HomeMy WebLinkAbout13-0275ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
v.
RICHARD M. SOCCIO and
MONICA H. SOCCIO,
1743 PINE ROAD
NEWVILLE, PA 17241
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. ~ ?j ~ a,.~ ~ CIVIL TERM ,~..~
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MORTGAGE FORECLOSURE ~~,, ~
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NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257
Plaintiff
v.
RICHARD M. SOCCIO and
MONICA H. SOCCIO,
1743 PINE ROAD
NEWVILLE, PA 17241
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~ 3-- ~ ~ ~ CIVIL TERM
MORTGAGE FORECLOSURE
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys,
BARK SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the
following:
1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. The Defendants, Richard M. Soccio and Monica H. Soccio, are adult individuals
residing at 1743 Pine Road, Newville, Cumberland County, Pennsylvania 17241.
3. By Deed dated December 30, 2004, Alvin D. Knaub, conveyed the premises
described in Exhibit "A", attached hereto and made a part hereof, to Richard M. Soccio and
Monica H. Soccio. This Deed was recorded in the Cumberland County Deed Book 2b6 Page
4796, et seq., all of which pages are incorporated herein by reference and made a part hereof.
The premises are further described as being 1743 Pine Road, Newville, Cumberland County,
Pennsylvania 17241.
4. On or about July 14, 2009, Richard M. Soccio and Monica H. Soccio as
Mortgagors, made, executed and delivered a Mortgage made, executed and delivered the same
day to Plaintiff as Mortgagee on the premises described in Exhibit "A." This Mortgage was
recorded in the Cumberland County Office of the Recorder of Deeds for Cumberland County on
August 27, 2009 at Cumberland County Instrument No. 200930011, et. seq., all of which pages
are incorporated herein by reference and made a part hereof. The mortgage was given as security
for a Promissory Note from AES Hearthplace, Inc. to Orrstown Bank. A true and correct copy of
which is attached hereto as Exhibit "B."
5. By letter dated November 20, 2012, counsel for Plaintiff demanded payment of all
amounts outstanding. A true and correct copy of said letter is attached hereto as Exhibit "C" and
is incorporated by reference.
6. Defendants have defaulted under the terms and conditions of the Mortgage and
Promissory Note by failing to pay the loan amount in full.
7. Defendants are the present record owners of the premises described in Exhibit
"A" and are the real owners of the premises.
8. No notice under Act 6 or Act 91 is required as this was a commercial loan secured
by a commercial property.
9. Attached hereto and marked as Exhibit "D" is a true and correct copy for the
demand letter served upon the Defendants through their agent.
10 Under the terms of the Mortgage and Promissory Note, if any monthly payment of
principal and interest is not made when due or any other obligations of the Promissory Note or
Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note
obligations shall become due and payable immediately at the declaration of Mortgagee.
11. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
12. The Promissory Note and Mortgage permit Plaintiff to recover its attorney fees
and costs.
13. The following amounts are presently due on the said Mortgage and Promissory
Note calculated to
Principal $83,922.13
Interest (to 01/09/13)
per diem of $11.65 $ 303.05
Other Charges $ 5,589.37
Attorney fees
(fixed for purposes of
this complaint at 5% of
principal debt) 4 196.11
$94,010.66
WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of
$94,010.66 plus interest thereafter at the contract per diem of $11.65 from January 9, 2013, and
costs, attorney fees and expenses against Defendants, Mortgagor and real owner and seeks
foreclosure and Sheriff's Sale of the mortgaged property in Exhibit "A" hereto.
Respectfully submitted,
BARK SCHERER LLC
~ /
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Orrstown Bank
VERIFICATION
The statements in the foregoing Complaint are based upon information that has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information that I have given
to my counsel, they are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject tnalties of 18 Pa.C.S.A. § 4904
relating to unsworn falsifications to authorities.
D
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Linda K. Mowen
Assistant Vice President
Senior Consumer Collector
Orrstown Bank
Orrstown Bank
Sa3RS ~ l
THIS DEED,
MADE THE ~ day of December in the year of our Lord two thousand four (2004),
BETWEEN ALYIlK D. KNAUB, ~vidmver, of 1733 Pine R o
cad, Newville Cumberland
County, Pamsylvania, hereinafter oiled Grantor,
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AND RICHARD M. SOCCIO AND MONICA & SOCCIO, >~ w-Ift, of 4 Leeds
Road, Newville, Cumberland Coun P `"'
ty, ennsylvania, hereinafteea called Grantees: ~
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WITNE.~SETH, that in consideration of the sum of One Hwrdc+od Sevoaty Three
Tlwueand arni no/100 (5173,000.00) Dollars, the receipt whereof is hereby admowl~adged, the
said Grantor does hereby grant and convey unto the said Grantees, their heirs and assigns as
tentmts by the entireties
ALL that certain tract of land, with improvements thereon erected, situate in Penn
Township, Cumberland County, Pennsylvania, bounded and descxibed is accordance with a
subdivision plan prepared by Statler and Lahr, Engineering and Planning Consultarna, dated
April 5, 1988 and recorded, in the Office of the Recorder of Deeds for Ctm~rland County in
Plan Book 56, page 174, as follows, to wit:
BEGINNING at an existing iron pin in the centerline of Pine Road LR 21008 at point of
lands now or formerly of Jacqueline Woodside; thence along lands now or formerly of Woodside
North 01 degree 07 minutes 33 seconds West 347.91 feet to an iron pin; thence along I.ot No. 2
on said plan North 88 degrees 52 minutes 27 seconds East 174.08 feet to an iron pin set; thence
still along Lot No. 2 South O1 degree 0? minutes 33 secwnds East 330.00 feet to a point in the
cline of Pine Road; thence along centerline of Fire; Road, LRZ 1008 South 83 degrees 00
minutes West 175.00 feet to a point, the place of BB'GINNIIVC
C4N'IAINING 1.354 acres and designated ad Lot No. 1 on plea of Alvin D. and Lucille
E. Knaub.
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EXHIBIT "A"
BEING part of the same property which Bertram A. Cassell, single man, granted and
conveyoed to Alvin D. Knaub and Lucille E. Knaub, his wife, by deed dated May 3, 1983 and
rec~rdod in Cumberland County Deed Book E Volume 30 Page 48. Lucille E. Knaub died May
12. 198? thereby vesting title to Alvin D. ICnaub, Grantor herein.
AND the said Grantor hereby covenants and agrees that he will warrant specially
~ PI''oP~Y Y conveyed.
IN 1WITNESS WHEREOF, .said Grantor has hereunto set his hand and seat the day,
month and year first above written.
°.~ ~s r, ~
ALVIlN D. KNAUB
COMMONWEALTH OF PENNSYLVANIA ;
SS:
COUNTY OF CUMBERLAND _
On this, the 3Q day of Decxmber, 2004, before me the undersigned ogroer,, personally
appeared ALVIN D. KNAUB, ktmwn to me (err satisfactorily proven) to be the peisdon whose
name is s~scribed to the within instrument, and aclcnowledg~od that he executed same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my harm and seal.
tti~~~ M ~ , N (SEAL)
anea,w,
ROOK ti~ PAGE4797
SiFweVd, Bawled ward Drrd
iw dGepheaneee of
I do Nearby ratify that the precise residence and complete t oi~ce address of the within
named Cnantees is ,C~ ~~,,,, a ~ ~ ~/
December ~,~ID ~, 2004
IRWIN ~ Mc,S1VIGXT
ATTORNEYS
Ctat~+eriar:d County Rectir~ier of 4eeds
instru~ent Filing
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Parch Identification
NtaTrbsr:
31-12-0332-0e0
RECORDATION
RE~tJESTED BY:
ORRSTOYYN BANK
KING STtf$T OFFICE
77 EAST Ktl~ STREET
SHg7ENB8URG,PA
17267
WHEN RECORDED MAIL
TO:
ORRSTOWN BANK
2Rg8 PHa.ADELPHIA
AVEwKIE
CHAMBERSBURG,PA
17201
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FOR RECORDER'S USE ONLY
OPEN -END MORTGAGE. AND SECURITY AGREEMENT
(This instrument is an open-end morfgape and secures future advances pursuant to 42 1°a. C.S.
4 4 8f43 and' 8144,. Act No. 126 ofr (8901
Amount Secured Hereby: 3100,000.00
THIS MORTGAGE dated July 14, -2009, is made and executed between Richard M. 8occio and
Monica H 8octio, whose address N 1743 Pine Rd, NewviRs, PA 17241 (referred to blow a
"Grantor") end ORRSTOWN BANK, whose address is 77 EAST KING STREET, SHIPPENSBURG,
PA 17257 (referred to below as "Lsnder'l.
