HomeMy WebLinkAbout05-0002
,
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005- .2..
CIVIL TERM
V.
KENNETH L. STINE and
TERESA S. STINE,
husband and wife,
2 STROHM ROAD
SHIPPENSBURG, P A 17257
Defendant.
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
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 MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y 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
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005- ~
CIVIL TERM
V.
KENNETH L. STINE and
TERESA S. STINE,
husband and wife,
2 STROHM ROAD
SHIPPENSBURG, P A 17257
Defendant.
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys,
O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets
forth the following:
1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania.
2. The Defendant Kenneth L. Stine, is an adult individual residing at 2 Strohm Road,
Shippensburg, Cumberland County, Pennsylvania.
3. The Defendant Teresa S. Stine, is an adult individual residing at 2 Strohm Road,
Shippensburg, Cumberland County, Pennsylvania.
1
4. By Deed acknowledged on October 2, 1998, James David Stine conveyed the
premises described in Exhibit "A", attached hereto and made a part hereof, to Kenneth L. Stine
and Teresa S. Stine. This Deed was recorded in the Cumberland County Record Book 186, Page
1089, et seq., all of which pages are incorporated herein by reference and made a part hereof.
The premises are further described as being 2 and 4 Strohm Road, Shippensburg, Cumberland
County, Pennsylvania.
5. On or about October 2, 1998, Kenneth L. Stine and Teresa S. Stine, as
Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage
made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described
in Exhibit "A". This Mortgage was recorded in the Cumberland County Office ofthe Recorder
of Deeds for Cumberland County on October 9, 1998, at Cumberland County Record Book 1488,
Page 775, et. seq., all of which pages are incorporated herein by reference and made a part hereof.
6. A true and correct copy of the aforesaid Promissory Note is attached hereto and
made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is
attached hereto and made a part hereof as Exhibit "C".
7. Defendants have defaulted under the terms and conditions of the Mortgage and
Promissory Note by failing to make payment for the months of August, September, October and
November, 2004.
8. Defendants are the present record owners of the premises described in Exhibit "A"
and are the real owner of the premises.
2
9. Plaintiff served Notice of Plaintiffs Intention to Foreclose on the real estate of
Defendant and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983
(Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing
on November 2, 2004.
10. Attached hereto and marked as Exhibit "D" is a true and correct copy ofthe
combined Act 6 and Act 91 Notice provided to Defendants.
11. Attached hereto and marked Exhibit "E" are true and correct copies of the
certified mail receipt and the certificate of mailing for the combined Notice served on
Defendants.
12. 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.
13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
3
14. The following amounts are presently due on the said Mortgage and Promissory
Note calculated to December 17,2004:
Principal
$45,483.16
Interest toI2/17/04
(per diem of $11.49)
$ 1,229.92
Late Charges
$
10.00
Reasonable Attorney fees
fixed by Plaintiff for
purposes of this Complaint
(5% of principal debt)
$ 2.274.15
TOTAL:
$48,994.73
WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of
$48,994.73 plus interest thereafter at the contract per diem from December 17,2004, and costs
and expenses against Defendants, Mortgagor and real owner and seeks foreclosure and Sheriff s
Sale of the mortgaged property in Exhibit "A" hereto.
Respectfully submitted,
O'BRIEN, BARIC & SCH
~pt
David A. Baric, Esquire
LD. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff,
Orrstown Bank.
dab.dir/orrstownbank/stine/complaint. pld
12/15/2004 10:24
7172495755
DES
PAGE 07
VERIFICATION
The statements in the foregoing Complaint are based upon infonnatioll which has been
assembled by my attorney in this litigation. The language of the statem,ents 1S not my own. I
have read the statements; and to the extent that they are based upon information wh.ich I have
given to my counsel, they are true and correct to the best of my knowledge~ jnformation and
belief. I understand that false statements herein are made subject to the penalties of) 8 Pa.e.S. ~
4904 relating to unsworn falsifications to authorities.
DATE: _ )2. I? i 0 l.(
~-j;;;H 9.~
- -~tsy J. Smith
Collector
Olc-ZQ-Z004 15:40
From-PREMIER ABSTRACT
+243 3390
T-039 P.003/011
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Made the ~ ~"Y o~ ~,r.:t.l""JC!
II 1:; T W t t N
. 1998.
