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HomeMy WebLinkAbout12-6597IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE~~INSYLVAN[A FARMERS AND MERCHANTS TRUST CNIL DIVISION CO. OF CHAMBERSBURG, 1 _ C `~ ~~ ~ t NO.: la~ U1J~ Plaintiff, vs. TYPE OF PLEADING NICHOLAS W. GARDNER a/k/a NICHOLAS GARDNER, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE ,, ~~ `.., .:'~ -- ~_ -- .. FILED ON BEHALF OF': Farmers and Merchants Trust Co. of Chambersburg, Plaintiff To: DF:FE~~A~.Tcsl COUNSEL OF RECORD FOR THIS YOU ARP. HEREI3Y' NOTIFIED TO PLEAD TO THE PARTY F.NCLOSEDCOMPLAINT WITHIN TWEN'I~Y(20)DAYS FROM SER Clc IIIiREOF ORA Y)EFAULTJUDGMENT SVott A. DletterlCk, Esgtillre MAY BE F 'I~RFDA rC~INSTYOU. Pa• I•D• #551J50 Kimberly A. Bonner, Esquire 6'~ /~.,~~ Pa. LD. #89'705 I HF,REI3Y CLR"f IPY T'HAT1'HE ADDRESS of THE PLA-riTIFF Is: JAMES, SMITH, DIETTERICK & P.o. pox bolo CONNELL,Y LLP Chambersburg, PA 17201 AVDTIILDEFENllANT(S): P.O. BOX 6SO 38 Jumper Road ~ Hershey, PA 17033 Shippensburg, PA 17257 {; ATTORNFY FOR PLA[NTIFP (717) 533-3280 CERTIFICATE OF LOCATIONV I HEREBY CERTIFY THAT THE LOCATION OF THE REAL, ESTATE AFFECTED BY TH[S LIEN IS 38 .Jumper Road, Shippegsburg, PA 17257 r, !~ ATTORNEY FOK PL ___ ~I u~ ,~ ~I a/~ ~a.w~ ~ ~~ dga~31r IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSt1ANT TO THE, FAIR DEBT COLLECTION PRACTICES AC'T, 15 U.S.C.~~' 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF' THE DEBT (:~R ANY PORTION THEREOF', IF DEFENDANTS} 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 WIL L 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 DEI3T. EVEN THOUGH THE LAW :PROVIDES '~~HAT 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 TF[E EXPIRATION OF THIRTY ~,0) 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 RE(~EIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE. OUR EFFORT5 (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WF, MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR R][GHTS 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: vs. NICHOLAS W. GARDNER a/k/a NICHOLAS GARDNER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 maybe entered against you by the court without fizrther notice; for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or propf;rty or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAW'i'ER AT ON(~E. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HI]E~ING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL, SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMGN PLEAS O]r CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: vs. NICHOLAS W. GARDNER a/k/a NICHOLAS GARDNER, Defendant. AVISO LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea de;fenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proxilnos veinte (20) Bias despues de la notifacacion de Mesta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya.. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y tim fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded a otros derec;hos importantes para usted. LISTED DEBE LLE~IAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI t1STED NO TIENE 1JN ABOGADO O NO PUEDE PA,GARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAF,. ASISTEN('IA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: vs. NICHOLAS W. GARDNER a/k/a NICHOLAS GARDNER, Defendant. CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust Co. of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: The Plaintiff is Farmers and Merchants Trust Co. of Chambersburg, wit4~ a principal place of bus~,iness at P.O. Box 6010, Chambersburg, Pennsylvania 17201. 2. The Defendant, Nicholas W. Gardner a/k,ia Nicholas G'~ardner, is an adult individual whose last known address is 38 Jumper Road, Shippensbw-g, Pennsylvania 17257. 3. On or about June 24, 2005, Defendant executed a Promissory Note 4_"`Note") in favor of Plaintiff in the original principal amount of $72,768.83. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 24, 2005, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $72,768.83 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 28, 2005, in Mortgage Book Volume 191.2, Page 2144. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit '"B", attached hereto and made a part hereon. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage ancl. Nute for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about September 17, 2012, Defendant was mailed a Notice of Homeowners' Emergency Mortgage Assistance Act of 1 983, in compliance with the Homeowner's Emergency Mortgage .Assistance Act, Act: 91 of 1983. A true and correct copy of said Notice is marked. Exhibit "C, attached hereto and made a part hereof. 8. On or about September 17, 2012, Defendant was mailed a Notice of lntention to Foreclose Mortgage in compliance with Act 6 of 1974, 4~1 P.S. X101, et seq. A true and correct copy of said Notice is marked Exhibit "D", attached hereto and made a part hereof. 9. The amount due and owing Plaintiff by Defendant is a~~s follows: Principal $ 49,646.52 Interest through 10/19/2012 $ 294.35 Late C"harges $ 1,179.0() Act Notice Fee $ 50.00 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 52,879.87 plus interest on the principal sum ($49,646.52) from October 19, 2012, at the rate of $9.50 per diem, plus additional late charges, and costs (including additional escrow advances~p, additional attorneys' tees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORI?, Plaintiff demands judgment in mortgage foreclosure for the ~ mount due of $52,879.87, with interest thereon at the rate of $9.50 per diem from October 19, 2012 plus additional late charges, and costs (including additional escrow advancf~s), additional attorneys' fees and costs and for foreclosure and sale of the mortgal;ed premises. JAMES, Dated: i ~--___~ ' BY: ~ V Scot 1~. etterick, Esquire PA LD. # 5650 Kimberly A. Bonner, Esquire PA LD #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CK & CONNELLY LLP THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY' INFORMATION c~BTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE PrinCipat Loan Da`.e- ~ Maturity S~Z,768.83~6 24 ~n~ ~:07-Ora-240 ~' loan No ~ caitlCwE Account Officer, ~ 3nitlals _ 1 RF ~ ~ ~' MIS r : References in the shaded area are for Lender's use onl y and do not limit the applicability of this document to any particular loan nr nett. Any item above containing ""'" has been omitted due P> text length limitations. Borrower: Nicholas 1N. Gardner (SSN: 209-56-9290) LendeC Farmers and Merchants Trust Co. of Chambersrnary 38 Jumper Road Shippensburg Office Shippensburg. PA 17257 20 South Main Street P. 0. Boz 6010 Chambersburg, PA 1 7 201-6010 {7171264-6116 _------- Principal Amount: 572,768.83 Interest Rate: 7.000°L:r Dave of Note: June 24, 20C15 Maturity Date' July 5. 20:%0 PROMISE TO PAY. I i"Borrower"} promise to pay to Farmers and Merchants Trust Co. of Chambersburg ("Le~.nder"1, or order, in lawful money of the United States of America, the principal amount of Seventy-two Thousand Seven Hundred Sixty-eight & 83/100 Dollars ($72,768.83), together with interest at the rate of 7.000 % per annum on the unpaid principal balance from June 29, 2005, until paid in full. The interest rate may change under the terms and conditions of the "PREFERRED RATE REDUCTION" section. Unless waived by Lender, any increae.e in tiro interest rate will increase the amount of my final payment. PAYMENT. I will pay this loan in 180 payments of $655.08 each payment. My first payment is due August 5, 2005, and elf sutisequent payments are due on the same day of each month after that. My final paymem will be due on July 5, 2020, and wilt be for all principal and all accrued interest not ye~: paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payment::: will hr. applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days ir. a year, multiplied by the outstanding principal balance, mutiplied by the actual number of days the principal balance is outstanding. I wilt pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREFERRED RATE REDUCTION. The interest rate on this Nole includes a preferred rate reduction. Following is a description of the event that would cause the preferred rate reduction to terminate and how the new rate will be determined upon termination of the preferred rate reoucti[c Description of Event That Would Cause the Preferred Rate Reduction to Terminate. :,topping the automatic draft from an F&M arceunt and/or termination of Freedom account. Haw The New Rate Will Re Determined Upon Termination of the Preferred Reduction. 'oy 0.25% for terminating the Freedom account or by 0.50 % for sioppmg the automatic draft. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments v.