GRANT OF MORTflAflE. For valuable ooruWeretion, flraMor grants, bargains. seb, conveys, eeagns, transfere,
releases, conflrma and mortgage m LarMer aq of Grantor's right, title, srxi Imsrest in and to the fogowing described
real property, together with all existing or subssgtrsndy eroded or affixed buildings, improvements and fixtures; ell
atraeta, Isnea, sgeys, passages, and ways; ell esaenreots, rights of way, eN ibertlae, privgegss, tartarrlems,
haroditamante, and appurpnences therounm bsbngirrg or srrywiee made appurtenem Mreaftar, and the reversions end
remalndsn whh respect thanm; ail water, water rights.. waterooursse and dhch rights pndrrding amok In udgtNs with
ditch or fMgatlon rights); oaf sq otMr rights, royaMes, and proflte nle~p to the. reN preparty, Ntekding without
limitatbn eq minereb, oil. gas, geotfrarmN end similar matters, (the "Red PrOpelty") looetad in Cumberland
Courtly, Commonwealth of Pennsylvania:
Dead dated 12130/2004, Deed Book 266, Page 4796 lotxted in Pann Township,
Cumbsrlatd County
Ths RW Property or its address is commonly known as 1743.P9ns Rd, Newville, PA 17241.
The Red Property parcel iderldfit~tion number is 31-12-0332-080.
CR08S-COLLATERALIZATION. In additbn to the Note, this Mortgage assures aq obligations, debts and Ifabilltiss, plus
imsrast tfraroon, of either Gramor or Borrower to Lsndsr, or any one or more of them, as well as all claims by Lender
against Borrower and Gfarroor or srry one or mom of them, whetlier now exbtkq or hereafter arising, whether rolarod or
unreleoaf m the puryose of the Note, whether voluntary or otherwise, whseMr due or not duo, direct or Indirect,
determined or urMetennined, ebsoluro or condrgsnt, Ikluldstad or ungquidsted, whetfNr Borrower or Gramor msy be
liable individually or jointly with athere, whether oltggsted as guarantor, surety, accommodation party or otherwise, and
whether recovery upon such amoums msy be or fwrsefter msy become bsrcsd by any statute of limitetiona, and
whether the obligation to repay such emouma may L» or hereafter may Moms othsrwbe urwnforrreebk.
REVOLVING Lar1E ~ CREDIT. Thb Mortgage seouros tM kdsbbdrrws YroMrflng. wiMrsru tkr~efon, a rovefving IMe of
arodk, whkh oWgstee tender m make advances m Borrower arNes Borrower tsL to comply wNh aI11M terms of ors
Note.
Grantor pressmly sasigna m Lender all of Granmr's. right, title,. end interest In end to all present and future leases of the
Property and all Rams from -the Property. In eddidon, Grenmr grams m Lander a Uniform Commerdal Coda securhy
interest In the Panonsl Property and Rents.
THIS MORTGAflE. BICLUDgV(i THE ASSKtNMENT OF RENTS AND THE SECURITY INTEREST BI THE RENTS AND
PERSONAL PROPBITY, M GNEN TO SECURE IAi PAYMt3gT OF THE ~ AND IBl PfSIFORMANCE OF
ANY AND ALL OB1JflATIONS UNDEfI THIS MORTGAGE. THM MORTGAGE IS GNEN AND ACCEPTED ON THE
FOLLOWING TERMS:
GRANTOR'S WANERS. Grantor waives ell rights or deianses srisirg by reason of any `one action" or 'anti-detidency"
law, or arry other Isw which msy provem Lender from bdrping any ectiar against Grenmr, including a claim for
deficiency to the extant Lerxler fe otherwise entitled m e claim for deficiency, beforo or after Lender's commencement
or completion of any toredosure action, either Judicially or by exercise of a power of aab.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Gronmr warcams tlrat: (al this Mortgage is executed at
Borrower's rsgr»st end not et the request of Lender; (b) Grenmr has the fug power, right, end authority to emer into
this Mortgage and to hypothecate the Property; Ie1 the provfNons of this Mortgage do not conflict with, or result in e
dateult under any agraemsm or other instrument binding upon Gromor and do not reeuh in a vielstion of srry law,
regulation, court decroe or order applieabk to Grenmr, (dl Gremor hp sstebgehad adequate means of obtaining from
Borrower on a continuing beats imm~nedon about Borrower's Hnencial condltbn: and le) LsrMsr has made no
representation m Grenmr shout Borrower lincuuding wthout Iimitstbn the crodhworehinass of Borrawerl.
PAYMENT ANO PERFORMANCE. Except m otherwise provided in this Mortgage, Borrower end Grenmr shall pay to
lender eq Indebtedness secured by this Mortgage as it becomes due, and Borrower and tremor shall strictly perform all
Borrower's and Gramor's obllgatforrs under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's
EXHIBIT "B"
MORTGAGE
(Continued) page 2
posaadon and use of the Property shell be gowmad by the f0lbwing provisions:
Poeaafon and Use. Until the oxurrsnce of en Ewnt of Default, Granmr may I1) remain in possssslon and
control of dre Property; 121 use, opsrsta or manage the property; and 13) collect the Rents from the Property.
Duty m Makttsin. Grantor shNl meinrein the Property in tsnsmabN condition end promptly perform aN repairs,
replscemanb, end meintenenca necaesery to praarw its value.
CorrrpNanca YyNfr Enviroratraerfal Laws. Grants represents and warrants to Lender that: (11 During the period of
Granmr's owrership of the Property, there ha ban no use, ~Mratbn, menuhcture, smrsge, trsrtmem, dbposal,
rsleee or dvestsrred release of soy Hazardous Suhsataa by any parson on, under, about a from the Property;
121 Granmr has ra~ knowMdgs of, or reason m bsNaw d,et dare he bean, axapt as previously diecbad m end
acknowbdpad by Lender in writing, (a1 any brash or violation of anY Environmental Laws, Ibl any use,
gsrraratbn, marwfscturo, smregs, treatment, dHpoasl, raktas or thrsaterrsd raise of MY Hsurdow Substance
on, under, about ar from the Property by any prior owners or occupants of the Properly, a lol srry actwi or
throatsnsd Hdpatlon or clsims of any kind by arry person relating m strap mercers; and 131 E
xcapt a previously
disebaed m and ecknovrNdgad by Lertdrt In wrhktp, la) rrNdrsr Granmr nor srnr tansnt, corgracta, spNtt or other
authodad user of the Property shah wa, generate, manuhature, afore, frost, dbptee of a roktase any HazaMare
Substance an, order. about or from the Property; and iCI any such ecdvky afrall ba oaducted b compgsnce with
ell appNeabls federal, state, and heal laws, regulations end ordlnence, Mekrding without Nmftadon ell
Environmental Laws. Grantor audariza Lender end fte a~nta m enter upon the Property to make such
impectbra and tests, rt Grartor's expires, a Lender may deem appropriate m determine cempNanos of the
Property wkh fhb section of the Mortgage. Any kupacdoru a fate msds by Larder shall be for Lender's
purpose only end shalt not bs comtnrsd m create arty raporribllity a NabNhy on the pelt of Lsrder m Grantor or
to srry other parson. TM rspreasntatlona end warrantla contskad frerekr aro based on Granor's due diNpsras in
lnwetipatlnp-the Property for Hazardow Submnee. Grentor hereby Itl rolews and waive any futuro clNms
agskrst LaMsr fa indernrtky or contrNZrtbn in tire. swot Grantor bseomes liable for damp ar otMr seta under
arty such laws; and 121 sprees to irrdarnnify, defend, and trdd harnbsa Lender agairxt any end all cteims, loess,
liabigtbs, damps, penahle, and exparaes whbh Lender msy directly or Ind
a broaeti of this section of tM Mortgps or e s con kacdY sustain or suffer rest/dhg from
aaquence of arty ua, gsnerrtlon, msntrfacturo, storage,
diapotel, rsNee a thretened rWaa oxurring prior m Grantor's ownwhip or interest In the Property, whether
or not the assns was a afatrid hew bean krawn m Granmr. The provlebns of eMe section of the kortgage,
inchding the obNpatbn m IrzNmnify and deterd, shell survive the payment of the hdebtsdrrsa and the ssdafsction
and rocanwyance of tiro Nan of this Mortgpa and ahaN rat be affected by Lender's acquiaitlon of any krtsrat in
the Properly, whether by forecbsure or otherwhe.
Akrkerra, Web. Grantor shill not caws, tanduet or pemrit any nuieenee nor eommlG permit, or suffer any
stripping of w waste on a m the Property a any pardon of the Property. Wldaut Nmitirp tM generality of the
foregoirp, Granmr wiN not ramow, or grontm uW other party the right m remove, any timber, minereh (Including
oil and ga), coal, clay, scoria, soil, gravel or rook produob without Larder's prior written eoroeM.
Removal of krrprowntards. Grantor shall not demolish or ramow arty Improvemsnta tram the Reel Property
without Cedar's prior written consent. As s conilitbn m the removN of any Improvements, Lander may require
Grantor m make artengamsma adefactory to Lander m replace such Improvements with Improvements of at least
equsl vekrs.
LerMer's RTght m Error. Lander end Lender's yams and repreantadvea may antor upon the Real Property at all
roasonsbb times m attend m Larxlsr'a kzarets and m insect the Real Property for purposes of Gronmr's
compiience with tits terms and can~tbns of this Mortgage.