JAMES DAVtO S~INS. s~ngle peraon. o~ ( Scrohm Road.
pe~ylv$ni$ 1'251,
"GRANToR" ,
!l n Cl
XENNETH LEE S'1'Im: ~nc;l. TERSe... S. STlNE, husband and wife, of 2
Strohm Road. ShipPoi!~abu.g. Pennsylvania 1'257.
-GRANTEES.,
WITNESS~TK. ~ba~ in consideration of the sum of One l~l,OOl
Dollar. in hand ~a~d. ~h~ receipt whereof is hereby acknowledged,
the said Grantor <:toc::; hcropy grant: and convey in fee silllple to
said Grantees. ~heir hcir~ and assigns, to Kenneth Lee Selne And
Teresa S. scine, h~~~and ~nd ~ifc. an unClivide~ onc-half interesc
in,
ALL ~hut cer~ai~ tract of land w1th tke imp~ove~entB thereen
'u'ccted situated in SOl.ltha,n,,;Qn TownShip. Cl,llll=erltu'u:l COl.ln~y.
Ponnsylvania, more par~icula.ly ~ndcd .nd depc~i~c~ .. (0440WS:
BEGINNING ae a llC$~ in the. COrner of the int"2:'l!lectiCln
of the W~ln~t Bottom noud and ~he Cleversburg ~okdl thence
alo~g tho ~lr.ut Bottom Road, North seventy-six (761 degrees
East, six poin~ ~air~y.five 15.35) parches to a postr thence
by land ~ow Qr formerly of Isaac Black, Soue.h el.even 1:L11
degrees E~Qt. pcvontccn (17) perches to a ~08t; thence wortn
8eventy-~i~ 17" dcgree3 East, six point five (5.51 perches
to a point; ehcr.ca across an alley, South eleve~ 1111 deg~es
ZAGt, fifteen (~51 minutes to a post; the~Qe by ~.ft4 now or
formerly of cyr~~ Alll~on .n~ ~4bert Allen, SQ~th 8i~ty-scven
(67) degrees Web::, ::r.irceen point tn.e,=, (.) .3) ~_r:. to II
point; thence a:ong t~.. clever8bu.~ Roe~, NQ.tn ee^ lInd one-
hAlf C10~) degrees Wes::. seventeen ~o1nt seven (17.7) ~rcl\e8
cO $ point, the pl"c~ of BEG~11NG. CONTAINING 121 perches,
E''<CePTING AND JU:S2RVUla from tP~ above QOl\veyAttO~ All thaI:
Qc.t~in four feot wide s:ri~ of land f~fey-nine fee~ in depen
l>~aK 186 rACE1089
EXHIBIT "A"
F- 161
Dec-29-2004 15:40
From-PREMIER ABSTRACT
+243 3390
T-039 P,004/011
F-769
on the Ea~tern side of &~id lot her~inabo~e conveyed ab~ttins
on tho walnut Bottom Road and the w1dth iudieated anQ
c'lttemUng that ",j,o!th Southc:~st ilt right ~qle8 to the s,,~d
.oad o:l! the depth indicatc:c:I hll!;einbefore. C:oltt.ai.n.l.ng two
hundrcc:l thi~tY.8ix squA~e fc:et.
!lilING lo;nown Mld n\U\lbe.cu as 2 St.Qbm no ad ill\d 4 Strohm ROlle!.
Shippenaburs. Pennsylva^ia ~7257,
SgING the SiJllIe prt!n'liscs conveyed by Donald L. St;l.ne and
Flo~ncc 11.. Sl:.ln'!l. husblll'ld ..nei wi:Ee. by deed dilted Janusry ~ 7,
J.997 4ll'ld reeordC!d in the oHicQ of the Reeordel:' oe Dcetls of
Cumbe.land County. Pcnl'lsylval'lia. in need BgOk ~S2. PAge 344. unto
J(cnnetn Lee Stine and Teresa S. St:il'le. husb;:l,l'ld and w:l.fe. llS
tenants by the C!ntircty a~ to an und~v1ded one-half inte..ot) a~
James D;lVlc1 Stine, sinSle P/!:;'DO,.. as 1:<:1 an undivided one-balf
interest and c8ch ondiviQed on~-hal~ int~rest M~ Tenants in Common
(~nd no~ with tho ~i9ht Ot Su.vivo~"hipl. Th~ effeee of this o!eed
~s to vesl: full tee Qwnersh~p in the abOve deecribed real eotate
i.n the Gnnteeill.