~ill reduce. the principal balance due and may result in my making fewer payments, I agree not to send Lender payments marked "paid in full", 'without recourse", or similar language. If 1 send such a payment, Lender may accept it without losing any of Lender's rights under this Note, end 1 vain remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, includine any ~:heck or otner payment instrument that indicates that the payment constitutes "payment in full" of the amoun? owed or that is tendered w!th ob!er renditions or limitation; or as full satisfaction of a disputed amount must he mailed o~ delivered to: Farmers and Merchants Trust Con,pant~ c" Chambersburg, F. C. box E010 Chambersburg, PA 17201-601C. LATE CHARGE. If a ne.yment is 16 days or more late, I will be charged 5.000°!0 of the regularly scheduled payment. INTEREST AFTER DEFAULT, Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest fn>rc the pate of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Nate, interest wit! cominue to aecroe on this Note after judgment at the existing Into rssf roe provided for in -his Note.. DEFAULT. i will be in 9efault under this Note if any of the following happen: ?ayment Default. I tail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the mariner prt:~videc. in this Note or in and agreemem related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me nr on my behalf under this Note or th:: re:a:.ed documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent: a receiver is appointed for any part of my property; I make an asp::igr.mi:~nt. for the benefh of creditors; or any proceeding is commenced either by me or against me under eny bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property In which Under has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute In good faith whetter the claim. on which the taking of the property is based Is valid or reasonable, and if I give Lender written noti oe of the claim and furnish Lender vaith monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will net apply. Defective Collateralization. This Note or any of the related documents ceases to be in full Terre and effect (including failure of env c.ollav: rat document to crew,:e a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the. Iota thsft, substantial damace or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs whit respect to any guarantor, endorser, surety, or accommodation partv o`: any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or re•,~okes or disputes the valid,ty of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Ler d:~i, at ns option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the qua ratty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, c)eclare the entire unpaid pnrc:pal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. lender may hire or pay someone else to help colter: this Note if I do not pay. I will pay Lender that amor:nt. This includes, subject to any limits under applicable law, Lender's attorneys' tees and Lender's legal expenses, whether or not there is e laws.rit. including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay nr ~.njcnctlon;. +nd appeals. If not prohibited by applicable law, I also will pay any court costs, in addhion to all other sums provided by law. GOVERNING LAW. Tnis Note will be governed by federal law applicable to Lender and, to the extent not preempted 6y federal taw, the taw: of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Ta the extent permitted oy applicable law, Lender reserves a nght of setoff in all my accounts with L.cnrer ;whether the ;king, savings, or >ome outer account}. This includes all accounts I hold jointly with someone else and all accounts 1 may open in tF~c bu t,~re. Floe~,~ever, this does no*, include any IRA or Keogh accounts, or any trust accounts for which setoff would he prohibited by law_ I authrize Len ;er, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such axoimts. COLLATERAL. I acknowledge thls Note is secured by the following collateral described in the security instrument listed herein: <+ :'AOricage d atr:d .tune 74, 2005, to Lender nn real property located in Cumberland County, Commonwealth of ?ennsylvania. PROPERTY INSURANCE. I understand that ! am required to obtain insurance for the collateral securing this Note. Further in!o~matlon concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions r which. are hen~by incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, succsss;nrs and ass:gns, and shall inure to the benefit of Lender and its successors and assigns. 6-"Orf:TOi~' noag ~Tpaz~ - 3sniS laea 969ET9ZLTLT 3fHJ LT ~8 Ic1 :.,,C; 5l/OT PROMISSORY NOTE (Continued} Page 2 GENERA-~ PROVISIONS. Lender may delay or forgo enforciny any of its rights yr remedies under this Ncte without losing them. I and any z~tner person wno signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and native vi drsnc:or iJpon any chang= in the terms of this Not°, and unless otherwise expressly stated in wrring, 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 e;ctend irepeatediy and for any length of timel this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenders security merest in ?he collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the parry with wham the modification is made. The obligations under this Note are joint and several. T'~is means that the woca:: 'I", `me", ar.d "my" mean each and all of the persons signing below. PRIOF; TO SIGNING THIS k:OTE. I READ AND UNDERSTOOD ALL THE PROVISIONS OF TIiIS NOTE. I AGREE TO THE TERMS OF THE NO"CE_ I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTTiUTE A,ND HAVE THE EFFECT O'r A SEALED INSTRUMENT ACCORDING TO LAW. -~ X~"rV ~9~rz.2rrw't .. ___ _ _:ISeal) Nichclas W. Gardner LEN C EF FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG /~ 7 X .Z/~j/~_ ~~tharized-~ ~~ ` ---- __..__. ... ~a"~o~ .9..,...~s.W.oR ~,,.~..M....«„m...~z.~~,.n~. ,~rewen..,..a.... ~,~.nn~p."„9~ M.„r - _~-_~ bT O.tZO('~: nowt TTp a.-D - ~}snsy H93 9E9£19ZLZLT Xt33 6Z ~9 Z?Ic .. .., _~ 5I/OT EXHIBIT "B" Parcel Identi`ication Number: RECORDATION REQUESTED BY: Farmers and Merchants Trust Co. of Chambersburg Shippensburg Office 20 South Main Street P. O. 6ax 6010 Chambersburg, PA n zc 1 -sol o WHEN RECORDED MAIL TO: armers and Merchants Trust Cc- ni Chambersburg Shippensburg Oifice 20 South Main Street °, C. Box Ii010 Chambersburg, PA 1 7 201 -601 0 .I ,; ~~; 1 y.- SEND TAX NOTICES TO: I. '. Nicholas Gardner 38 Jumper Road Shintiensburq PA 17257 FOR F:ECORDER'S USE ONL'_ MORTGAGE ,, ~' Amount Secured Hereby: 572, ?68.83 THIS MORTGAGE dated June 24, 2005, is made and executed between Nicholas Gardner, whose address is 38 Jumper Road, Shippensburg, PA 17257 (referred to below as "Grantor') and Farmers and Merchants Trust Co. of Chambersburg, whose address is 20 South Main Street, P. O. Bax 6010, Chambersburg, PA 17201-6010 (referred to below as "Lender"{. GRAN7 OF MORTGAGE. Far valuable consideration, Grantor grants, :,argains, sells, conveys, assigns, tray+.-' ra. .ei2,~~< . ..___.::^nfi~mn and ,rortgages to !ends! all of Granmr's nght, title, and interest n and to the folior:~ma des crbr real property, -:ooether with ail existing or subsequently erected or affixed buildings, improvements and i~~.tur'.s: s~reets_ an9s_ alleys, passages, and ways; all easements, rights o1 way, all 6nerties, privitege5, tener~ -., heredramants. and zppurtenances Thereunto belonging or enyw~rse made a,;purtenant hereafter. snd the reversro rem amass: with respect Yhereto: all water, water rights. watercourses and ditoh rights hncludiog stock in uti!itirs ~~...~ t ? ~ i at or. rights); and ail other rights rr zhie arc p~ o is Irt- to to the rea prei~erty. inc.c,ding vr+.,,., i-. :r +i atior a I .. .... ,. .,. ,,. qae, ,•go•hp••••?, '^:! `•••(:.. .at'." Irf~_ "R, al -Prnnarty") IoCatee+ in ('.llmk)?rlan C! County, Commonwealth of Pennsylvania: See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as i fully set forth herein. The Real Property or its address is commonly known as 38 Jumper Road, Shippensburg, P,", 17257. ~•d^,c' c ..se qtly ass~q^s to Lerde~ ail o ~ Grantor'=. ~.gM, uJe and interest m and a`. prase~t and *utur ass= ~+ t Prt~nr~ty and al', Rents from the Pronerty~ !n addr[ion, Grartcr c_;rants t: _errier a Uniform Commercial Cod:: s~c., •.. inter~es-~in. the ~efSOndl Property and neit[5. THIS MORTGI~GE. INCLUDING TH£ ASSIGNMENT OF RENTS AND TFIE SECURITY INTEREST IN TH£ RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND t6) PERFORMANCE OP ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUMi OF 572.768.8, THE RELATED DOCLMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOVJINC?. TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provideU in t~r> fV,or toage. Grantor shall nac to Len;;e~ a~ amcuns .~ecrred by this Mortgage as they becom_ riue and shop. stricT:) ^,.rf orrn all e` Gran;o~.s obliga ~, . u~.oer 'hr Morgae~--. POSSESSION ANU MAINTENANCE OF THE PROPERTY. ~,rin;ur agrees ti,at ._ntor? poesassior <~~d t.ss~ -a. 'r. Proocr:q shat( De governed bV the following provisions: Possession and Use. Until the ve;;urrence of an Event of D=foul'. Grantor may ill rernam in possession cn rtro; nt the Property; 121 use, opsrate or manage the P-eperty; a t^ (3S cnilect the Pents from t Propene Guty to IVlaintatn. Grantor shall maintain the Property ,n eonr r.nndib^o and nrcmh*.ly perfc ~ ~~, _,~.,i rnp.aceirrmis, and maintenance necessary to preserve its value, Compliance With Environmental Laws. Grantor represents and warrants to Lencer ti~at. ~ I) ~ th~ ; Grant^_r's ownership of the Property, There has been no use, gcneratinr. manufacture, sl drays, ve-atment, .. . release or threatened release of any Hazardous Substapce by any person on, under, about or from. the Frr( ,~, Grans ar has no knowledge o-, ~~r reason To believe, tnat there pas been, axcepr as previously d~sclc~ca n acknowledged by Lender In writln~, (at any breach ;;r ~.~iciatton o` eny ~nviranmental Laws. (bi anv _~,. ^ersnon. manufacture, storage, treatment. disaesaL release or t~-,re atened release of any Hazard xis ~.,.., r,r ~,.ndar, about or from the Property by any prior ovrn~rs nr o c .ants o' +he Pre p..rty, er ~ a ~~ acre :; c tens atone", litigation a claims of any kmd by anv persc ~e.`atma t~ s.~ch matters and 4~ Exce z: c -- r~... _.ncloseo to ono acknowledged by i_ender in writing, ;a oe'the.r G-.~~tor ncr any tenant c_rtvacto agent nr ~rre~ :. _J riser o+. sie Profer`y s7a'I use, gen=rate. ma astu re. -~ ttOdt. d-apnsc c4 ~,~ releas - iy Wa.a~r :~rr; Sv^ ~an^e on. under, about or from the Property; and (bl any su ~acticity shall be conducted In ;rnp6ana: u~t'.- •. .:pnl.^aMe tederai, state, anc local lams, regula=ons and ordinances, inrlr~dng w:[itou iir.-~~ta+ncr to iJ.'f`!'.nCa'. L2VJo- Grantor atlthCrt2dS LP.rGer an age^,: ., ?a1er uDCn th YroDert~ r^~Rki~ _ i m6p ation~ and tests. at Grants is axpense as Land.. '-ray dern appr^ona'te in dEta-m(na rnn ,~-~c; r. r , Prno=>r n' ~r~rth this sectioe o` ti:e Mortgage. .,- ms c~inns n .