Corrrp/arrce wddr OovarrrrraMal Ragrrirerrrarrta. Granmr a1u11 promptly comply with all laws, adinsnca, and
regWetbru, now a hereeftsr In effect, of aN gawrrxrremai suthorlde appik,aMs m the we a occupancy of the
Property, krduding widaut N'mltatbn, tM Americem yyfttr DWbNitle Act. Grantor may rantert in good faits arty
such kw, ordinance, or regulation and. wlttMrPid cgmplianca durkrg arty proceeding, hx:tudirpl appropriate sppeeb,
ao bog a Grantor he ratified Lender in writing prbr m doing m std so king e, in Landsr's sots opinbn, Lender's
intareq in the PropsrtY era rat jeoperdissd. Larder may require Grantor to poet adequate security or a surety
bond, reasonably aatiefactory to Lender, m protect Larder's Interest.
Duty m Prefect. Gnntor pros neidrer m abandon a law unattarded the Property. Grmrtor shah do aN other
acts, in addhbn m throe acts set fortlt show in this action, which from the character and use of the Property are
roaonsbly neceaary to protect std praanre ilia Property,
DUE OUI SALE - CWI6ENT SY LENDER. Lender may, et Larder's option, dsciaro immedfatsly due and payable all sums
scared by fhb hbrtpage tgton ehs sale a trarafer, without Larrder's prbr wrhpn wnwnt, of aN or an
y pert of the Real
Property. or any intsreet In fire Real Property. A 'ssb a transfer' mesa the corneyuae of Rawl Propsrcy a any right,
tide or interest in tits Red Property; whathst legal, barafldel a equlable; wlydrer vabrrtery a imroluMery; whether by
outridrt aNs, tied, Metalknent sMs contract, land controot, contract for dead, leaadiold krterert with a term groater
than three t31 yarn, kesaoptbn contract, or by eak, asaipnmsnt, a trorrsfar of arty Irenetiofai interest in a m soy laml
trust hokgrtp title m tits Reel property, a by any other method of oawwaras of an interest in the Resl
Granmr b a caporadon, Irsrtrrrship a Wolfed NabiNty company, transfer abo include ~op°m'• If arty
than twsn flue any cfianBa in ownership of mac
ty- parpm (28!61 of tits wtinp stock, partrtsnhip inareeta or limited liability company intarata, as the
caa may be, of ouch Gronta. However, this option shah not be ezeroiaed by Larder if such exercise b prohibited by
federal law a by PannsylvaMa law.
TAl(ES AND LIENS. The foNowing provisions rslstlng m the taxes and Nens on the Property are part of this Mortgage:
Payment. Grorrmr shell psy when due. (and In all arronts prior m deNnquency) all razes, psyroN fazes, apsciN taxes,
aaamsnta, water charges aril ewer service charge bvied agelrrst or on account of the Property, and aheN Pay
when dos eN elaima fa work done on a fa stubs rardared a materiel furnishd m the Property. Granmr shah
maintab the Property fro of srry Ilene havirrg prbrky ova a equal m the interact of Lerrdar order tMs Mortgage,
excgrt fa tiro Edatlng kxteirtadnsse roferr~ m in this Mortpeps or those NBns spaclficaNy agreed m in writing by
Lender, end except fa the Ibn of taxe and saassmerrta not due a further spacifled In the Right to Comsat
parpraph.
Right to Career. Granmr may withhold paymarrt of any tax, asaamant, or claim In oonrucdon with a gootl faith
dkpuu over the obligation to pay, so bog as Lsndsr'a krtsrat in die Property is trot jsoPardlzsd. If a Ilan arias or
is fNed a e reWt of nonpaymsm. Grants shah within flken (161 days after fire Nan arise or, it a lien is flied,
withkr often 1t 5) days after Grsnta ha notbe of tits fNrg, sscrrra the discherye of des Iten, or If raquerted by
Lsndar, deposit with Lender cash a e sufflciem corporate steely bond a other scarify adsfaemry m Larder In an
emorxrt sufficient m dbcherga the lien giro any torte and reeonabb attorneys' foes, ar other charges that could
accrue as a rasuh of a foracbeure or sale under the Ibn. In arty tooter, Gremor etrall defend half and Lender and
aheN adsh eY adverse 1rdB~rt before enforcamant against tits Property. Granmr ahsN name Larrder ea en
addicbnel obligee under anY surety bond fwnishsd in the contest proceedings.
MORTGAGE
fContinuedl Page 3
Evidence of Payment. Grantor shall upon demand famish to Lender satisfactory evidence of payment of the taxes
or asaesamsnta end shNl authorize the appropriate governmental official to deliver to Lender at any time a wrktsn
statement of the taxes and aaseaaments against the Property.
Nodes of Cautruedon. Grantor ahsH notify Lender at least fifteen (t 51 days bsforo any work is commenced, any
service are texNahsd, or arty matarlah ere supplied to the Property, it any mechenie's Nen, maroriNmen'a Iisrt, or
other lion could ba asaertsd on account of tM work, services, or matsrisb. Grrttor wiN upon request of Lender
famish to Lender advance aasuronces satisfactory to Lender that Grantor can and will pay the cost of such
improvemams.
PROPERTY DAMAGE INSURANCE. TM following provisions raletlrtg to insuring the Property are a part of this
Mortgage:
Mafttbrartae M Instrartoe. Grentor shah procuro end maintain policies of fire insurance with stenderd ezlartded
cowrsgs endorsements on a raplscerrtertt bale for the fuN Irtaurebk velue covering sN Improvamsnta on the Reei
Property In en smouM atrffbimet to avoid applbation of arty coirtata'artce edsuw, and with a stsnderd mortgagee
elsta» in favor of Lender. Grerttor shall ebo proottre and rttaMtsin compraMndva general IisbMty IMtuanoe in such
cot~ags amourtts sa Larder may request with Lender bektg named ss addidonN haursda in such IINfNity inwronce
p08rba. Atiditiortatly, Grantor aheN tttaimein ouch other insurance, including but not limited to hazard, business
Intemrption std boiNr inaursnce as Lertdsr may regtdro. PoNeia shalt bs wrhten by such insurance companies and
in such form as-may bs reasonably acceptable t0 Larder. Grantor shell dsNver to Lender certificates of coverage
from each insuror coMalnMg a stipulation that covuaga wiN not be cenexNsd or dirninkhsd whhout a minimum of
ten ft01 days' prbr written notice to Larder and rat rantaining any disolskrtsr o} the irtauror'a lisbgity for failure to
give such notice. Each Insurance policy sbo ahsN inrrirda en ertdorssnwnt providing that coverage in favor of
Len~r wNl not be impaired in any way by any sot, omisalan or default of Onntor or any other person. Should the
Real Property be bcabd b en eras designated by the Direatm of the Federal Emer~ttcy Management Agency ea a
special flood hezaM area, Grentor agrees to obtekt end maintain Federal Flsod Insurance, rf available, within 45
days after node a giver[ by Lender that tits Property is boated In a sped flood hazard eras, far the full unpaid
pdncipal balance of the ben end any prior Nana on the properly assuring the loan, up to the maximum poNcy limits
set under tits Natbnel Rood Inauronce Progrem, or as otherwise required by Lender, end is maintain such
Insurance for the term of tits loan.
AppNoatbn of Proceeds. Grantor shell promptly notify Lender of any bas or damage to the Property. Lender may
make proof of bu if Grantor faiN to do w within ffteen (161 days of the cssuslty, Whether or not Lendu's
security is impalrod, Lsndu may, at Lertdsr'a Nscdon, receive and rstsin tfu ptaceede of any insurance and apply
the proceeds to the reductbn of the Indebtsdnsas, Payment of arty Nsn effsctMg the Property, or the restoration
and repak of the Property. d Larder elects to apply the proceeds m restoratlon and repair, Grantor sftaN repair or
replap tits damaged or datroyad ImprovemeMa in a mamer satlsfectory to Lender. Lertdar shall, upon
aetlahctory proof of such expend'tWre, pay or reimburse Gramor from the proceeds for the reawneble twat of
repai- or restoration if Grantor is not In dafauR under this Mortgage. Any prodeda whbh have not bven diaburaed
within 180 days after their roceipt and which Larder has not earrenktad to the ropsir or restoration of the Property
shah be used flrot to pay any amount owing to Larder under this Mortgage, then [O pay accrued intareet and the
remairder, if any, shHl be appNsd to the principal bdarae of the kdebtednaas. If Lander holds any proceeds after
payment in full of the IMabtadnass, such proceeds ahaN be paid to GreMor as Grantor's imereats may appear.
Cantpfianw wkh EtdaWtg Mdabbdrwss. Doming tits period in which arty Exiatlng ktdebtadnsss described babes is
in effort, compNanca with the hteuranre prwbbna comakted In the Instrument evidencing such Existing
Itdebtedness shall constkute twmpNSncs with the irtaurence proviabru under this Mortgage, to the extent
compliance with tits terms of this Mortgage wotdd ranstitute a duplbstion of inaursnrs roqukement. If any
proceeds from the inauranrs become peysbb on bas, des provlatona in fhb Mortgage for diviabn of proceeds shell
appy oMy to that portbn of the proceeds not payable to the holder of the Exlatittg Ittdsbtedtteas.