Thi9 conveyan~e is b~tw~cr. brot~e~ and brQ~her And thel:'efo~e
is exempt frOM ro~lty transfer tax ~pd the obligat~on to file a
~tatem~nt of value.
~. the G~ld ~r~ntor h2reby warrant speciill~y the property
~erein conveyed.
IN HI1W!SS WHaREO~. the ~aid Grantor does herccy Bet his hand
and se~l the day ~d yc~~ fir~~ abQve wr~~ten.
.};~~-
~~d~
(SEAL)
2
biJO~ 186 r,I~E1090
08c-Z9-Z004 15:40
From-PREMIER ABSTRACT
+Z43 3390
C'OMMONWE:lu.TH OF Pli:NNSYLVANIA
COUNTY 01" COMnERLANO
On chis, \;hQ d-Lday of ()/?.", 41i~ ,1998, befo:r..
M@, che und":I;'a:i.!i:'l~ficor, P~y iiPpcollcecl James l)av.1.d
seine, s1n!ile person, known \;0 me lor 8ati.fAe~ory proven' ~o be
che person Wh08e name is avb~Qribed co tbo w1~hin instr~mcn~, and
ackno"'~l;dged that h~ el<I;Qut."d same tor the PU~SCQ therein
oontained,
IN WITNESS WHEREOF, I hcrcun~o set my hand dnd official cesl.
._r":....
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~=~rf"~~~~ :'.~~~h0'07NDII I
Il.ma,", 1'tnn.1....~ ~'..daUooIllIlI_'"
BS.
I ~o hereby certify cha~ the precio~ residence an~ eomplctc
poet office address of the w~thln named GRANTFES is Kenneth Lee
'~;!;~;J'=h. R~':;::'1~'"?:::;1:rlj~;--,
~~~y fQr OY-'<'ir-,
)
Cuax tEJB ',lcd091
T-039 P.Q05/011
F-769
PROMISSORY NOTE
, Principal I Loan Date I Maturity I Loan No ! Call I' Collateral I' Account I Officer t Inttiala '
~_.... ~7.~.OO 10-02-1998 10-22-2013 13-26706..L1C2A 82385 __ ,sea '
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Borrower:
KENNETH L. STINE (SSN: 201.....2~341)
TERESA S. STINE (SSN: 201-54-5060)
2 STROHM RD.
SHIPPENSBURG, PA 17257
Lender:
ORRSTOWN BANK CC (QJ PY
King Street Office
P.O. Box 250
n East King Street
Shlppensburg, PA 17257
Principal Amount: $57,000.00 Interest Rate: 9.250% Date of Note: October 2, 1998
PROMISE TO PAY. I promise to pay to ORRSTOWN BANK ("Lender"), or order,ln lawful money of the United States of America, the principal
amount of Fifty Seven Thousand & 001100 Dollars ($57,000.00), together with interest at the rate of 9.250% per annum on the unpaid principal
balance from October 8, 1998, until paid tn full.
PAYMENT. I will pay this loan In 180 payments of $588.71 each payment. My first payment Is due November 22, 1998, and all subsequent
payments are due on the same day of each month aner that. My final payment will be due on October 22, 2013, and will be for all principal and
all accrued Interest not yet paid. Payments Include principal and Interest. 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 in a year (366 during leap years). multiplied by the outslanding principal
balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such
other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued
unpaid interest, then to principal, and any remaining amount to any unpaid colleclion costs and late charges.
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. they will
reduce the principal balance due and may result in me making fewer payments.
LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularty scheduled payment or $2.50, whichever is less.
DEFALLT. I will be in default if any of the following happens: (a) I fail to make apy payment when due. (b) I break any promise I have made to
Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement
related to this Note, or in any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or
on my behalf is false or misleading in any material respect either now or at the time made or furnished. (d) I die or become insolvent, a receiver is
appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me
under any bankruptcy or insolvency laws. (e) Any creditor tries to take any of my property on or in which Lender has a lien or security interest. This
includes a garnishment of any of my accounts with Lender. (f) Any of the events described in this default section occurs with respect to any guarantor
of this Note.