~¢sts mide ny ._e tC-.r ,,hall t -. in _ .i--. vu ~ ~..a. on~y and shall not be c^n•strued to create any ; ..bnsbi, t ~laoi ., : r the ui - of 'renrie _ ~ _rr. ~.r ~... MORTGAGE {Continued) Page ~? to any other person. The representations and warranties contained Herein are bases en Grantor's due diliyence: in investigating the Property for Hazardous Substances. Grantor hereby i1) 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 i21 agrees to indemnify and hold harmless Lender against any and all claims, losses, i+abilities, 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, manufac*.ure, storage, disposal, release or threatened release occurring prior io Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Ivtortgage, including the ohhgatlon to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance cl the 1!en of this Mortgage and shall not he affected by Lender's acquisition of any interest in the~Property, v\~hen her by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer a stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality cf the foregoing, Grantor will not remove, or grant to any other party the right to remove, any tireber, minerals linauoin„ oil and gasj, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Prooerto without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to lender tc. replace such Improvements with Improvements of a~ least equal value. Lender's Right to Enter. Lender and Lender's agents and re presenrrtives may enter upon the Real Property at al reasonable times to attend to Lender's interests and to inspect t:he Real Prooerty for aurposes of Grantcrc'<_ compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordlnar,ces, anc 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 rc 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 sturty bond, reasonably satisfactory m Lender, to pro*e-r Lender's (merest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Properly. Grantor shall do all o[he+r acts, in addition to those acts set forth above in this section, which horn rtte character and use of the Property a:•e reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately doe and payable all snm~. secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of alt or any part of the Rea; Property, ar any interest in the Reaf Property. A "sale or transfer" means the conveyance of Real Property or any rinl-~t. title or interest in the Real Property: whether logos, beneficial or equitable; whether voluntary or involuntary; whetter i;y outright sale, deed, installment sale contract, land contract, wnvact for deed, leasehold interest with a tern great e~ than three i31 years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or tt; any land trust heldine the to the Real Property, or by any other metl;od of conveyance of an interest in the Real Property i-iowever. this notion shall not be exercised by Lender if such exercise is prohihited k:y federal taw or by Penns viva rna lave. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are ;;art of this Mortgage. Payment. Grantor shall pay when due land in all events pr~or to delinquencyy all saxes, 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. Granter shal maintain the Property free of any liens having priority over or equal to the interest of Lender under this Ntortg age, except for the Existing Indebtedness referred to in this Morttaage or those liens specifically agreed to in writing ;, i.ender, a.~d except for the lien of taxes and assessments not dun as further specified at the Right [a Conte;: paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in conrec*,ion with a good tarts dispute over the obligation to pay, s+~ lorry as Lender's interest in the Property is pct jeopardized- If a :fen a: acs ~~~ is filed as a result of nonpayment, Grantor shall within fifteen (151 days after the lien arses or, if a lien i~ hied within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the Tien, or If requested Lr, Lender, depose with Lender cash or a sufficient corporate surety fiord or other security satisfactory to Lender u, zrr amount sufficient to discharge the lien plus any costs and attorneys fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Granter shall defend itself and Lender and :=.ha'~ satisfy any adverse Lodgment before enforcement against the Property. Grantor shall name Lender as an add~~tiona~ obligee order any surety bond furnished in The contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment d the ta,:.e;. or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a ~,vrittr.r~ statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 1151 days before any work is commenced, an, services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materiaimen's nr. r., o other lien could be asserted on account of the work, services, or materials. Grantor will upon request or L.enne Furnish to Lender advance assurances satisfactory to Lender Lhar Grantor can and wi~l pay the cost o• sue.,. un przwements. PROPERTY DAMAGE INSURANCE. The following provisions relating tc insuring the Propem! -are a pee ,~t thi~.. Mortgage. Maintenance of Insurance. Grantor Shall procure and maintain poi vies of fire insurance wtth standard extende~:± coverage endorsements on a replacement basis for the futl insurable value covering all Improvements or. the rieal Property in an amount sufficient is avoid application of art coinst.: once c,a,;sa, and ~. , „ a standard mongagne ;;louse ir. favor of Lender. Policies shall be written by such Insurance companies and in such form as may be reasonably acceptable Yo Lender. Grantor shall deliver m '~_ender certificates: of coverage from each insurer co ntainin9 a stipulation that coverage will not be cancelle6 0~ diminished without a minimum of tan (101 days' prior written notice to Lender and not containing any disclaimer of *,he insurer's liability for falure to give such nonce.. "tarh insurance policy also shall include an endorsement prov+ding chat coverage in favor of Lender vd tl'. nor oe impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property o:a located in an area designated by the Director of the Federal Emergency Management Agency as a special Hood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after no;.cc Is yiven by Lender twat the Property Ts located In a special flood hazard area, for the full unpaid principal halance +rl MORTGAGE (Continued) Paye r the loan and any prior liens on the property securing the !Dan, uG to the maximum policy limits sec under -hr: 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 tlamage to the Property. Lender rr make prod of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Le ode d,,; security Is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair. Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. -Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under [his Mortgage. Any proceeds which have not been disbursers within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Prapcrt•; 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 Droceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness descnbed belo~±- a In effect, compliance with the insurance provisions contained it the instrument evidencing such Existing Indebtedness shall constitute compliance with The insurance provisions under this Mortgage, to the ,,xunt compfianc; with the terms of this Mortgage would constitute a duplication of insurance requirement. ~; anv proceeds Isom the insurance become payable on lass, the provisions in this fortgage for division of proceeds s1c; 11 apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails IAI to keep the Property tree of al! taxes, liens, security Intenx;t:~, encumbrances, and other claims, (BI to provide any required insurance on the Property, ICI to make repairs to rl,e Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, the,^. Lender may do so. If any action or preceeding is commenced that would materially affect Lender's interests m the Property, then Lender on Grantor's behalf may, but is not required to, take any anion that Lender believes to tie appropnate m protect Lender's interests. All expenses incurred or paid by Lender for such purposes vvill than ha.a.r interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment i?y Grantor. All s.ich expenses wilt become a part of the Indebtedness and, at Lender's option, will IA) be payable or demand: IBI he added to the balance of the Note and be apportioned among and be payable with any installmerr payments to become due during either ft) the term of any applicable insurance policy; or !2) the remaining term of [he Note; or ICs be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shalt he in addition to any otYuer rights or any remedies to which Lender may be entitled nn account of any default. Any such action 6y Lender seal! nor be construed ~s curing the default so as to bar Lender from any remedy that it otherwise would 'nave had. ~rarr,rn'> 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 e, -itie Mortgage: Title. Grantor warrants that: la1 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 .n the. Existing Indebtedness section below or in any title insurance policy, ntle report, or final title opinion issued ;n fav%.r of, and accepted by, Lender in connection with this ieior[gage, ono ibi Grantor has the foil right pc~~e~, ~~;~; authority ':e execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants anc will forever defend rt~ie- title to the Property against the lawtuf claims of all persons. In the event any action pr proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage; Grantor shall defend the action a' Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shaft be en[itler. tc participate in the proceeding and to be represented in the proceeding 6y counsel of Lender's own choice, a;-ic Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time m erns. to p=emit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies ~^: itY~~ a, existing applicable laws, ordinances, and regulations of governmental authorities. Survival c4 Promises. All promises, agreements, and statements Gramor has made in this; Mortgage shat! surn•/e the execution and delivery of this Mortgage. shalt be continuing in nature noel shall remain in lull force anc efiec~ unti'. such time as Grantor's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The fallowing provisions concerning Existing Indebtedness are a part of Ibis Mortge9;= Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existi~:~rr; lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and r.