LENDER'S EXPENDITURES. If any ecdon ar proceeding is commant:ed that would mahrisify affect Lender's interest in
the Property or if Grantor fsih to comply with arty provbbn of thh Mortgage or my Related Documents, inckxNng but
not limited to Grantor's failure to comply with arty obNgaton to maittsM Edstirg Indabtethtaaa in good atarxNng as
required below, or to discharge or pay when due any smourtts Grentar h requhsd to discharge or pay under this
Mortgage or any Related Documents, Lander on Gramor'a behalf may (but shah not be obNgated to) take any ecdon that
Cartier deems appropriate, including but not limited to diacherginp or paying- aN taxes, liens, security intarasta,
encumbrarasa and other claims, aE arty time levied or pissed on the Property end paying ell caste far insuring,
maintaining and proserving the Property. All sash expsndituroa incurnfd or paid by Lander for such purposes wiN than
bear interest at the rate charged under the Note from the date ktcunad or paid by Lender a the data of repayment by
Grantor. All such sxpsrteae will become a part of the Indebtodraaa end, st Landsr's option, will {A) be peyebb on
demard; IB) be added is the balance of the Note and bs apportioned among end be payees with any inststlment
paymmtta to become due during either (t) the tans of any applicable Insurance poNcy; or (2) the remaining term of
the Note; or ICl be treated es s balloon psymsnt which wN bs due end peyabN et the Note's maturity. The Mortgage
also wiN sacuro payment of rheas amounts. Such right shall bs in addition to eN othu rights end remedies to which
Lender may be entltied upon Defeuft. Grantor's obligation to Lender for all such expanrea shall survive the entry of any
mortgage foreetosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownerehip of the Property ere a part of this
Mortgage:
TIW. Grantor wanents that: fel Granmr hdds good and marketable title of rerwrd to the Property in fee simple,
froe and clear of aN Ilsns and encumbroncee other then thole set forth in the Reel Property dsaeriptlon of in the
Existing Indebtednsp sectlon below or in arty tltle lnsuronrs policy, tide report, or final title opinion ksued in favor
of, std accepted by, Lender in eortnectbn with this Mortgage, and {bl Granttx has the full right, power, and
authority to execute and deNvu this Mortgage to Lender.
Defense of TiW. Subject [o the exception in the puegreph above, Grantor warcants and will forever de}end the
titb to the Property against the lawful claims of aN persons. In the swot arty actbn or proceeding is commenced
that questions Grantor's title or the (merest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nomtnel perry in such proceeding, but Lender shall be entitled ro
participate in Ths proeaeding end M be roproaented in the proceeding qy csunNl of Landu'a own choice, and
Grantor will dsllvet, or reuse to be delivered, to Larder such inavumsnta ea Lender may request from time to time
to permit such participation.
CempNance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with ell
existing applicable Iswe, ordinances, end regulations of govunmantal authorities.
SurvivM of Rapraaarttadata and Warcerttlsa. All represantetbna, werrenties, and agreements made by Grantor in
this Mortgage shell survive tits execution end delivery of this Mortgage, shall be contintdng in nature, and shall
remain in full force end affect until such time as Borrower's Indebtedness shall be geld ht full.
MORTGAGE
(Confinued) Page 4
EXISTINQ INDEBTEDNESS. The folbwing provlabru coneamirtg Ex4lirrg Indebtedness are a part of this Mortgage:
Exktlng LMn. The Nan of this Mortgage securing- the Indsbtadnsss may W aecortdery and Inrirbr m an exhdng
Ikn. Grantor axpraasly covsnanri and agroes m pay, or see m the psyrtum of the Exbtkp Indebtedness and to
prowm any dsfwh on each ktdsbtsdnass, arty dsfeuh under the inetrumaMS evidencing such indaDtsdnesa, or any
detauft undarany sectxlty documutri for such indebtedness.
No Modlfloadsn. Grantor afteN riot antis kite sty agreement with the holder of any mortgage or other security
agreement which ha prbrity over tMa Mortgage by wMch that agrsamatt to madifiMf, arrtendad, extended, or
renewed without ilia prior written comem of Landis: Grsnmr aheq naitltsr request car accept any future edwnces
under any such security agreement wittrout the prior written corwnt of Lender.
ClN10EMNATiON. The following provisions relating to catdemnatlon pracesdings are a part of this Mortgage:
Procsedktgs. If any procssdirtg b corxkmnstbn le flit, Orenmr shell promptly notify Lender in writing, and
Grantor sheN promptly take ouch sups Y may bs newawry m defend the scdat and obtain tM award. Gremor
may be the rx>minal putt' in suoh prooesding, but Landis sheN be sndtisd m partldpats in the proceeding end to be
ropresemed in tM proceeding by wumel of Its own choice, aid Grantor wNl delhrer or cause m be delhrerad m
Lenrhr attah irntrumenri and documanritlon as may be requested by Lantkr from time to time m permit such
partidpetlon.
Applbadat d Nat Proceeds. If ell or any put of the Proputy is condemned by eminent domain proceedirtga or by
ury proceeding or ptrchass in lieu of condurxtatbn, LarMar maY at its sbctbn require that ell or any portkxt of the
net proceeds of the award ba eppNsd m the ind~tednass or the repak or restaretfort of the Property. Tha net
proceeds of the award shall mean the awud attar payment of eN eetuel costa, expenses, and atmrneys' fees
incvrod by Lender b oonrtecdon-with the condamnetbn.
IMPOBITIOM OP TAXER, FEES AND CHARGES BY GOYERNMENTAL AUTHORITIES. The fogowing provisions rolatlng
m govammemal rixae, fees end dtaryw aro a part of this Mortgage:
Current Taxis, Esq acrd t2rargaa. Upon roquat by Lander, Gromor shell execute such doctsrtents In additlon to
this Mortgage utd take wMriver otltu action b rsquserid by Lender m perfect end conifrtus Lender's qen on the
Rest Proputy. Grartmr shah rsimbtxse LarMu for ~ taxes, u dsscrbed 6afow, together with all expenses
Incurrod in rscordfrtg, psrfsctlrtp u continuing thin Mortgage, including witltout Iimhatlon all taxes, fees,
documentary atampa, end other charges for recording or rsg4terirtg this Mortg~a.
Taxes. Tha folbwing shall consdturi taxes to which this section appNes: It) a apeciflc tax upon this type of
Mor~ags or upon ell or arty pert of the Irtdebtedrasa secured by this Mortgage; 12) a specific tax on Borrower
which Borrower is suthorhed or requkd m deduct from peymanri on the IndeDtsdnsss secured by this type of
Mortgage; (3) a tax an this type of Mortgage chergesMe agairxst the Lender or the holder of the Note; and (4} a
apeciflc tax on all or any portion of the Indsbtsdnm or on psymenri of principal end imsrest made by Borrower.
Subsegrrurt Tatar. If ury tax m which tlNs sactbn eppqu fs enacted subsequatt m the date of this Mortgage,
this evert ahaq haw tfw same effect u an Evert of Default and Lender may exuebe any or aN of iri eveNabk
remedies for an Evem of Datstdt as provkNd bsbw unless 6nntor sitter 111 pays Cie tax before it becomes
degngwn4 or (2) Comeari the tax a• provkled above in the Taxaa end Lime section and deposits with Lender
esah or s sufflckm corporate surety bond or othu saeurity satisfactory m Lender.
SECURITY AORENEt1ENT; FINANCING STATEMENTS. The mNowktg provisions relating to this Mortgage es a security
agreement. aro a part of fhb Mortgage:
Seourisy Agrosmertt. This instrumsm shall constitute a Security AgroameM m the extent any of the Property
constitutes fbmtros, end Lsrdu shall haw aN of the nghri of a secured parry under the Uniform Commercial Code
as emended from time m time.
Security kttarsat. Upon request by Lender, Grsnmr shah take wheriwr actor b requested by Lander to perfect
end cominue Lsrtder's aecuritY kmrest in the Rama end Pereonal Property. M edditbn to recording this Mortgage
in the real property records, Lender may, at erry time and without furthu authorlutlon from Oramor, file executed
counrirpsrts, copies or reproductions of this Mortgage es a flnencing statement. Grantor ahaN reimburse Lender
for all expetaes incurred in pufsctlng or rxrntlnuitg thb aecurlty interest. Upon default, Grsnmr shall not remove,
aevu or detach the Peraonel Property from the Proputy. Upon dsfauR, Grarxor shall esasmbb any Personal
Property not affixed m the Property in a manna end at a place reasonably convenient m Gremor and lender end
make it avsilabb m Calder within three 131 days after receipt of written demand hem Lender m the eMent
psrrnitted by appgca6ls Isw.