If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the
preceding twelve (12) months. it may be cured (and no event of default will have occurred) if I, after receiving written notice from Lender demanding
cure of such default: (a) cure the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiate steps which
Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps
sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender in most cases will send me a notice of default by registered or certified mail. If I do not cure the default
within thirty (30) days from the postmarked date of the notice, Lender may declare the entire unpaid prinCipal balance on this Note and all accrued
unpaid interest immediately due, and then I will pay that amount. If, however, (a) I have abandoned the Property, (b) I previously have been given
two (2) notices of default within a one ~1) year period, or (c) other extreme circumstances exist which jeopardize the Property, Lender may, after giving
such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due,
and then I will pay that amount. Lender may hire or pay someone else to help collect this Note if I do not pay. I also will pay Lender that amount. This
includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including
attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic slay or injunction), appeals, and any
anticipated post-judgment collection S9fVices. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided
by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate
provided for in this Note. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there is a
lawsuit, I agree upon Lender's request to submit to the Jurisdiction of the courts of Cumberland County, the Commonwealth of Pennsylvania.
This Note shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
RIGHT OF SETOFF. I grant to Lender a contractual security interest in, and hereby assign. convey, deliver, pledge, and transfer to Lender all my right,
title and interest in and to, my accounts with Lender (whether checking, savings. or some other account), including without limitation all accounts held
jointly with someone else and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the
grant of a security interest would be prohibited by law. I authorize Lender, to the extent per milled by applicable law, to charge or setoff all sums owing
on this Note against any and all such accounts.
COLLATERAL. This Note is secured by, in addition to any other collateral, a Mortgage dated October 2, 1998, to Lender on real property located in
CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of whiCh are hereby incorporated and made a part of this Note.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its righls or remedies under this Nole without losing them. I and any other
person who signs. guarantees or endorses this Note, to the extent allowed by law. waive presentment, demand for payment, protest and notice of
dishonor. Upon any change in the terms of this Note. and unless otherwise expressly stated in writing. no party who signs this Note, whether as maker,
guarantor, accommodation maker or endorser. shall be released from liability. All such parties agree that Lender may renew or extend (repealedly and
for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security i~teresl in the
collateral. All such parties also agree that Lender m?y modify this Joan without the consent of or notice to anyone other than the party WIth whom the
modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the
persons signing below.
EXHIBIT "B"
19-02...1998
Loan No 13-26706
PROMISSORY NOTE
(Continued)
Page 2
PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND TtE NOTICE TO
COSIGNER SET FORTH BB.OW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A
COMPlETED COpy OF E NOTE.
SIGNED AND SEALED BY THE UNDERSIGNED.
BOR~R:W:'m' ..~ .~~1~_.
x :::r:m:i{:::':{:'idi2i/iiii'~ii~:;:::j,f(I~iiijfillffJ/fJ'1$E1JfJI
NETH L. STINE .....,......., ..
, ,
x @wf~m:tiEE..€}'~*1il::w:*~:~~jfS@H@Wtt@tgWiSESY:::
,t:f~~SA S. STINE ....'......, .
NOTICE TO COSIGNER
You are being asked to guarantee this debt. Think carefUlly before you do. If the borrower doesn't pay the debt, you will have to. Be sure
you can afford to pay If you have to, a1d that you want to accept this responsibility.
You may have to pay up to the full amount of the debt If the borrower does not pay. You may also have to pay late fees or collection costs,
which Increase this amount.
The lender can collect this debt from you without first trying to collect from the borrower. The lender can use the same collection methods
against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt Is ever In default, that fact may
become a part of YOUR credit record.
This notice Is not the contract that makes you liable for the debt.
Fixed Rate. Installment.