-~ preveni any default on such indebtedness, any default under the instruments evidencing such indebtedness, or a~~r,~ default under any security documents far sucYi indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mcr[gage or other secur-t,~ agreement which has priority over this Mortgage by which that agreement is modified, amended, extender., renewed without the prior written consent of Lender. Grantor shall neither request per accept any future advance-~•. under any such security agreement without the prior wrrten consent et Lender. CONDEMNATION. The following provisions relating :o condemnation proceedings are a part of this Mortgage Proceedings. If any proceeding in condemnation is filed, Grantor shalt pn,rmptly notify Lender in writing, an Grantor shall promptly ?ake such steps as may be necessary tc detend titz action and obtain the award. Granter may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and tc. b~. represented in the proceeding by counsel of its own choice, and Grantor will d=.liver or cause to be delivered t:> Lender such instruments and documentation as may be requester by Lender from time to time to perni;i su-:I, participation. Application of Net Proceeds. If all or any par: of the Proreriy is condemned by eminent. domain proceedings cr any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion e` tn; net Droceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. 'he~ eel proceeds of the award shall mean the award after payment of all acnra'~ r:osrs, expenses, and attorney-' fee-~ incurred i?y Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES 6Y GOVERNMENTAL AUTHORITIES. the following pmvisin as i..;..,- , to govrrnmen [al taxes, fees and charges are a part pf this P+tortgage~. Current 1"axes, Fees and Charges. Upon request by Lender, Grantor shall execute su rh documents in adti:linri r.. MORTGAGE (Continued} Page ~l 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, toye!:her with ail expenses Incurred in recording, perfecting or continuing this Mortgage, including without limitation elk taxes, fe<a documentary stamps, and other charees for recording or registering this Mortgaye. Taxes. The following shall constitute taxes to which this section applies: f 1) a specific tax upon this type or Mortgage or upon a[I or any part of the Indebtedness secured by this Mortgage; l21 a specific tax on Grantor which Grantor is authorized or required to deduct from payments en the Indebtedness secured by this type n-: Mortgage; i3) a tax on this type of Mortgage chargeable against the Lender o: the holder of the Note; anc i.41 specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Gra nor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this~Mortgays, this event <,hall have the same effect as an Event of Default, and Leander may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (11 Days the tax before it becomes dcfinquent, or 121 contests the tax as provided above in the Taxes and Liens section and deposits with L~.,n~~er cash or a sufficient corporate surety bond or other securty satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a secr!rc~r agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Pmpcnv constitutes fixtures, and Lender shall have all of the rights of a secur_d party under the Ur.ifurm Commerc!al Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to pertec[ and contin[~e Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property renords, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remov?, sever or detach the Persona! Property from the Property. Upon cefault, Grantor shall assemble any Personal Property net affixed to the Property :n a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 131 days after receipt of written demiand from. Lender to the extant permitted t,y applicable law. Addresses. The mailing addresses of Granror ldebtor) and Lender (secured party. from which ini crmatla~. concerning the security interest granted by tilts Mortgaye may be obtarnee leach as required by the Unifnn^ Commercial Codel are as stated on the first page of this Mnrtaage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. Tho following provisions relating to further assurances and additional authorizations are a part of this Mortgaye: Further Assurances. At any time, and from time to time, „pon reques°, of Ler'~deL Grantor will make, execute a.... deliver. nr !Nill cause to be made, executed or delivered, to Lender or to '.ender's designee, and when requested icy Lender, eauss io be tiled, recorded, refiled, or rerecorded, as the case may be, at such limes and in such offices and places as Lender may deem appropriate, any and al! such mortgages, deeds of trust, security deeds. security agreement;„ financing statements, continuation statements, instruments of further assurance, certificates,. .. other documents as may, in the sole opinion of Lender, ire necessary or desirable in order ~;o effectuate, r,nmpl«:'vr, perfect, continue, or- preservr. 111 Grantor's obligations under the Nnte, this Mortgage, and the Related Documents, and (2) the liens and security interests created by This Mortgage on the Property, wheme~ n~.:+ owned or hereafter acgwred by Grantor. Unless prohibited by law or Lender agrees to the contrary in writer«,., Grantor shall reimburse Lender for all casts and expenses incurred in connection with the matters referred to ~.~~ ~ i. paragraph. Additional Auihonzations. if Grantor fails m do any of the things referred tc in the preceding paragraph. ~endei may do so for and in the name cf 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 he nrces:.ar; ,n. desirable, in Lender's sole opinion, Yo accomplish the matters referred to in the preceding paragraph i- ~.s understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays al! the I%febtedness when due, and otherwise performs all the oNigaticr•= imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suit.ahle satisfaction of rCa Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interes~. in the Rents and the Personal Property- Grantor will pay, it permitted by applicable law, any reasonable termination fee. as detarrnined t~y Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under th~s hAortgage =f any of the followirc. happen: Payment Default. Grantor fails to make any payment wnen due under the indebtedness. Default on Other Payments. Failure of Grantor within the tune required by this Mortgaye to make any payrn _~~~r. iu taxes or !nsura ore, or any other payment necessary to prevent filing of nr to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lende~ n' fails to perform promptly at the brie ant. strictly in the manner provided in this Mortgage or in any agreement related to this Mortgace. Fatse Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's hanilD under this Mortgage or the Related Documents is false or misleading in env material respect, either now or at tn~. time made nr furnished. Defective Collateraiization. This Mortgage or any of the Related Documents re ases to be in fu!'. form anti etfer (including '`allure of any collateral document to create a valid and perected security interest or tienl at am; time anC for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a rece!ver Yor any Dan :, Graniols property, any assignment for the bar.afit <,. ,~..,,,,,_ ary ryp~ of .,, dltvr vaorkoc:, ~..r r'n;• cemrne ncement of any proceeding under any bankruptcy or lnsolven y laws by or against Granror. Taking of the Property. Any creditor or governmental agency toes to take any of the Property or any ether ci Grantor-s property in which Lender has a lien. This ir,ciudes taking of, garnishing of ur levying on Granxr'-- accounts vvith Lender. However, if Grantor disputes ir. good faith whether the claim on which the taking o'. fh~= Property Is based is valid or reasonable, and i` Grantor gives Lender written notir.c of the claim and furnished Lender with monies or a surety bond satisfactory to Lender to sausiy the chin!, ?i!en [his default provision ~NII' n;:!. apply. Existing Indebtedness. The payment of any installment o' principal er amy interest on the Existing indehtrdne~::~- MORTGAGE (Continued) Page °> ,.t made within the :tine required by the promissory note widencinc such indebte.".reels, or a del atilt oc: ups :..,.~. the its^um=_nt securing such indebtedness and Is not coved during any appCcable grace period in such instr.rn~ n~. ~~ any- cult or other option is commerced :o foreclose any existing Iler or•, the Property. Breach of Dther Agreement. Any ureach by Grantor under the terms or env other agreement cety/een vran:ci -,~. , ~anJ~• t^.at is not remedied within eny grace period pro iced thersin ~.ncludiny without limitation a rv rqr e:. r• ~, , _~,.:;ennng any Indebtedness or other obligation of Grantot to ~ecder. rvhetfter existing now ar later. Events Affecting Guarantor. Any of the preceding events ocr_urs vnth respect to any guarantor, endorser, a... _,.. ~: accommodation party of any of the Indebtedness or any guarantor, sndorser, surety, or accommodation p:.~t~. pie=_ or ber.:omes incompetent, or revokes or disputes the validity of, or liability under any ~uarant•: ~..