGER D. MORRISON,
Defendant
rw y ...]
ORDER
?? ?
AND NOW, this L day of ?G1-1UM-y , 20/,/ , upon consideration of the
Stipulation for Entry of Judgment in Mortgage Foreclosure between the parties filed in this
action, IT IS HEREBY ORDERED that the Stipulation is approved and Judgment is hereby
entered on Count I, an In Rem Judgment in Mortgage Foreclosure against the Defendant and in
favor of the Plaintiff, Centric Bank fWa Vartan National Bank ("Centric"), for the amount of
FOUR HUNDRED FIFTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS AND
SEVENTY-NINE CENTS ($451,450.79) as of October 25, 2010, plus interest at the rate of
Thirty-Two Dollars and Ninety-Two Cents ($32.92) per day after October 25, 2010, plus
additional attorney fees and expenses and other expenses and amounts to which Centric is
entitled under the agreement and documents that evidence and secure the amount owed to
Centric by the Defendant or is otherwise entitled at law, through the date of payment of the full
amount owed to Centric by the Defendant, including on and after the date of entry of this Order
and for costs and for foreclosure and sale of the tract of land, together with any buildings and
improvements, located at 3242 Enola Road, Carlisle, Lower Frankford Township, Cumberland
County, Pennsylvania - Tax Parcel Number 14-04-0383-048A, as more particularly provided in
the Plaintiffs Complaint filed in this action.
DISTRIBUTION LIST
Bruce J. Warshawsky, Esquire - Cunningham & Chernicoff, P.C., 2320 North Second Street, Harrisburg, PA 17110
'/Lawrence G. Frank, Esquire - Thomas, Long, Niesen and Kennard, 212 Locust Street, Suite 500,
Harrisburg, PA 17101
F:\Home\BJW\DOCS\CentricBank\Roger Morrison\Order.Mortgagempd L- 1 ' ?OI
I
DIE&
'JAN 0 3 ?f111
CENTRIC BANK IN THE COURT OF COMMON PLEAS
f/k/a VARTAN NATIONAL BANK, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO: 10-7030
r-,
V. CIVIL ACTION - 3 G
Co -.:+._7
r?1 _n
? -am
ROGER D. MORRISON, ° CD-a
Defendant's ca
STIPULATION FOR ENTRY OF JUDGMENT IN MORTGAGE FORECLO?CR
The Plaintiff, Centric Bank f/k/a Vartan National Bank ("Centric"), by and though its
undersigned attorneys and the Defendant, Roger D. Morrison ("Defendant"), by and through his
undersigned attorney, hereby stipulate to entry of an in rem Judgment in mortgage foreclosure
(Count I) in the captioned actions as follows:
On November 4, 2010, Centric filed the captioned action against the Defendant
for two (2) Counts. Count I, an in rem action in mortgage foreclosure and Count
II, an action for breach of contract.
2. Centric and the Defendant have agreed to stipulate to entry of a Judgment in
mortgage foreclosure in the captioned action.
WHEREFORE, Centric and the Defendant request this Court to enter an Order granting
Centric's in rem mortgage foreclosure action and entering an in rem Judgment in mortgage
foreclosure (Count I) against the Defendant and in favor of Centric for the amount of FOUR
HUNDRED FIFTY-ONE THOUSAND FOUR HUNDRED FIFTY DOLLARS AND
SEVENTY-NINE CENTS ($451,450.79) as of OCTOBER 25, 2010 as of October 25, 2010, plus
interest at the rate of Thirty-Two Dollars and Ninety-Two Cents ($32.92) per day after October
25, 2010, plus additional attorney fees and expenses and other expenses and amounts to which
Centric is entitled under the agreement and documents that evidence and secure the amount owed
to Centric by the Defendant or is otherwise entitled at law, through the date of payment of the
full amount owed to Centric by the Defendant, including on and after the date of entry of entry of
Judgment pursuant to this Stipulation and for costs and for foreclosure and sale of the tract of
land, together with any buildings and improvements, located at 3242 Enola Road, Carlisle,
Lower Frankford Township, Cumberland County, Pennsylvania -- Tax Parcel Number 14-04-
0383-048A, as more particularly provided in the Centric's Complaint filed in this action.
CUNNINGHAM & CHERNICOFF, P.C.
By: IhA
Bruc J. ars awsky, Esquire
2320 North Second Street
Harrisburg, PA 17110
Date: DecemberV , 2010
Attorneys for Plaintiff
THOMAS, LONG, NIESEN AND
KENNARD
By.
Lawren G. Frank, squire
212 Locust Street
Suite 500,
Harrisburg, PA 17101
Date: December 'W , 2010
Attorneys for Defendant
F:VHome\BJW\DOCS\Centric Benk\Roger Morrison\Stupulation for Entry of Judgment in Mortgage Foreclosure.wpd
NAUMAN, SMITH, SHISSLER & HALL, LLP
By: J. Stephen Feinour, Esquire
Attorney I.D. No. 24580
200 North Third Street, 18`h Floor
P. O. Box 840
Harrisburg, PA 17108-0840
T: (717) 236-3010/F: (717) 234-1925
CENTRIC BANK f/k/a
VARTAN NATIONAL BANK,
Plaintiff
V.
ROGER D. MORRISON,
Defendant
?t 11 ?1AY -9 Phi 3.
t;1 FHB Yt A Its
s
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: No. 2010-7030
PRAECIPE TO SATISFY JUDGMENT
To the Prothonotary:
Mark the judgment entered January 5, 2011, in favor of Plaintiff, Centric Bank f/k/a Vartan
National Bank, in the amount of $451,450.79 in the above matter satisfied.
NAUMAN, SMITH, SHISSLER & HALL, LLP
ByZ-.I,L- L_? '
Date: May 6, 2011
14. ephefi Feinour, Esquire
preme Court I.D. No. 24580
200 North Third Street, 18th Floor
P. O. Box 840
Harrisburg, PA 17108
Telephone: (717) 236-3010
Counsel for Plaintiff,
Centric Bank f/k/a Vartan National Bank
0,0?,o 14(