Addresses. The mtNing addroassa of Gromor (debmr) end Lander Iwcured party) from which information
eonearrArtg the aecurtty imerut granted by this Mor~ape may be obtained (each as required by the Uniform
CommeroiN Codsl aro as stag on the first paps of thh Mortgage.
FURTHER ASSUMNCES; ADDITIONAL AUTHORIZATIONS. The foibwing proviabna relating to further assurances and
additbnal authorbatlons aro a part of this Mortgage:
Furtltu Aareanaes. At any tkrta, and from time m time, upon request of Lander, Grantor will make, execute aril
deNwr, or wN wusa to 6s malls, executed or delivered, m Lender or m Lender's deaignas, and when requested by
Lender, caws m be fNsd, rocorded, raftkd, or rerecor~d, sa the case may be, at each times and in such offkrea
and places as Lender may deem appropriate, arty and eN such mortgages, deeds of trust, security deeds, ssctxity
aprsartsnri, financing atstemema, condnuatbn sterimema, ktstruntems of furthu saursnce, certHicaria, and
other documertri ae may, kt the sob opinbn of Lsndsr, bs naesasery or desirable M order m slhetuete. comphri,
perfect, corttlrxa, or preserve I7) Borrower's and Grantor's obligations under the Nori, this Mortgage, end the
Related Oocrxrama, arM 12) the liens end security Interests crested by Mla fiAartgage ort the Property, whether
now owned rx hsreafrir acquired by Grsnmr. Urtbes prohibited by kw or lender agrees to the contrary in writing,
Grsnmr ahdl reimburse Lender for ell costa and expenses incurred in connectbn with the matters referred m in this
paragraph.
Addldansl Atrtltorisartlorts. If Grsnmr fella m do any of the things referred m in the preceding puagraph, Lender
may do so for and in file name of Grsnmr and u Grenmr'a expellee. For such purptxies, Gronmr hereby
irrevocably suthorlms Lender m tusks, exscuri, deliver, fNe, record and do all otMr thugs as may be necessary or
desirable, In Lender'• sole opinion, to ecwmpllsh tM memro rofemd m in the preceding peregreph. It la
understood that nothing set forth herein shell regtike Lender to take any such actiate.
FULL PERFORMANCE. It Borrowu and Grantor pay ell the Indebtedness when due, and Grantor otherwise performs all
the obligations Imposed upon Grsnmr under this Mortgage, larMu shell execuri and dagvar to Grsnmr a suitable
sstlsfactbn of tNs Mortgage and suitable atstamanri of rirminatbn of arty financing statement on file evkdencing
Lender's security kttusst in the Rents and the Personal Property. Grsnmr will pay, If permitted by applicable law, any
esasonaby termination fee as determined by Lender from Nme m time.
MORTGAGE
(Continued) Page 5
EYENTS OF DEFAULT. Each of the fdlowing, et Lender's opton, shall constitute en Event of Default under this
Mortgage:
Payment Defwlt. Borrower feik to make any payment when due under the Indebtedness.
Dsfauk on Other Payntsrrts. Fatless of Grantor within the time required by thin Mortgage to make any payment for
taxes or krsurentx, or any other payment necessary to prewM filing of or to effect dlechergs of em/ lien.
Other Defetita. Borrower or Grantor fepa to txxnply with or to perform any oche term, obligation, covenant or
condldon eonteinsd in title Mortgage or in errv of the. Related Documents or to comply with or to perform any term,
oWigadon, oovsnant or condition contektsd in sny other egrasmem between Landes and Borrower or Grantor.
Fake Staprrmtts. Any warranty, representation or statement mode or fumishad to Lender by Borrower or Grenror
or on Borrower's or Grantor's babel( under thle Mortgage or the Related Documents is fobs or misleading in arty
material rospeot, either now or at the time made or fumishad or becomes tales Of mleleedfng et any time
thereafter.
DMaeliw CaaatsraNzsdon. TMs Mor~egs or any of the Related Documents ceases to be in full force end effect
(iraludktg fatless of any colletsral document to create a wild and perfected security imeroet or Hen) at any time end
for any reason.
Death or Iroailwwrray. The dissolution or tsrminetion of Borrower's or Grantor's axbtence as a going business, the
insolvency of Borrower or Grantor, the appdntmsnt of a recNwr for arty part of Borrower's or Grsntor'a property,
arty esaignmant for the benefit of creditors, any type of creditor workout, or the commenrxment of any proceeding
order arty Mnkruptcy or lnsolwney Iowa by or agelmt Borrower or Grantor.
Crodlbr or FartsiWre Proossr~gs. Commencement of foroclosuro or forfeiture proeesdMgs, whether by Judicial
prorxedirrg, self-frslp, roposassabn or srry otMr method, by any araditar of Borrower or Grantor or by any
gowmmsntal yancy against any property securing the Indebtedness. Thin irxdudss a gamiahment of arty of
Borrower's w Grantor's accounb, fnchrdkrg deposit accounts, with Lender. Howawr, thk Ewnt of Default shell
not apply If (hero is a good faith dkputs try Borrower or Grantor ss a the vslldlty or roaonabfeness of the ckim
which k the basis of the cradtor or forfeiture proceeding std if Borrower w Grwttar Biwa Lender written notce of
the creditor or forfeituro procsadlrtg end dsposlU with Lander monies or a swety bond for the creditor or forfeiture
proceeding, in an amount detertnirred by Larder, in Its sole discrotion, ae being an adequate roaerw or bond for the
dispute.
Exkting Mdabtadrrssr. The payment of any instagmsnt of principal or arty interest on the Exiedng Indsbtminses is
not made within the time required by the promissory rate evidencing such indebtadrws, or a dstadt occure order
the instrument securing such kdebtedroas end is not cured during any applicable grace period in such instrument,
or any suit or other action k commenced to foradose sny sxledng lien on tfie Property.
Breech of Other Agraanrsrtt. Any breech by Borrower or Granmr order the corms of any other agreement between
Borrower or Grantor and Lender that la rat remedied whfdn any grace period provided therein, ind~ng without
limitatbn any agreenlsM concerning any indsbtednase or other abligaton of Borrower or Grantor to Lender,
whether sdsdng now or Iatsr.
Events Afhotkrg GuaraMer. Any of the preceding awnta occurs whh respect to any Guarantor of any of the
Indebtedness or arty Gwrontor dies or becomes Incompetent, or revokes or disputes the validity of, or liability
under, any 6uaromy of tM Indebtedness.
Adwrss Chsrpo. A materiel adwroe change occurs in Grantor's Nnencial condhion, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired.
h»eourity. Larder in good faith believes itself insecure.
Right to Curo. If any default, other than a dafauh in payment is curable and if Grenror has not been given a notice
of a breach of the some provision of this Mortgage whhin the precedkg (waive 112) months, it may be cured it
Grantor, after Lender sends written nodca to Borrower dsmandmg ewe of such default: Itl curos the default
within fifteen (16) days; w f21 if the ewe requhea more than fifteen (15) days, immediately inhiatas steps which
Lender deems In Lender's sale dleerstion to be sufiklem to cure the dehuh and thsroaftar condnuae end
completes all roasonabk and necessary aropa sufficient to produce compliance as soon as roasonably practice(.
RIGHT8 AND REMEf~E8 ON DEFAULT. Upon the occwrence of sn Event of Default and at any time thereafter, Lender,
at Lender's option, may exerdae any one or more of the following rights and remedies, kr addidon to any other rights or
remedies provided by law:
Aecskrob IrWsbtsdMSS. Lender ahNi have the right et its option, after givirg such notices as required by
applioabie law, m declare the entire Indebtedness immediately due and payable.
UCC Rarrradiu. 1Mth respect to all or any part of the Peroonel Property, Lender shell have all the rights and
romedies of a secured party under the Un'dorm Commeroiei Cade.
CoiNct RsMS. Larder shall hew the right, without radce to Borrower or Grantor, to take posaesebn of the
Property end cdlect the Rents, indudfng amounts past dre and unpskl, and apply tiro net proceeds, over and
show Lender's toss, against the kdabtedneas. In furtharanoe of dda right, Lander rosy requiro any tenant or
other user of the Property t0 make payments of rent Or use fees dirscdy to Lertdx. If the Rents ere coaacted by
Lender, then Grantor irrevocably authorizes Lender ro endorse inetrumenta received in psymem thereof in the name
of Gransor and m naggdate the some and collect the. proceeds. PsymeMS by tansnts or other users to Lender in
response to Lender's demand shall sadsfy the obggatiorrs for which the paymsnh ere made, whether or not any
proper grounds for the demand existed. Lender rosy exaroise its rights under thh subparagraph either in person,
6y agent, or duough a recaiwr.
Appoint Raaehrer. Lendx ahsB haw the right to have a receiver appointed to take possession of all or any part of
the Pro{rerty, with the power to protect and preserve the' Property, to operate the Property proceding foreckrauro or
eels, end to collect the Berets from the Property and apply d,e proceeds, over and show the coat of die
racelverehip, against dre Indebtedness. The receiver rosy serve widaut bond n permhted by Isw. Lender's right
to the appointment of a receiver shall exist whether or not the appsrsnt value of the Property excs~a the
Indsbtedneaa by a subsrondal amount. Empleyment by Lender shall not disquenfy a parson from serving as a
receiver.