• ..:.. indebiedne ss. In the event of a teeth, Lender, at its option- m~aq, but shall not be r.,qu:red perr~~~t t-u. c•.!arantrr s elate to assume once nditionally the obligations online tinder the Guaranty In a manner satisfacarer, '- Lander, a-.d. m doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure- R[GHTS AND REMEDIES ON DEFAULT. Upen the c: curronce o; ar, Event c~`. ^etauL* and at any :tine they=after. Le ride-, at Lenders opton, may exercise any one or more of the follc~ ~ ty r!gYrs an :remedies, in addition to any ether ng'~.'< <.. rem=,dies orovicied by law: Accelerate Indebtedness. Lender snail have the right a: rs op4nn. after -;i g ~rroh vrUres ~ rar~.; urn:: r;. applicable law, to declare the entire Indebtedness rm med~ately hue and payabie. UCC Remedies. With respeo[ to all or any part of the Personal rrr;nert y, Lender s;~all gave all -he n= .,.~. -rmedies of a secured party under the Uniform Commercial Cede. Collect Rants. Lender shall have the right, ronthout novice tc Granror. tc take possession o` the ?~ ~ ,.~~- roliect the Rents, including amounts pas due and unpaid, and apply the net pre ceeas, over and above .._ costs, against the Indebtedness. In furtherance of this nght_ Lender may require any tenant or otlsr us -~_ ?roaery to make payments of ren? or use fees directly to Lende:. ;i the Feats are collected b; ~eno;r tl n: Grantor ir.evocably authorizes Lende- to endorse insvun. s recclvea in payment tix•reuf ~: tl it n- rc u. ,:. ....~ and to net: ntiate the same and collect the proceeds. Payn rents by ta.~nants or other users t:, Ler:der :n r spans-- t - _endcr cdemand shall satisfy the obLga{ions fcr whrch the payments are made, whether or not eny urope- gro,, till `or the demand existed. Lender may exercise ns rights ender this subparagraph either in persor:. by agr~nt. ;.. throuoh a rec!;iver. Appoint Receiver. Lender shall have the right m have a receive: appointed ro take possession of all or any I~ur c. the Prcperty, with the power to protect and pre,;erve the Property, tc operate the Property paecadutc fort. irurr r . _a: and to co•loct the ?eats from iha Prepwrty an~i !apply th t'•oce?ds river and 4oove th- ~s• f tr~a recei~.•ershlp, against The Indebtedness. The receiver may serve wrvae tit Bono if permitted try law. Lennar .. ,c. t e apeoi ntment of a receiver sha;l exist evlrethcr c tic; the a;,part~nt value rf t:.e Properr; nx n ' r~;tebtecuress ivy a subs rantlal amount Empbyment by _ender shat! nos disqualify a person from. serer. as ~. eceiver Judicial Foreclosure. Lender may obtain e judlciai decree fnreclosiny Grante•~s ~.nteresr Ir alt c' an}~ pa~f i. ~~~nert~.~, .Ronfudmial Safe. I+; e~m._*.ed by .,pp ir_ahla I=.w I_enne- r - ~~ fnreci .. Kira n[o i~~,terest r t'.I .;r n ~ y p~'.r' ~~ ^rs:;nal Property or the Real Property by non-jadicias sale. Deficiency Judgment. Lender may obtain a rucigment "ter any defer iency remainmG m Lnr-: Indebtedne e. .r.... ., _e riper after application of all amounts receivefi from :hc e>:eroise of the ri_rhts provided In this eoctio;t- Tenancv at Sufferance. If Grantor remains ie possessrx of the Property after the Property is sold as provcrer. above or Lender otherwise becomes entitled to possession of tree Property upon default of Grantor, Grento• trial ., -.~cemc a tenam at sufferance of Lender or the purchaser of the Property ant shall, at Lender'<_ opr.on, eiti•.er nay a reasonable rental for the use of the Prcperty. v: 12i vacate :he Propert;• immediataiy upon the :iemami ;: _~nGer. Other Remedies- Lender shall ha•/e till other ri Jr•.ts anti rc medies pr vucd in Gr.s f~Aoriga c nr the N.:e o. ~, ~.u .,,_. a~ law or in equity. Sale of the Property. To the ox",p tit permitted 'oy applicable la•nr, Grantor hereby waives any and al! righ,l ;_, Ira :~~, Coe ?reparty marshalled. In exercising its rights and rrmadies. Len^.er shall oe free to soli alt or env ur+r~ ns !, ~r ProperTyr _ogerher or separately, in tree sale cr by sepa~a .cares. erecter she ~ FF entitled t-~ die =t r ~ ;nth°:. ,,~ alt w any portion o` the Property. Notice of Sate. Lender will glue Ciraninr reasonable notice of the tir,;a and place of any public sale ^' me r~ersr:a 'vopPrty or of the time aftr_r which any private sale or other intended dlspositian of tree Personal Property I• _. made. Unless otherwise required by appi{cable law, reasonable notice shall mean nonce given ai leas' ter. ~' 0 ^avs befe-e the time of the sale or eispos7tior.. Nm; sale r.` the Personal Property may be made ur c t!unetic=r -ro~ ~. any sale of the Real Property. Election cfi Remedies. All of Lender's rights and rerneoiar- will oe :;umulauve and mats be exercised u~n• t;rcether. An election by Lender to choose any one remed•,~ will not oar Lender from using any ot~er r~ .- L ender decSdes to Spend money or to perfon~r any of Grantor's obligations under this M+ortgage, r.fter ~~ra tit tailors to do so, that decision by Lender swill nn' affect :rid=_r' poi- m paci~.re Granm~ in default and'. _=nde!s remedies. Attorneys' Fees; Expenses. If Lender msvtutas any cwt or actior er'~-rrc arty of tree terms o i i Fdio•t_i-_i'. .. ~nndor shall be enti*.led to recover such sum as the cc ~e•,- ss - rata: ~.. b:a a., ,.., nays' a ~c cra~~ m-- ..;_~ m env appeal. Whether or not any court action ~ i ,rolvee, and to t ~ extent '- prohibr .. _~- 3 . casprac.l=., expenses Lender incurs that in Lender s oc:nior are iu ..,sary at any timn for rrre p > cr~•~la~ _. .,. ,rtcrest ^r the enforcement of Its rg Yt;s shall be-ome a part of the hrdebtedness payable oir deman• and she .,..~ '~~•s .rest a~. the Note rate from the date of he ..~ ^d*.:.~ .'. •cr: -~<.. -.c°,:.~ ,. rr`ou; r.nitavor., hou•~e?~er subject to any limits tinder arpl~.ca'ole lave, Lende- error new fees an i L n-ter s i-'~, exFe rises. whether or not there is r. ia•rssuht, including rtnrneys' fees and expenses for bankrupt y .. ~. ~r_c .. _.: .,ludi .u cfturli to modify or vacate ate. ~~ autorr ati~ s;a~ 'rjcna a~~i, appea'~.: ~.nd am .~pu.e ~ .r code ctior services, the cost of searching records, ebtasm~^.g title reports lincluding foreclosu2 repo =;, -. ~. rrtrts. ar,d appraisal fees and ;tae ~.nsuranc=. tc the extent oermi-t .:~.y app abt-. '. a.~; 3ranter a n . ~, n. .,:gun cola. In add(tron to all other sums provided by law. NOTICES ~'nl: ;s other Hise provided by appll°abe lav.•, ar .,, „e ren-n,. ~: to tom. given urdr. ;pis pd 'am~. i + r given wril ~.ng, and shall be eftectlve whsn actually c~ ~~erad. wh, r actua.~, •^_ccivep i _ - ~~im of ~.e•~:• ..: rmrn,nred by level, vrhen deg asited w~:th r cationa.i} - =ccgn¢e -r ~~igh' w~r er, o• -,' na L~d..:nr ~ . _ MORTGAGE (ContinuedE Page B in the United States mail, as first Class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priorirv over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices wider this Mortgage by giving formal written notice to the other person or persons, specifying that the Purpose of the notice is to change the person's address. For notice purposes, uraetor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable lav.-, if there is mor_ than one Grantor, any notice given by Lender to any Grantor is deemed to be notice yiven tr, all Grantors. It wi I be Grantor's responsibility to rep the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous Provisions are a part of tftis Mortgage: ~. Amendments. What is written in this Mortgage and in the R=laced Documents is Grantor's entire ~agreemen? with Lender cn ecerning the matters covered by this Mortgage. Tc be effective, any change or amendment to this Morteaae must be in writing and must be signed by whoever will de bound or obligated by the change u. amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be weu w interpret or define the provisions o= this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, xo the extent not preempted by federal law, the laws of the Commonwealth of Penny:ylvania without regard to its conflicts of lour provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lender. Grantor understands Lender will not: give up arty of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean Coat Lender has given up that right. II` Lender does agree in writing to glue up one of Lender's rights, that does no- mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands ti,.at if I_e odor does consent to a request, that does not mean that Grantor will not have to get Lender's consent ayain if the srtuatian happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor veaives presentment, demand for payment, protest, and notice of dishonor, Severability. If a court finds that arty provision of this Mortgage is not valid or should not be enforced, that tact by itself will nut mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court wilt enforce iF. e_ rest of the provisions of this Murtyage even it a proves ion of tris Mortgage may be found to be invalid ;~a unenforceable. Merger. -"here shalt be no merger of the interest or estate created by this Mortgage whit any other interest c: estate in the Property at any time hoEd by or for the benefit of Lender in any capacity. without the vrRtten co oson! of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs. pe^~r. n:~ rep~esen[a rives, successors, and assigns, and shall be enforceable by Lender and its successors ar~d assign;. Time is of the Essence. Time is of the essence in The performance cf this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Nicholas Gardner and includes all ro-s goers and co-makers signing thr Note. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes regulations and ordinances relating to the protection of human Health or the environment, ;ncluding wr[Iio~.r. limitation the Comprehensive Environmental Response, Comaensation, and Liability Act of 1980, as amended. ~:-_ U.S.C. Section 960', et seq. ("CERCLA"1, the Superfund Amendments and Reauthorization Act of 7980, r'ub. I No. 99-499 1"SARA"1, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1807, et seq., the Resounx. Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws. ruses or reyulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forty in this Mortgage in tPs. events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the F.xis ring I _.:., provision of this Mortgage. Granmr. The word "Grantor" means Nicholas Gardner. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommcdarion , ar, ~: -[. Lender, including without limitation a guaranty of all or par. cf the Note, Hazardous Substances. The worts "Hazardous Substances" mean materials that, be;;ause of their quactirq. roncentra bon or physical, chemical or infectious characterisfics, may cause or posy a present or potential hazain to human health or the environment when improperly used, treated. stored, dlspo^,ed ot, generated, manufactured. transported or otherwise handled. The wortls "Hazardous Substances" are used in their very broadest sense anr~ include without limitation any and all hazardous or toxic substances, materials or waste as defined b•; or hst=. r. under the Environmental Laws. The term "Hazardous Substances" rlso includes, without '.imitation, Perreaa~~um nr petroleum by-products or any fraction thereof and asbes[cs. Improvements. The word "Improvements" means all existing and future improvements, buildings, snucn:res mobile homes affixed on the Real Property, facilities, additions, replaroments and other construction on rtre lies Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expert=,r.'. payable under the Nate or Related Documents, together with all renewals of, extersicns of, modifications o`. consolidations of and substitutions for the Note or Related Documents and any amounts expended or advance;? b„ Lender m discharge Grantor's obligations or expenses incurred by Lender to enforce Gnanto is obligation= untie Eris Mortgage, together with interest on such amount=, a,. ;,rovide.^_ i:: this ;^:. ;rtgage. Lender. The word "Lender" means Farmers and Merchants Trost Co. of Chambersburg, its successors ai,.. assigns. Th= words "successors or assigns" mean any person or cc mpa ny that acquires any interest in the Nose. Mortgage. The word "Mortgage" means this tvlortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated June 2A, 2005, Irt i:hl' Oflgllnd~ ptifi Ctp B~ BRIOUfIt Of $72;768.83 from Grantor to Lender, together wl*h all renewals cf, extensions of, modifications n'. refinancings of, consolidations ot, and substitutions for the pro missor; none or agreement. NOTICE TD GRANTOF'~. THE NOT= CONTAINS A VARIABLE INTEREST RATE. MORTGAGE (Continued) P~gP Personal Property. The words "Personal Propery" ~ne:rn al; equipm=_nt, fixtures, and of per artloes o! pegs: r_. pronarty row or hereafter owned by Grantor, and nov~~ or hereafte• attached or affixed to the Rea: ?a_e:~t~;; tooether etith all accessions, parts, and addltlons to, all teplacemen-s ot, and all subsfiutiuns for, anc of _.._ propa!ty; and together with all proceeds lincluding oa i!hout limit~tlon ail insu'ar,:a proceeds and refunds ~. prermums' from any sale or other disposition of the Property. Property. Tire word "Property" means collectively the Real Property and the Pc~sonal Pruper,y. Real Property. The words "Real Property" mean the raa~, ;rropertV, in crests and nghts, as hither describac ~". rhrs Mo~tcaye. Related Documents. The word> 'Related Oocuments" mean all promissory notes, credit agr~emEnts. ~. ~... agreements, envimnmantal agreen+ants, guaranties, geconrp agreements. mortgages, deeds of ;rust, sca,^.':v deeds, r..~.iateral mortgages, and ail other instruments, ag reemente and documents, whrather now c~ ~~:cr e::'r~z existlnq, executed in connection vaith the indahtedness. Rents. The word "Rents" means a!I present and fuiure rams, rev=Hues, in-;ome, rssuee. ruyahias, pact n.= -.,.- other ber.e His oerived from the Property. GRANTOR ACItNOWLEDG ES HAVING READ ALL THE PROVIS TUNS OF THtS MORTGAGE, ANp GRANTOR AGREE'c TC ITS TERMS. THIS MORTGAGE IS GNEN UNDER SEAL AND IT !S INTENDED THAT TIifS MORTGAGE IS AND SHALT CDh:STITUTE. AND HAVE THE EFFECT OF A SEALEC IPJSTRUMENT ACCORDING TO LAW. GRANTOR 1 Y. '_~t~s~~ ~,i ~ 1,'~ ._ (Seal! Nicholas Gardner Signed, acknowledged and deliver~e%d in thth~e presence of: Witness ~~/~-- ~ j~ ?. Witness CERTIFICATE OF RESIDENCE . Iierebp certi; ~~, that the preclsa atldr; s_ of the monyagee, Farmers and Merchants Trust Co. of Chamtrersburg, a..... is as follows: Shippenshurg Office, 20 South Main Street, P. O. box 6070, Chambersburg,/PjA t7201-6010 Altorney ,_ Agen, "nr Atortna~ lNDII~!DUAL ACKNO?il~LEDrMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~{`f'~u~! ~~. r ~I ~, ni ,-he ~,_ day of J V,/1--~'- _ 20 t. -~_. neto n r (~-i.'-?;~~. i~ ~ ~=5~ ,the and ereigned Netar ~~ hu p nahp ippcareC Nicholas Gardner n~ ~ sitisfa,tnr'rly proven) to be the person whose name ;: ~_ Lscribu ,c ine tiv~ihir. instrument, an„ ,,..u n ~~Is r es .Hat r,=, cr She exec~rted 'he same for -he purposes titereirt containcc. In witness whereof, (hereunto set my hand and official seal. 1 NoTar~ F ual~c in a-~d rot the StateoP ,~ ~,. - ~: 5E2' - rJo!d;vc I:, rrnklin .a:!n~ - __t_.iL__ _. ------ ~ - i d ~ri~i S 3 _ --_. ~,na ~ ~.. ~e+:rq ~~ ~ o*nry ~:;I c fv';"^J "2nkiinC;y~rn ---- 'cirri`- ipit e`~yr~g i+dw 1 _. ,c(}.: EXHIBIT A ALL. that certain tract of land situate in Hopewell Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point in the center of Township Road, T-360, also known as Jumper Road, and at corner of land now or formerly of Dennis F. Yaukey; thence by said land now or formerly of Yaukey North 71 degrees 53 minutes West :315.55 feet to an existing iron pin and land now or formerly of Robert Reeci; thence by land now or formerly of Robert Reed, North 6 degrees East 145.40 feet to an iron pin and land now or formerly of Calvin Kirkpatrick South 80 degrees 14 minutes East 288.40 feet #o an existing nail in the centerline of the said Township Road, T-360; thence by the same centerline the fofiowing courses and distances; South 8 degrees 04 minutes East 64.12 feet South 0 degrees 45 minutes East 37.19 feet to an existing spike, Soui:h 2 degrees 17 minutes West 33.50 feet to an existing nail, and South 7 degrees 19 minutes West 60.15 feet to a spike, the place of BEGINNING. CONTAININC-3 1.173 acres according to survey of William A. Brindle Associates, made August 28, 1973. S .. ! f ~ .~ . ... ._ ... .. EXHIBIT `'`C" www.lm(rusloni~n~.com TRUST Date: September li, 2012 ~'ia Certified Mail- Return Receipt Requested Regular U.S Mail ACT 91 NOTICE TAKE ACTION TO SAVE ~~OUR HOME FROM FORECLOS~C.TRE This is an official notice that the mortgage on your home is in default. a.nd the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Wages. The HOMEOWNER'S MORTCJAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the pros~ram works Tb see if IlEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING !AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou_ when vou meet with the Counseline 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. vou ma~call the Pennsylvania Housing Finance Agency toll free at 1-800-~42-2397. Persons ~nrith impaired hearing can call (717) 780-1869). Th:.s Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to hcln explain it. You may also want to contact an attorney in your area. The local bar association may be able to help vou find a lawryer. LA NOTIFiCACiON EN AD7UNT0 ES DE SUMA iMPOR"IANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CAS.A. SI NO COMPF:ENDE EL CONTEN.[DO DE ESTA NOTIFICACION OBTENCiA UNA TKADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCLA (PENNSYLVANIA H(:)USING FINANCE; AGENCY) SIN CARGOS AL NUMERO MENCION.ADO ARRII3A. PUEDF,S SER ELE(:rIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MOR"fGAGE ASSISTANCE PROGRAA4" EL CUAI. PUEDE SALVAR SU CASA DE LA PERDIDA DEL DEF:ECHO A REDIMIR SU HiPOTECA. 717 -264 6116 888-264-6116 P.O. Box 6010 Chambersburg, PA 17201-6010 FINANCIAL SOLUTIONS... FROM PEiOPLE YUU KN''JW 4;O; t00(~ noag 3ipaz~ - ~snzS la S;I 969£T9ZLTLT X~3.I OT ~8 Ic1 ::-IC2:/5I/OT HOMEOWNER'S NAME(S): Nicholas W Gardner PROPERTY ADDRESS: 38 Jumper Road Shippensburg, PA 1'1257 LO.-~N ACCT. NO.: 3140029523 ORIGINAL LENDER: Farmers and Merchants Trust Company of Chambe~rsburg CLRP~EN'f LENDER/SERVICER: Farmers and Merchants Trust Company of Chambersburg HCMEOWNER'S EMERGENCY MORTGAGE', ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOiJ MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THF; HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF x983 (THF "ACT'"), YOIJ MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOU DEFAULT HAS BEEN CAUSk:D BY CIRCUMSTANCES BEYOND YOUR CONTROL • IF YOI? HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 1N' YOU MEET OTHER ELIGIBILITY RE(~UIItEMENTS ES'I'A,BLiSHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (:30} days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting «dth one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE_ YOU MUST BRING YOUR MORTGAGE tTP TO DATE. THE PART OP THIS NOTICE CALLED "HOW TO CURE YOUR MOR"fGAGE DEFAULTT." EXPLAINS HOUT 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 desienated consumer credit counseling agencies for the county in which Ei6,'SOOIP] noa~T ~Tpaz~ - }snzy w4d 9gotTgZLTLT XK3 TT~B I2I:] C1C~,;5T/OS the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise you 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, veu have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MIDST be forwarded to PHFA and received within thirty (301 days of your face-to-face meeting with the counseling agency. YOU SHOULDFILE A HEMAP APPLICATI011' .AS SOONAS POSSIBLE. IF YO( HA [~' A MEETING WITH A COUNSELING AGENCY IWITHIN 33 DAYS' OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICATION R'1'TH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE Li4NDER WILL BE' TEMPORARIL Y PREVENTED FROM STARTING A FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAi11'ED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAPAPPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT[' THE LENDER FROMSTARTINGA FORECLOSUR ACTION, BUT IF YOUR APPLICATION IS EVENTU.4LLYAPPROVED ATANY TIME BEFOREA SHERIFF'S SALE, THE FORECLOSUKE WILL BE STOPPED. A<~ENCY ACTION -Available funds for emergency mortgage assistance are very limited. 