LASER PRO, Reg, U.S, Pat. & T.M, Off., Ver. 3,26 (e) 1996 CFI ProServlces, Ine, All rights reserved, (PA-D20 04903RAV,LN G5,OVL}
__...._. ___Ill ...,"',."
P.O. Box 250
n East KIng Street
Shlppensburg, PA 17257
,,', '~(\;;:... ~, ,,". '.: ,:! :. ,;':
~ - ''', v ;. :'j ~ 0:: r D ~
t., I,. ,l,! ti L il l II N D C 0 U ~ T' '1' : f' A
'98 aCT 9 PfTl 3 58
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. Box 250
n East KIng Street
Shlppensburg, PA 17257
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE IS DATED OCTOBER 2, 1998, between KENNETH L STINE and TERESA S. STINE, whose
address is 2 STROHM RD., SHIPPENSBURG, PA 17257 (referred to below as "Grantor"); and ORRSTOWN
BANK, whose address is P.O. Box 250, 77 East King Street, Shippensburg, PA 17257 (referred to below as
"Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and
mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently
erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties.
privileges, tenements. hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or irrigation rights); and all
other rights, royalties, and profits relating to the real property. including without limitation all minerals, oil, gas, geothermal and similar matters, located
in CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"):
SEE AlTACHED
The Real Property or its address is commonly known as 2 STROHM RD., SHIPPENSBURG, PA 17257.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all leases of the Property and all Rents from the Property. In
addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of
the United States of America.
Grantor. The word "Granlor" means KENNETH L. STINE and TERESA S. STINE. The Granlor is the mortgagor under this Mortgage.
Guarantor. The word "Guarantor" means and includes without limitation each and all of Ihe guarantprs, surelies, and accommodation parties In
connection with the Indebtedness.
Improvements. The word "Improvements" means and includes without limitation all existing and tuture improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by
Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligations of Grantor under this Mortgage, together with
interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The Lender is the mortgagee under this Mortgage.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and includes without limitation all assignments and security
interest provisions relating to the Personal Property and Rents.
Note. The word "Note" means the promissory note or credit agreement dated October 2, 1998, in the original principal amount of
$57,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidalions of, and
subslilulions for the promissory note or agreement. The maturity date of this Mortgage Is October 22, 2013.
Personal Property. The words "Personal Property" mean all equipment. fixtures. and other articles of personal property now or hereafter owned
by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions. parts. and additions to, all replacements of,
and all substilutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other dispOSition of the Property.
Property. The word "Property" means collectively the Real Properly and the Personal Property. The word "Property" also includes all mobile
homes, modular homes, and similar structures, now or hereafter situated on the Real Property, and such structures shail be and shall remain Real
Property regardless of whether such structures are affixed to the Real Property and irrespective of the classification of such structures for the
purpose of tax assessments. The removal or addition of axles or wheels, or the placement upon or removal from a concrete base, shall not alter
the characterization of such structures.
Real Property. The words "Real Property" mean the property, interests and rights described above in the "Grant of Mortgage" section.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements. mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and "...!.:'~ renls, r3venUtlS, :ncor.'e, iS~lJef., royalties. profits, nnd other benefits derived from the
Property.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage
as they become due, and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Granlor agrees that Grantor's possession and use of the Property shall be governed by the
following provisions:
PossessIon and Use. Until in default, Grantor may remain in posseSSion and control of and operate and manage Ihe Property and collect the
Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release,. as used in this
Mortgage, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986. Pub. L. No. 99-499
("SARA"). the Hazardous Materials Transportation Act, 49 U.S.C, Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C.
Section 6901. et seq., or other appticable state or Federal Jaws, rules, or regulations adopted pursuant to any of the foregoing. The terms
"hazardous waste" and "hazardous substance" shall also include, wilhoutlimitation, pelroleum and petroleum by-products or any fraction thereof
and asbestos. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Properly, there has been no
use. generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on,
under. about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to
and acknowledged by Lender in writing, (I) any use, generation, manufacture, storage, Ireatment, disposal, release, or threatened release of any
hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property or (Ii) any actual or
--..... ADO U~~ ,.,,,r:;: EXHIBIT "e"
, 0, .02-1998
loan No 13-26706
MORTGAGE
(Continued)
Page 2
threatened litigation or claims of any kind by any person relallng to such matters; and (c) Except as previously disclosed to and acknowledged by
lender In writ,ing, (I) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture,
store, treat" dispose ,of. or r~lease anY,hazardous waste or substance on, under, about or from the Property and (ii) any such activity shall be
conducted 10 compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitallon those laws,
regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and
tests, at Grantor's expense. as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any
Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the
.part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against
Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws. and (b) agrees to
Indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or
indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture,
storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The provisions of this section of the
Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of
this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of the Property. Wilhoutlimiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender.