Judcial Foradosws. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any pert of the
Property.
Poraaaion of the Property. For the purpose of procuring possession of the Property, Grantor hereby authoress
and empowers any sttomsy of arty court of record In the Commonwealth of Pennglvsnla or elsewhere, as attorney
for Lender end ad persons clNming under or through Lander, to sign an agreement for emering in any competent
court an amicable ecdon in ejectment for posaesalon of the Property and to appear for and confess judgment
MORTGAGE
(Continued) Page 6
agaktst Grantor, and agaktat ell persons claimirp under a Mro~h Grantor, for the recovery 6y Lsn~r of
possession of the Property, wkhout arty aby of sxacutbn, for which this Morhage, or a Dopy of this Mortgage
verified by effldeyit, shag be a aufflcisnt waram; and thereupon a writ of poseesabn may be issued forthwith,
without any prior wrk a proosbirp whataoewr.
NaegudielN Sant. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property err the Real Property by non-Judicial sale.
Defldarcy JudpreM. Lender may ttbtsin a judgmeru for any defickncy remakting in the IMsbtodness due to
Lender after appgcadon of erg amounts revived f-om the exerohe of the rights provkled In thin aecdon.
Tensnoy at Sufhreros. If Grentor remains in posssaafon of the Property after the Property is veld ere provided
above or ladder otltarwbs becomes enUdsd to possaafon of Ms Property upon default of Borrower or Grantor,
Grsntw ehaN become a tenant at sufhrancs of LerMsr or tM purchaser of tM Property end ahsg, st Lerxfer's
option, eider l11 pay a roa~nable rental to the use of the Property, or 121 vacate the Property immedfatNy
upon the demand of Lender.
Odor RemsdMs. Lender ahsll haw ell other rights and remedies provided in this Mortgage or the Note or available
et law or in equity.
SsN of drs Property. To the extent permtted by appicabls law, Borrower and Grentor herby valve sny and ell
right b hew the Property marahsgsd. In sxercbing Ib rights and romedies, Lender shell be free to sell all or any
part of the Property topetiter or aspsrately, In orre Bale or by aepareb salsa. Lender shall bs entkMd to bid at any
public sale on ell err sny portion of the Property.
Notbe of Bale. Lender shall give Grantor reasonable notice of Ma time and place of airy public sale of the Personal
Property or of the time after which arty private eats or other intended diapoWtbn of the Personal property is to be
made. Unlaces odwrtnriae rsgt>Irad by appgcebla law, reeaoratrls notice shag mean notice given et lase ten 1101
days before the tans of the. sale or disposition. Arty sab of the Personal Property may be made in conjunction with
any aala of the Rsal Property.
Elandort of Rama6as. Election by Lender to purow arty remedy ahsg not exclude pwauk of sny other remedy, and
an elsctlon to make expadiWra or to take sctbn to psrfonn an obrpadon of Grentor under tMe Mortgage, afror
Gremor'a faguro m perform, ahsg not effect Lender's right b declare a dshuk end sxaroiae ks remedies. Nothing
under this Mortgage or othsrwhe shall bs canstrusd ao as to limit or ratt-bt d» rights and remedies available to
Lender fogowktg an Event of Default, or in any way to limit or restrict the righp and ebgity of lender to proceed
dirocdy egaktet Grentor artdfor Bortowsr and/or against arty other co-msker, guarmtor, wrety or endorser sndlor to
procwd agsirut sny other collateral dlrectty a indirectly sscwing the Indsbtednea.
Attemeys' lrep; Expenses. If Lander imdtutee any stilt or action to enforce any of the terrru of this Mortgage,
Lsrxlar shag be sodded to recover such sum as the court nrsy adjudge reesonabb ea atromeys' fees at trial and
upon any appeal. Whether or not arty court ectbn w imrolved, end ro tM extent not prohibited by law, ell
reuonable expanses LarxNr inowe that in Lender's apirtbn are necessary at any time for the protection of its
interest a the enforoattsrt of ib rlghb shag become a pert of the Indebtedness payable on demand and ahsg bear
interact st the Note rats from the date of the sxpatditwe untg repaid. Expense covered by this paagreph include,
wkhout Iimtbtbn, however wbject to arty IkMb txw~ applicabN law, Landa'e reaeoratbk sttomsys' fees and
Lsrba'c legal txpsraa, whedter or not them b e Mwauk, including rweonsbb attomsys' het and axparws tar
baldtnrptcy proceedMgs (inchxgng sfhrb to modify or vscsh any wtomatic stay or InJtmctionl, appeals, and arty
antkdpassd postaudpntertt cogsadon services, the cost of aaaching records, obtakdng title reports rmckxling
foracbsure roporb-, stxwyoro' roporb, and ~praiaal fees and this inaurartca, to the extent permitted by
appgcabie law. Grentor also wgl pay arty court coats, in addition to eg other soma provided by law.
NOTICES. Unless otherwise provided by applicable law, arty notlce required to be gMan untie tMs Mortgage shell be
given in writlrp, and shall M sffectlve when actwlly daitvarod, when actuNly rwsiwd by tekfecaimila {unksa
otherwiw required by law), when deposited with s natkmslty recognised ovsmlght cooler, or, it mailed, when dspwitad
in the Urgtad State mag, u first tier, certified or roglsarod mail goatees prepaid, directed b tM addrossas Mown
near the bsgkrdrtg of this Mort~gs. All copies of rwdaes of foraolowre hom the holder of any Ilan whbh hca priority
over tMs Mortgage aril nodcsa purswm m 42 Pa. C.S.A. Section 8143, et. seq., ahsg be aunt to Lender's address, ea
ahawn near the 6agtnrting of title Mortgage. Any party may charge its addroa for ratbae under this Mortgage by
giving formal written notice ro the other parties, speoHylrg Met the purpose of the notiq io to change the party's
address. For notloe purposes, Grsmof agrwe to keep Lander IMormed at erg times of Grantor's currant addrosa. Unless
otharWip provided by appllcabk Iew, if them is more Men one Grantor, any notice gkron by Lender to any Grantor ie
deemed to be rotirs pawn to aN Grantors.
ADVANCE MONEY MORTGAGE. (A- This Mortgage secures future advancse made pteswnt to the Nola or Related
Documents. Without limiting the foragolrp, thin Mortgage sarxxrs aN sdvancsc made by Lender or Banks of any kind or
nature dsacribed in 42 Pe. C.S.A. 3 8144. IBI If Grarrtor sends a wrltbn redo. re Lander which purports b limit the
indebteidness assured by Mis Mortgage end to rekaae the ablipadon of Lender ro rMlta arty addkbnal advances to or
for the. bateflt of Grantor, such a notice shag be irtaffsctlvs as to ury future advances made; !1- to enabb completion
of the Improwmsnb on the Reel Property for which the loan secured hereby vac odgMsgy made; 121 to pay taxes,
assaasmanb, mdnbnance charges and tnswenee premiums; {3- for costs irtcurcsd for the probctbn of the Property or
the gar of Mb Mortgage; 141 on account of expenses incurred by Lender by rseaon of a dsfwk at Borrower err Grantor
hsretmder or larder tM Ralabd Doenananb or under dr Nob; and {bl on acaoum of arty other coats Incurred by Lerner
to probct and preaava tM Property or the gen of this Mortgage. It is the Intention of the parties hereto Mat any such
advanrxt made by Lender efts any such notlce by Grantor shag be secured by the Iisn of Mb Mortgage on the Property.
MISCELLANEOU8 PROVgiIIONS. The following miscellaneous provlabns are a girt of this Mortgage:
Antertdnartb. Thla Mortgage, together with any Related Dooumenta, constitutes the entire understanding and
agreement of the parties as b the msttsre eat forts in this Mortgage. No alteration of or amerxlment to this
Mortgage shag be effective tnMas given in wAting end signed by the parry err parties sought to be charged or
bound by the albretbn or amendment.
Annual Reports. If the Property is wad for pwpoaes other then Grantor's reairMnce, Grantor shall furnish to
Lender, upon request, a cartlflad abtamant of rat operetlng Income received from the property during Grantor's
previous fbcel year in wch form and dsrog ea Lender shag require. "Net operetlng ktcome' ahNl mean all cash
receipts from the Property lase tit cash expendituros made In connection with the opsratbn of the Property.
Ceptbn Hastings. Captbn hesdirga in this Mortgage ere for convenience purposes oMy and ere not tc be used to
interpret or define Me provlsbna of Mis Mortgage.
JoIM and SawrN L'wbgky. Ag obigatione of Bortower aril Grantor under Mis Mortgage shall ba joint and aewrel,
and ell rohrences to Grantor shell mean each and every Grertmr, and ell references to Borrower shall mean each
and every Borcower. This means that each Grantor signing below Is responsible tw ell obligations in this Mortgage.