'T`hey will be disbursed by the Agency under the eligibility criteria established by the Act. i ne Pennsylvania Housing. Finance Agency iras sixty jouj days to make .a decision after ii 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 he 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 FOP. 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.) t~:0;'900Qf noag }ipaz~ - +snzZ }]9d 969£I9ZLTLT XFI rl ZT ~8 I21d ZTOZ. 6I/OT FLOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date . NATURE OF THE DEFAULT -- the MORTGAGI: debt held by the above Lender or. yGUr property located at: 38 Jumper Road, Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months: .Iuly 2012 thru September 2012 and the following amounts are now past due: Principal $ 1,432.30 Interest S X32.94 Lanz Charges $ 1,146.ZS TOTAL AMOUNT PAST DUE: S 3,111.49 HOW TO CURE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT' PAST DUE TO 7'HE LENDER. WHICH IS $3,111.49, PLUS ANY MORTGAGE PAYMENTS AND LA"fE 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: FARMERS AND MERCHANTS TRUST COMPANY 20 S MAIN STREET PO BOX 6010 CHAMBERSBURG. PA 1?201 IF YOU DO NOT CURE THE DEFAULT' - If you do not cure the default v~rithin THIRTY" (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt wi71 be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the. lender also intends to instruct its attorneys to star legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - "11ie mortgaged property will he sold by the Sherifl'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 he required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. CIGWCVeI. if ieg3i prOc',eedingS are Stal icd against you, yGlt 'vV1ii hays tv pay all rea3G nabie attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which ma~~ also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDERREMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 6TG LGGQJ noay }TpazC - ~snzy H4,S 969ET9ZLTLT XFI,I ET ~8 I2i.7 :.",. ~i 5l/OT 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 an tti ime uQto one; hour before the Sheriff's Sale. You may do so bypavino the total amount then past due, plus any late or other chazCes then due. reasonable attorney s fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing anv other requirements under the mort~a~e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have uevcr defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the eazliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Noticc..4 notice of the actual date of the Sheriff s Sale will be sent to you before the sale. 0 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: Farmers and Merchants Trust Company Address: 20 S Main Street, PO Box 6010 Chambersburg, PA 17201 Phone Number: 717-262-7512 Fa.x Number: 717-2b1-3646 Contact Person: Tricia Banev 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 zfter 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 mayor x may not (CHECK ONE) sell ar transfer- your home to a buyer or transferee who wilh assrune the mortgage debt, provided that all the outstanding payments, charges and attorney s fees aztd costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 5i0'f;OD~QJ n~aa ~ipaz~ - ~}sniy WS,I 969ET9ZLILT }C'd,I ET~B I2Id ~:-;0~:/5I/OI YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIIER LE\TDING INSTITU`IION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAt~LT CURED BY AI~'Y THIRD PAR'LY 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 DEF.FIULT MORE THAN TIIF:EE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCtiMENTS. • TO .ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION 13Y THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW 410.~EOOQJ n~aT~ }~paz~ - ;.snzy N9r] 969ET9cLILT Xft.i 4T ~S I2i;] ~.=LOZ,'6T; OZ CONSUMER CREDIT COUNSELING AGENCIES SF.R`7NG YOiIR COUNTY Advantage Credit Counseling Service/ CCCS of Western PA 2000 Linglestown Road Harrisburg; PA 17102 888-511-2227 PHFA 211 North Front Street Hamsburg, PA 17110 717-780-3940 800-342-'2397 Community Action Commission Of Capital Region 1 ~ 14 Derry Street Harrisburs;, PA 17104 717-232-9757 Marantha 43 Philadelphia Avenue Waynesboro, PA 17268 ?i7-762-3285 Housing Alliance of York/ Y housing Resources 290 West Market Street York, PA 17401 717-85;7;2 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 ?17-334-1518 In accordance with the Fair Debt Collection Practices Act, "title 15 U.S.C. 31692(8), you may dispute the validity of this debt, or any portion thereof; if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt. or any portion thereof within this; thirty-day period, this ftrm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Sincerely, Trtcia A F3aney Credit Recovery Officer Farmers d> Merchants Trust NML.S # 446827 cc: iiie 410/CTO~J noa~ ~Tpaz, - :ysnzy H93 949ET9ZL TLT XHd ST ~8 I1d _.. ., ,,i5L/OT ~~,96 90[18 9115 5y60 91~? 'n~I r~ w z m ~~; ~~~, ~ - ~~ o ~ o ` ~ ~ ~ ~ o ~ ~ f ~, ~ m ~ ~ ~ ~ ~ ~ ~~ ~: of ~ J ~ ~~ I I r ~ ~ ~ / {~ \~ .~ ~ m ~I `, ~ ~ `° ~~ J,_ ~\ ~ ~ ; J O N a 3 m m ml V o ~ I ~I m ~ i ro am ac m „a °a~ ~ mm 3m m ~~ ,~ ~ j Ro am m~? ~ V I ~~ ~7 8'~ ab a ~ I ~ mm am N a© °m N m ~^ ~ I r~~"~e F m y6~ ~ c c ~ ~~ T fl1'~'. ,~. ....f t-.? U~ ~:~., t ~: ~, ~~ I G~ Y: C: 2 j. T `' ~'I a3 0 ~o ,o '., x r_'~ ~~~ "~ - _ _ ~.. ~ I ~ C? -D ~ ~- ~ ~: m ~ c7 ; ~ ~ _ z~~> .c __._ (n ~ G~ ~ ~.__,, x z r ~ C <~ Z ~ O , . z1 ~"~- r .ro G~ D ~> n ="--~ p ~~ ".~ ~ --a --..---~ c~-za m a rrnrz ~ ~ m ~ fA m -, -t ~ o t u -,;~iv ."a c• m rt. c z .v ; G ~, ~SSOLOLC taec ~ $ n'; zo you: a~z `'~' ~ i~ r+.® ~ ~ ~ ` ~~~e~~ i , ' 2 F ti « 3w~~so~sr: ~ .q : ~„ . v 4 .. . 470'Z TO~] nag ~Tpaz~ - ~}snzS H4:I 949LT9ZLTLT XH3 9T ~S IiI;] . ..?Ci 6T/OT EXHIBIT "D" wuuuu.fmUuslo~line.eom TRUST Septembe]" 17, 212 VIA CERTIFIED MAIL - F;ETURN R~~CEIPT REQUESTF! AND FIRST CLASS O.S- 1v1AIL ~ P0:'~I~AGE PREPAID NOTICE OF INTENTION TO FORECLOSE MORTGAGE Mortgage Company: Farmers & Merchants Trust Company of Chambersburg PA Account No.: 3140029523 $72,768.83 Note, dated June 29, 2005 Borrower: Nicholas W Gardner The MORTGAGE held by Farmers & Merchants Trust Company of Chambersburg PA (hereinafter "the Lender") on your property located at 38 Jumper Road, Shippeusburg, PA 1?257 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $655.08 each for the months of July thru September 2012 plus accrued late charges in the amount of $1,]46.25. The total amount required to cure this default as of the date of this letter is 53,111.49. You may cure this default within THIRTY (301 DAYS of the date of this letter, by oavinQ to the Lender the above amount of 53.111.49, plus any additionai amounts which may fall due durine this period, Such payment to Lender must be made either by cash, cashier's check, certified check or money order, and made payable to F&M Trust, PO Box 6010, Chambersburg; PA 17201 ATTN. Tricia Baney. If you do not cure the default with THIRTY i30) DAYS, the Lender intends to exercise it, right to accelerate. the mort~e pa m~ ents. subject to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program. This means that what:e,ver is owed on the original arnount borrowed will be considered due immediateay and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount in default is not made within THIRTY (30) DAYS, then, subject to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program, the: Lender_mav also instruct its attomev~ to start a lawsuit to foreclose your mortgaged property. If the mortoaae is foreclosed, your mortaaaed~roperty will be sold by the Sheriff to pay off the mortgage debt. You will have the right. to assert in any foreclosure preceding the non-existence of a default or any other defense that you may have to acceleration or foreclosure. If the Lender refer<.', your case to its attomeys, but you cure the default before they begin legal proceedings, you will still have to pay the reasonable attorneys` fees. actually incurred, up to $SQ00, in order to cure the default However, if legal proceedings are started, in order to cure the default you will have to pay the reasonable attorneys' fees, actually incurred, even if they are over $50.00. and you may also be required to pay the Lender's reasonable 717-261-6116 888-264-6116 P.O. Box 6010 Chambersburg, PA 17201-6010 FINANCIAL SOLUTIONS... FROM PEOPLE YOU KNOW 410!3DOf~ noeg ~zpazD - ~snzy N'1,I 969E1:9ZLttT XFZ3 608 Ixd ~IO_e6t/OT costs. I>~w cure the default within the thirty-da~eriod. you will not be required to pay attorneys' fees. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time unto one hour before the Sheriffs foreclosure sale. You may do so by payins.=, the total amount of overdue payments plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale, and performing any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held v/ould be approximately 6 months from the date of this notice. A notice of the date of the Sheriffs sale: wi[I be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. 