Removal of tmprovements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior wrillen consent of
Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and lis agents and representatives may enter upon the Real Property at aU reasonable times to attend to
Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law,
ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in
writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not Jeopardized. Lender may require
Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts
set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SAlE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the
sale or transfer, without the Lender's prior wrillen consent, of all or any part of the Real Property. or any interest in the Real Property. A "sale or
transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or
involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three
(3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding tille to the Real Property, or
by any other method of conveyance of Real Property interest. If any Grantor is a corporation, partnership or limited liability company, transfer also
includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership Interests or limited liability company interests,
as the case may be, of Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
law,
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgage.
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges
and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of
Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following paragraph.
RIght To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to
pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen
(15) .days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender, Policies shall be written by such Insurance companies and in such
form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a
stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing
any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that
coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real
Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the loan, up to the maximum
policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of
the loan,
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, apply the proceeds
to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to
apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satiSfactory to
Lender. Lender shall, upon satisfactory proof of such expenditure, payor reimburse Grantor from the proceeds for the reasonable cost of repair
or resloration if Grantor is not In default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and
which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under thiS
Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds
any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor.
Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this
Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property.
EXPENDITURES BY LENOER. If Grantor fails to comply with any provision Of this Mortgage, or if any action or proceeding Is commenced that would
materially aHect Lender's interests In the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender d~ems
appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Note from the date Incurred or paid by
Lender to the date of repayment by Grantor. . All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the bala~ce of the
Note and be apportioned among and be payable with any installment payments to become due during either (I) the term of any applicable Insurance
policy or (it) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's matunty. ThIS
Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies
to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing ~he default so as to bar Lender
from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage
foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage.
Title. Grantor warrants that: (a) Grantor holds good and marketable tille of record to the Property in fee simple, free and clear of,allliens ~nd
...........,...I<"",h.-,,"''''.-.,-- "".hr"u' .h...,..... fh........,..., .......... I......-fh i... 11_-. n"....1 n.....................I" rf"'.-........j......i......... ....,. in ....."1/ fifln in...".....,"l"'n nrli,-." fit/n 1'0.....,....,.' ""'... 1;,-.,,,,1 tltto ,........,................ .--'.-
10. '()2- 1998
Loan No 13-26706
MORTGAGE
(Continued)
Page 3
favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver
this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the IiIle to the Property against the
lawful claims of aU persons. In the event any action or proceeding is commenced that questions Grantor's IiIle or the interest of Lender under this
Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or
cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property compiles with all existing applicable laws,
ordinances, and regulations of governmental authorities.
CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award atter payment of all actual costs, expenses, and
allorneys' fees incurred by Lender in connection with the condemnation.
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and 10 be represenled in the proceeding by counsel of its own choice. and Grantor will deliver or cause to
be delivered to Lender such inslruments as may be requested by it from time to lime to permit such participalion.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to govern menial taxes, fees
and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for aU
taxes, as described below, together with all expenses incurred in recording, perfecllng or continuing this Mortgage, including without limitation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute laxes 10 which this section applies: (a) a specific tax upon Ihis type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor is authorized or required 10 deduct from payments on the
Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable agalnstlhe Lender or the holder of the Note; and
(d) a specific lax on all or any portion of the Indebtedness or on payments of principal and interest made by Granlor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of Ihls Mortgage, this event shall have the same
effect as an Evenl of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided
below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage.
Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal
property, and Lender shall have all of the rights of a secured party under the Uniform CommerCial Code as amended from lime to lime.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest.
Upon default. Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days atter receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party). from which information concerning the security Interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the tirst page of this Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
Mortgage.
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor wilt make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, retlled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust. security deeds. security agreements, financing statements. continuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete. perfect, continue, or
preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security interests
created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law
or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matlers
referred to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's allorney-in-fact for the purpose
of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the mailers referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this
Mortgage, Lender shall execute and detiver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on tile evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permilled by applicable law, any
reasonable termination fee as determined by Lender from time to time.
DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage:
Default on Indebtedness. Failure of Grantor 10 make any payment when due on the Indebtedness.
Default on Ottier Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any
other payment necessary to prevent filing of or to effect discharge of any litin.
Compliance Default. Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Mortgage, the Note or In
any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the
Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defective Collaterallzatlon. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral
documents to create a valid and perfected security Interest or tien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency
laws by or against Grantor.