MORTGAGE
(Continued) Page 7
No Waiver by Lender. Lender shag not be deemed to have waived any rights under this Mortpspe unless such
waiver is given in wriNrep and signed by Lender. No daisy a omiaabn on the part of Lender In exsrciting sny rlgM
shall operate u a waiver of such right or sny otltsr rlgM. A wehror by Lender of a provision of this Mor~sge shall
net prejudice a constitute a waiver of Lender's right otherwise to demand strict cornpNarxx with that provialon or
any other provision of 1Ms Mortgage. No prior waiver by Lender, nor any course of daNing between Lsredar end
Grantor, shall oonadtute a waiver of any of lerxier's rights or of any of Grantor's obMpatbns as to arty futuro
trensecdons. Whenever the consent of lender b requksd under this Mortga~, the granting of such consent by
Lender in arty instance shall not constitub continuing caaant to subastpxnt intsnees where such conasnt is
requked end in erg caps such consent may be gnMed a wiN+IesM M the sole dbcMion of Lender.
SavarabgMy. If a court of competent juradictlon finds sny provision of this Mortgage to bs illegal, inwtld, or
unenforceable ere to srry person or circumstance; that tMdMg sfeaN not make the oflendirep proviskm giegN, kwelid,
or exeenforoeable ere to any other person or drour>mtana. tt faaWla, tM offending provision shall be coraidersd
modlflad so that it becomes IagN, valid and enforceable. H Nee offsrd4ep provsion cannot be so modiflad, it shetl
fm wresidarad deleted from rtes Mortgage. Unless otherwles requked by law, tiro lktgelity, irnalkl(ty, or
unenfr»ras66ity of arty provision of this Mortgage shell not affect the IpaNty, valkRty or enforceability of any other
provison of this Mortgage.
Mtrger. There shag be no merger of the interest or rotate croatsd by this Mortpsge with any other interest or
estate in the Property at any Nme heN1 by a for the benefit of Lender In sny cepaehy, without the written consent
of Lender.
Suexessor Inbreett. The terms of this Mortgage shell be bindkep upon GreMOr, Bred upon Grantor's heirs, pereonal
reproseMaNves, successors, and assipna, end shall be enforoesbla by Lender and ip successors and assigns.
Thus le of tM Essanos. Time fa of the essence In the psrfonnance of this Mortgage.
DEFINITIONS. The following capitalized words and terms shall haw the following meanings when used in this
Mortgage. UMan apaciNCally stored to the contrary, atl refennaes to dogar amounts ahNl mean amounts in lawful
money of Nee United Ststes of America. Words and terms wad in the sinpuler shall Mckafe the p1urN, and the plural
shall include the airegulo, ss the content may require. Worts and terms not otfrorwiae defined in thla Mortgage shall
have the msankepe attributed M such terms In the Uniform Commarclel Code:
Borrower. The ward 'Borrower" meant AES Hearthplace Inc. end includes all co-signers and co-mekera signing
the Nota end eM their successors and assigns.
Dehrdt. The word "Default means the Default set forth In this Mortgage in the section titled "Default".
EnvirorureenW Levers. The words "Environmental Levee" mean any end all state, federal and local statutes,
raguletkms Bred ordinsnces relating to the protection of human heslth a the environment, including without
limitaton Nta Comprehensive Environmental Retponee, Compemation, and LiNeility Abt of 1980, as emerxkd, 42
U.S.C. Secton 9601, at seq. ("CERCLAy, the Supartund Amendmente and Rsatrdeorizadon Act of 1988, Pub. L.
No. 98-498 1"SARA"1, the Hazenfoua Materials Traraportatlon Act, 48 U.S.C. Secdon 1801, et seq., the Resource
Conaervadon and Recovery Act, 42 U.S.C. Section 6801, at seq., or other applicable stets or federal laws, rules,
or ragulatiorn adopted pursuant thereto.
EwM of Dahult. The words "Event of Default" mean any of the events of default set forth in this Mortgago in the
events of dehult section of this Mortgage.
Existing kMebtedreess. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
provision of thle Mortgage.
Grantor. The word "Grantor" means Richard M, Soccio and Monica H Soccio.
Guarantor. The ward "Guarantor" means any guarantor, surety, or accommodetfan party of any or ell of the
Indebtedreesa.
Guaranty. The word "Guaranty" means [he guaranty from Guarantor to Lender, including without limitation a
guaranty of ail or part of the Note.
Hazardow Sutesfireass. The words "Hezerdow Substances" mean materiels that, becewe at their quanrity,
eonesntrstion err physical, chemical or infecNow charscteristics, may cause or goes a prosent or potential hazard
to human health or the environment when improperly wed, trsstsd, stored, dleptxrsd of, generated, manufsctured,
transported or otherwise handled. The words "Hazardow Substances" are used M their very broadest sense and
include without Hmitetion any and all hazardow or toxic substances, materials a waste ea defined by or listed
undnt tlM Environmental Laws. The term 'Hazardous Substances" also inciudea, without limitation, petroleum and
petroleum by-products or any fraction Nroraof and asbestos.
ImprowmaMS. The word "Improvemente" means all edstHep and future improvements, buildings, atructurea,
mobge homes affixed on the Reel Property, facilltlea, additions, replacements end other construction on the Real
Property.
Indabtednesa. The word "Indebtedness" means ell principal, interest, and other amounts, costs and expenses
peysble under Nte Note or Related Document, togstMr with ell .renewals of, :extensions of, modlficstiona of,
conso9dariont of and subsNtutiont fir rtes Note a Rented Dooumentt and shy amotrny expetet~ed or advanced by
Larder to discharge GraMOf't Obggations or sxpeMas incttrrad by Larder to entarr~ Grert(orta obligatbns under
this Mortgsps, together with interest on such smounte a provided in this Moitpiq`e. "Fite Ifani"end security
Interests created pursuant to this Mortgage covering the indsbtednssil which'~r be" c~ealied' in~'the'firturo shall
roleta beck to the dote of this Mortgage. Specificdly, without limitstlen, ~lndebtadne~ i(tclides all'~amouats that
may fro indirscdy axured by tfu Cross-Collateralizarion provision of this MortBaga. ,
Lsndar. The word "Lender" means ORRSTOWN BANK, its succeaeoro and assigns.
Mortgsgs. The word "Mortgage" means this Mortgage between Grantor and Lender.
Nato. The word "Note" means the promlesory note dated July 14, 2008, in fhe original principal amount
of 810Q,000.00 from Borrower te Lender, together with all renswala af, szternkxn of, modificstions of,
refinancings of, consolidations of, and aubstitutktna for the pramiasory note or agreement. NOTICE TO GRANTOR:
THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Parsaenl Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or eHixed to rtes Real Properly;
together with all acceaeions, parts, end additions to, all replacements of, end erg aubstkudons for, any of such
property; and together with ell proceeds lincludinp without limitation ail insurance proceeds and refunds of
premiums) from any sale or other diaposirion of the Property.
Property. The word "Property" means coilectlvely the Reel Property and the Personal Property.
MORTGAGE
(Continued) Page s
Red Property. The words 'Real Property' mean the roel property, interests and rights, as further described in this
Mortgage.
RNspd DoeunMnb. The words 'Related DocumsMS" mean all promissory rotes, credit agreements, loan
agreements, environmental sgrosrnsrrta, guersntlee, security sgrasments, mongagss, deeds of trust, security
deeds, aoBamrsl mortgages, end eH other Iratnsnents, egroements and documents, whether now or hereafter
existlrq, exacutad in connectlon with the Indebtedness.
ReMS. Ths word "Rents' means aN present end future rents, revenues, income, Issues, roysltbs. Profhs, and
other benefhs derived from tfre Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND EACH
GRANTOR AGREES TO fTS TERMS.
THK MORTQA~ M GNEN UNDER 8EAL AND fi IS INTENDED THAT THI8 MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A 8EAL® KrSTRUMENT ACCORDa1G TO LAW.
GRANTOR:
X "'""~"""` "- Sstq
R .. //
X /~+1.E"E.+~ ~/ ~ ISeaq
~~
Signed. aaknoMAadgad and daBverad in tfw praanca of:
X ,Ir""~
Witness
X Aa 7'u ~~
Wimsss
CERTIFICATE OF RESIDENCE
I hereby cerdfy, that the predse address of tlta mortgagee, ORRSTOWN BANK, herein Is es folbws:
KING STREET OFFICE, 77 EAST KING STREET, SHBrPENSBURG, PA 17257
r
Attorney or Agent for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA 1
Cw~bPX ~.I~ r~ I ss
COUNTY OF
`r~tha ~ ~t ' day of ~.J ~ u . 20 _~, before ms
the undaraigrwd Notary Pu pareonelly appearod M. Saodo and
MaNoa N 6oeoio, known to ms or satisfactorily proven) to be the person whose name aro subacr~sd to the within
instrument, end acknowledged that they axeauted the same for the purposes therein contained.
M wiewss whereof, 1 hersurrto sat my hand and otficitl seal.