'You may find out at any time exactly what the required payment will be by calling the Lendec at the following number: 717-262-7.112. or 888-264-6116 x 7512 ATTN: Tricia Baney This payment must be in cash, cashier's check, certified check or money order and must be made payable to the Lender ar the Lender's address stated above. Ycu should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. if you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOiJ HAVE THE RIGHT 7`J SELL THE PROPF,RTY "f0 OBTAIN MONEY TO PAY OFF "I'HE MORTGAGE DEBT, OR TO BORROW MONEY' FROM ANOTHER LEi~iDING TNSTITUTION, 'TO PAY OFF THIS DEBT. CONTACT THE LENDER TO DETERMINE WHETHER OR 1`IOT A BUYER OR TRANSFFiREE MAl' BE ALLOWED TO ASSUME THE MORTGAGE llEBT. YOIJ HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU MAY ALSO HAVF, ADDITIONAL RIGHTS UNDER THE: HOMF,OW~VER5' EMERGENCY MORTGAGE ASSISTANCE PROGRAM. if you cure the default, you will have the right to pay off the loan in monthlyinstallments as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in airy calendar year. Sincerely, '~'!, , ;, Tricia Baney NMLS ~ 446827 Credit Recovery Officer =armors & Mercl~~ants Trust NOT);: The Debt Collector is attemptin; to collect a debt and any information obtained. will be used for that purpose. b-:D'£.DGQf nogg }rpaz,~, - }snzy W5a 969£I9ZLTCt X71 60 ~8 I2i1 C', .:0~/5T/Oi ?196 9~0~ 9115 516 996 ~,. ~ ~ ~~ -- ~ m '~' ~ ~ ~ 3 i ~ lv~i OQ ~ o , , f~a ~, ~ ~ c ~, ~ 5 ' ~ L~ ~' ~- 0~ I l~' ""~j ~ o m m N ~ ~ ~ O n~ ~ ?~ S, m i I~-~~i U~ @ m m pm m m ~~ = m ~ -~ ~ ~ ~ a = mp o m N', ~; ~ ~ ~ A q ~ ,T °.N cT7 um n T lD 4 m I ~' J ~ ~ ' T T ~ ~ J _ ' ~ l ~ ,` J '~ ~ ~ ~~ ~~ ~ iJ^i . ~ n fD a 1 ~ 1 3 ~ m 'a CFA s ~j ~ ~ a tiv/ -.S to to I@} III. i r i 4 i 1 " _~ A ~_ A J O 0 ~wZ ;~ z~ - c; Y ZED ; C ~ ~.~..~ C~~ z o '~"= ~, 0 ~p ' ~ 'n ~ . m G~DD ~ ~ ~"" -o o ~ ~. m ~ _----- D ~ ' ~ ~ ------ r a ' z ~ iTl JN N ~ 7] m U E- ~~~~ ca ~- c~ v i C c ___. ~-z~ ~rnr•z ~ m N --- .n --- ff, -- `~C '~ ~ zr ~ -- ' OG O z ~µ $ G _ _._ r..- .__. _.~. _- -. ., q rr ; . ~ .. F - 9J~~tEicuc - i U: Vim,' ~ IOZL l IZ t ~F~. • _. ' ~ ~SY ~.~ ~l0iT0~ noag }ipaiS - ~snzS H41 969ET9ZLTLT XtiJ ST ~B 13.9 ~I:u~. ET/GT IN THE COURT OF COMMt)N PLEAS OF CUMBERLAND COUNTY, P>='sNNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION CO. OF CHAMBERSBURG, Plaintiff, NO.: vs. NICHOLAS W. GARDNER a/k,~a NICHOLAS GARDrIER, Defendant. VERITICATION I, William A. Pryor, on behalf of Fanners and Merchants Trust Compaliy oj`~ Chambersburg depose and say subject to the penalties of l 8 Pa.C.S.A., sec.49Q4 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading, are true and correct to tl~e best of:my information, knowledge and be ref. ,~ ~' , r ~ r'~ / ~;~,-' !~' / ` y / Name: William A. Pryor ___ Title: Vice-President, Credit Recovery Manager FARMERS AND MERCHANTS TRUST CO. OF CHAIVIBERSBURG, Plaintiff(s) IN THE COURT OF COMMON PL>~;.AS OF CUMBERLAND COiINTY, PENNSYI;VANIA v. NICHOLAS W. GARDNER a/k/a - NICHOLAS GARDNER, : ~ Defendant(s) _ _ Civil - ~ _ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE - DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose ya~.rr hoiiie. ~- If you own and live in the residential property which is the subject of this foreclos~.cre action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible fog- a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPerm Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2.510 and request an appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If` :you and your legal representative complete a financial worksheet in the format attached hereto, the legal. representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for the conciliation conference. It is not necessary for you ito contact MidPenn Legal Service for the appointment of legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled., you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit Iroceeds forward. IF YOU V~'ISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLS' AND TAKE 'THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FRE~k t~ ~~~~ ~~ Date Respectfull ubmitt i' .,-- ~ ..` BY~ ~~ - - Scott A iett~, i squire PA LIJ. # 55650 Kimberly A. Bonner, Esquire PA LD #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717)533-3280 FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG Plaintiff(s) v. NICHOLAS W. GAR.DNER a/k/a NICHOLAS GARDNER, Defendant(s) 1N T]3E COURT OF COMMON PLR~AS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: t. Defendant is the owner of the property which is the subject of the mortgage foreclosure action; 2. Defendant lives in the subject real property, which is the Defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in the Notice to be eligible to participate in acourt-supervised conciliation. conference. The undersigned verifies that the statements made herein ;are true and correct. I understand that false statements are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's CounseUAppointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBURG Plaintiff(s) v. NICHOLAS W. GARDNER a/k/a NICHOLAS GARDNER, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS`Y'LVANIA CASE MANAGEMENT ORDER AND NOW, this day of Civil 2Ci 12, the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation (:;'onference verifying that the defendant/borrower has complied with the Administrative Rule requirements for scheduling; a Conciliation Conference, it: is hereby ORDERED and DECREED that: The parties and their counsel are directed to participate in acourt-supervised Conciliation Conference on _ at _'__ _.M, in _ _ _ _ at the Cumberland County Court House, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Confere~lce, the defendant borrower must serve upon the plaintiff/lender and its counsel aropy of the "Cumberland County Residential Mortgage ]Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which the service of the completed Form 2 is to be made may be expected. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date; as agreed upon by parties inwriting or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceeding shall be ternunated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized repre-sentative of the plaintiff/lendf:;r must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiffilender who participates in the Conciliation Conference must possess the actual authori~ry to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is mot available by telepphone during th.e Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prep,:~red to discuss and explore all available resolution options which shall include: bringing the mortgage current, through a reinstatement; paying off t:he mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; a~eeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loam modification or a reverse mortgage; paying the mortgage default over sixty moths; and the institution of bankruptcy proceedings. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. BY THE COURT. FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE T'o complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your __ Please provide the following information to the best of your knowledge: Borrower name{s). Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (i.f different) City: Phone Numbers Email: # of pf;ople in hou:;ehold: Mailing Address: City: Phone Numbers: Email: # of people in hausehald: First hlartgage Lender: _ Type of Loan: Loan Number: _ Second Mortgage Lender: Tvpe of Loan: _ Loan Number: State:__` Zip: Yes ^ No ^ Listing date: _ Price: $_ __ Realtor Phone: Yes ^ No ^ Home: Cell: How long? State:, Zip: Office: _ Other: State Home: CeII: Office: Other: Zip: How long;? Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date o;f Last Paymc;nt: _ _ 'rimar~Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ^ No ^ If }~es, pravide names, location of court, case number & attorney: Assets Amount Owed: Home : $ ^ Other Real Estate: $ Retirement Funds: $ _ Investments: $_ _ CheckinP,: $ _ Savings: $ _ Other: $ Automobile #1: Model: Value: $__ $__ $ _ $^_ $__ Amount owed: _ _ Value: _ Automobile #2: Model; _ _ _ Amount owed: Value: Other tran~ortatiori (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthty Income Name of Employers: 1. 2. .3. _ --- -------- -- Additio:nai Income Description (not wages): 1. monthly amount: 2._ _ monthly amount: Borrower Pay Days; _ Co-Borrower 1'ay Days: Monthl~Expenses, (Please only include expenses you are currently paying) EXPENSE AMOUNT T EXPENSE, AMOUNT Mortgage! Food _..----- ~'Vlort~age Utilities _ _ T~ _. -__ Car Pa~rnent s _ Condo/Nei h. Fees Auto Insurance Med. not covered Auto fu_eV_repairs_ _ Other ro a meet ____ Install. Loan Payment Cable T'V _ ._.____ Child Su~pordAlim. S endin Mon_ e~ _ Dad/Child Care/Tuit. Other Ex eases ____ _ Amount .Available for Monthly Mortgage Payments Based on Income & Exp~:nses: Have you been working with a Housing Counseling Agency? Yes ^ No If yes, please provide the following information: Counseling Agency;. Counselor: _ Phone (Office): __ _T Fax: Year: Year: Email: Have you made application for Homeowners Emergency lvlortgage Assistance Program (HEMAP) assistance? 'Y'es [] No If yes.. please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes [] No I~' yes,. please indicate the status of those negotiations: Please: provide the following information, if know, regarding your lender or lender's lo~~a:~ servicing company: I_,endex's Contact (i~ame): Serviri~~g Compan.~ (Name): Contact: Phone: Phone: Ii We ,authorize the above --_ named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible rnortgage aptio:ns. UWe understand that I/we am/are under no obligation to use the services proviided by the abo~-~e named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information ito lender and lender's counsel: Proof of income Past 2 bank statements Proof of arty expected income for the last 45 days -Vt C'opy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation - t (hardship letter) V Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Farmers and Merchants Trust Co. of Chambersburg vs. Nicholas W. Gardner SHERIFF'S RETURN OF SERVICE _.~ ~~;~ ~I .P:i, °.'~Js°~~EKLt~~~~ GU~~ f ;' ~FP~#~SYLY~~I~r Case Number 2012-6597 10/26/2012 06:05 PfV1 -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nicholas W. Gardner at 38 Jumper Road, Hopewell Township, Shippensburg, PA 17257. F;esidence is "NOT VACANT". i `'~ , GUTSHA ,DEPUTY SHERIFF COST: $48.00 November 02, 2012 SO ANSWERS, _ ~~~ RONN~Y R ANDERSON, SHERIFF