COMMQNWEALTH OF PENNSYLVANIA
N0~1 Seal ".... Notary Public for the State of p41fV11CV ~ Vl,IYI IM
JerteNe L. Atlen, Nlltary Pu61iC
Sft~etMbUfg 801'0, CiUfflbeAOftd COlA1lSf .
My C,alrrflissian Eltpires Jule 14,2010
PA c:1CFnLPL1G03.FC TR-23425 PR-1
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200930011
Recorded On 827/2009 At 11:13:53 AM
* Instrument Type -MORTGAGE
Invoice Number - 31205 Uaer ID - RAK
* Mortgagor - SOCCIO, RICHARD M
* Mortgagee - ORRSTOWN BANK
* Customer - ORRSTOWN BANK
* FEES
STATE 1PRIT TAR $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $19.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIV83 FEE $3.00
TOTAL PAID $56.50
* Total Pages - 9
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
*0 a~"'~'T/~ ~~
RECORDER O D DS
"- [nformatlon denoted by an asterisk may change during
the verification process and msy not be reflected on this page.
007`8.1
IIII~II ~~~~
BARK
Attorneys at Law
SCHERER
LLC
David A. Banc
Michael A. Scherer
Tricia D. Naylor
Bret P. Shaffer
Steven J. Fishman
Of Counsel
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
(717) 249-5755 -Fax
dbaric®baricscherer. com
November 20, 2012
VIA CERTIFIED # 70121640 00010782 2409
AND U.S. FIRST CLASS MAIL
Mazcus McKnight, III, Esquire
Irwin and McKnight P.C.
60 WestPomfret Street
Carlisle, Pennsylvania 17013
RE: Orrstown Bank/AES Hearthplace. Inc.
Dear Mazcus:
Please consider this correspondence as notice to your client, AES Hearthplace, Inc. that,
pursuant to the terms of the loan documents, Orrstown Bank hereby demands payment in full of
all amounts outstanding under the Promissory Note dated July 14, 2009.
As of November 16, 2012, the total payoff amount was $84,991.45 with a per diem of
$11.65. Please forwazd this notice to your client as soon as possible. If you would caze to
discuss this matter in more detail, please contact me.
Very truly yours,
BARK SCHERER C
J
David A. Baric, Esquire
DAB/jl
cc: Mowen VIA FACSIMILE: (717) 264-3154
File
dab. dir/orrstown bank/aes/m ckn ight6.ltr
EXHIBIT "C"
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. NO. 2013-275 CIVIL TERM
RICHARD M. SOCCIO and
MONICA H. SOCCIO, MORTGAGE FORECLOSURE 3 _
1743 PINE ROAD z M =
NEWVILLE PA 17241 -a 7' '
Defendants <�
PLAINTIFF'S ANSWER TO PETITION OF MEMBERS
CW 4a i",
IST FEDERAL CREDIT UNION TO INTERVENE
AND NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, BARIC
SCHERER LLC, and files the within Answer To Petition Of Members I st Federal Credit Union
To Intervene and, in support thereof, sets forth the following:
1. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
2. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
3. This is a legal conclusion to which no response is required. To the extent a
response may be deemed necessary, the averment is denied.
4. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
5. Admitted.
6. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
7. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
8. Admitted.
9. Admitted.
10. Denied. To the contrary, no instruction to close the line of credit was ever
provided by Defendants or counsel for Defendants.
11. Denied. To the contrary, no instruction to close the line of credit was ever
provided by Defendants or counsel for Defendants.
12. Admitted.
13. Admitted in part and denied in part.
14. Denied. To the contrary, Exhibit"C" appended to the Petition is a receipt for
payment but is not a"payment confirmation" of payment of the loan in full
15. Denied. To the contrary, neither Defendants nor Defendants' counsel requested
the line of credit be closed.
16. Denied. To the contrary, neither Defendants nor Defendants' counsel requested
the line of credit be closed.
17. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
18. Admitted.
19. Denied. To the contrary, Plaintiff's position is the line of credit was never closed
and, in point of fact, Defendants continued to and did draw funds on the line of credit after the
closing.
20. These averments are legal conclusions to which no response is required. To the
extent a response may be deemed necessary, the averments are denied.
21. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
22. Denied. To the contrary, neither Defendants nor Defendants' counsel ever
provided instruction that the line of credit was to be closed and, in point of fact, Defendants
continued to and did draw funds on the line of credit after the closing.
23. Denied. To the contrary, customary practice requires the Defendant to provide
specific written instruction to close an existing line of credit.
24. Denied. To the contrary, customary practice requires the Defendant to provide
specific written instruction to close an existing line of credit.
25. Denied. To the contrary, the mortgage foreclosure action is not an appropriate
setting for a determination of lien priorities.
26. Denied. To the contrary, Members V mortgage does not have priority.
27. Denied. To the contrary, the present mortgage foreclosure action does not address
the issue of priority of lien.
28. Denied. To the contrary, the present mortgage foreclosure action does not address
the issue of priority of lien.
29. Denied. To the contrary,the present mortgage foreclosure action does not address
the issue of priority of lien and, therefore, Members 15`is not an appropriate party to this action.
30. Admitted.
31. Denied. To the contrary, the present mortgage foreclosure action does not address
the issue of priority of lien and raising such an issue will delay and obfuscate the issues
presented.
32. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
33. Admitted.
34. After reasonable investigation, Plaintiff, Orrstown Bank is without knowledge or
information sufficient to form a belief as to the truth of these averments and they are therefore
denied.
WHEREFORE, Plaintiff respectfully requests this Court deny the Petition of Members ls`
Federal Credit Union to intervene in this mortgage foreclosure action
Respectfully submitted,
BARIO ERER L
R
r
David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's Answer To Petition Of
Member 1 st Federal Credit Union To Intervene are true and correct to the best of my knowledge,
information and belief. This verification is signed by David A. Baric, Esquire, Attorney for
Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed
by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a
verification signed by the Plaintiff who is presently unavailable to sign said verification. I
undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904,
relating to unsworn falsifications to authorities.
David A. Baric, Esquire
Dated: March 26, 2013
CERTIFICATE OF SERVICE
I hereby certify that on March 26, 2013, 1, David A. Baric, Esquire of Baric Scherer LLC,
did serve a copy of Plaintiff's Answer To Petition Of Members 1 st Federal Credit Union To
Intervene by first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Marcus A. McKnight, III, Esquire
Irwin& McKnight, P.C.
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Ryan P. Siney, Esquire
Tucker Arensberg, P.C.
2 Lemoyne Drive, Suite 200
Lemoyne, Pennsylvania 17043
/ �iv
David A. Baric, Esquire
r
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257
Plaintiff
V. : NO. 2013-275 CIVIL TERM
M �► ,,_u
=M -0 �
RICHARD M. SOCCIO and : }
MONICA H. SOCCIO, MORTGAGE FORECLOSURE ,
1743 PINE ROAD x>c- :x
NEWVILLE, PA 17241
Defendants
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to Plaintiff's Answer To Petition To
Members I st Federal Credit Union filed in this matter on March 27, 2013.
Respectfully submitted,
BARIC SCHERER LLC
i
David A. Baric, Esquire
Date: March 28, 2013 I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
YEMUCAY-10
1,Linda K. Mowen,verify that the statements made in the foregoing Plaintiff's Answer To
Petition To Members I st Federal Credit Union.To Intervene are true and correct to the best of my
knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney,David A.Baric,Esquire
and execute this verification as a substituted verification.
I understand thatfalse statements herein are rn e subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to ate .horificstics
DATE:
Linda K. Mowen
Assistant Vice President
Senior Consumer Collector
Orrstown Bank
CERTIFICATE OF SERVICE
I hereby certify that on March 28,2013,I,David A.Baric,Esquire of Baric Scherer LLC,did
serve a copy of the Praecipe To Attach Substitute Verification, by first class U.S. mail, postage
prepaid,to the parties listed below, as follows:
Marcus A. McKnight, III, Esquire
Irwin& McKnight, P.C.
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Ryan P. Siney, Esquire
Tucker Arenberg, P.C.
2 Lemoyne Drive, Suite 200
Lemoyne, Pennsylvania 17043
6 `
David A. Baric, Esquire
ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION-LAW
NO. 13-0275 CIVIL
RICHARD M. SOCCIO and
MONICA H. SOCCIO,
Defendants MORTGAGE FORECLOSURE
IN RE: PETITION OF MEMBERS 1sT FEDERAL CREDIT UNION TO INTERVENE
ORDER
AND NOW,this k" day of May, 2013, following conference with counsel in
Chambers, disposition of the within Petition to Intervene is DEFERRED to the request of any
party in light of a pending petition before Judge Placey to open the judgment at the case
docketed to No. 2013-0276.
BY THE COURT,
'/m/t,
Kevin . Hess, P. J.
ZDavid A. Baric, Esquire
For the Plaintiff
Zarcus A. McKnight, III, Esquire
For the Defendants
yan P. Siney, Esquire �
For the Intervenor
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