Foreclosure. Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or
any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, Ihis subsection shall not apply
in the event of a good failh dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeilure
proceeding, provided that Grantor gives Lender writlen notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to
Lender.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is nol remedied
within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent. or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Lender, at its option, may, but
shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory
\0 Lender, and, in doing so, cure the Event of Default.
Right to Cure. If such a failure is curable anli if Granlor has not hp.An nilu>n A nntl~p nl " hf0,,~h "I 'h~ r~m,.., ....r~"iriM 'Ihie U~,'~r"r ..
1 ()., ,02-1998
Loan i~o 13-26706
MORTGAGE
(Continued)
Page 4
preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, immediately
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any lime thereafter, Lender, at its option, may exercise
anyone or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Default Notices. In most cases, Lender will send Grantor a notice of default by registered or certified mall. If the default ts not cured
within thirty (30) days from the postmarked date at the notice, Lender may declare all Indebtedness Immediately due and payable as
provided herein. If, however, (I) Grantor has abandoned the Property, (II) Grantor has previously been given two (2) notices ot default
within a one (1) year period, or (III) other extreme circumstances exist which Jeopardize the Property, Lender may declare all
Indebtedness Immediately due and payable as provided herein, without notice.
Accelerate Indebtedness. Subject to applicable law, Lender shall ,have the right at its option without notice to Grantor to declare the entire
Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, Including amounts
past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender,
then Grantor irrevocably designates Lender as Grantor's attorney-In-fact to endorse Instruments received In payment thereof in the name of
Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shall
satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise lis
rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judtctal Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real
Property by nonjudicial sale.
Deficiency Judgment. Lender may obtain a jUdgment for any deficiency remaining in the Indebtedness due to Lender after applicalion of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of
the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately
upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the property marshalled. In
exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Nollce ot Sale. ' Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
Waiver; Elecllon of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not conslilute a waiver of or prejudice the
party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not
exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mortgage
after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
Attorneys' Fees; Expenses. If Lender inslilutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all
reasonable expenses incurred by Lender that in Lender's opinion are necessary at any time for the protection ot its Interest or the enforcement of
its rights shall become a part of the Indebtedness payable on demand and shall bear Interest from the date of expenditure until repaid at the rate
provided for in the Note. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law,
Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services, Ihe cost of
searching records, obtaining lille reports (including foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the extent
permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing,
may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited with a nationally
recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail,
postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address tor notices under this
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of
notices 'of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning
of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entile understanding and agreement of the parties as to the
matters set torth in this Mortgage. No altei'ation of or amenriment to this Mortgage shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender In the Commonwealth ot Pennsylvania. This"
Mortgage shall be governed by and construed In accordance with the laws ot the Commonwealth of Pennsyfvanla. '
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any lime
held by or for the benefit of Lender In any capacity, without the written consent of Lender.
Multiple Parties. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and
every Grantor. This means that each of the persons signing below is responsible for all obligations in this Mortgage.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be invalid ~r unenforceable as to ~ny person or
circumstance, such finding shall not render that provision Invalid or unenforceable as 10 any other persons or circumstances. If feaSIble, any such
offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be
so modified, it shall be stricken and all other provisions of this Mortgage in all other respects shall remain valid and enforceable.
Successors and Assigns. Subject to the limitations stated in this Mortgage on transfer of Grantor's Interest, this Mortgage shall be binding upon
and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested
in a person other than Grantor, Lender, Without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the
Indebtedness.
Time Is or the Essence. Time is of the essence In the performance of this Mortgage.
Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless
such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a w~Jver ot
such right or any other right. A waiver by any party of a provision of this Mortgage shall not conslilute a waiver of or prejudice the party s right
iO-02-1998
Loa,,, No 13-26706
MORTGAGE
(Continued)
Page 5
otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course 01 dealing between
Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligallons as to any future transacllons. Whenever
consent by Lender is required in this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to
subsequent instances where such consent is required.
::~:::::2:~:::: ::~N:::B:~:::::~E: OF THIS MORTGAGE, ANO EACH GRANTOR AGREES TO ITS
GRANTOR~---. ~~
(x3Yir~~~~~~ ~~~%:1t#&,~~'tW]
/
/
aCknowle~~ In the presence of:
tf .t,(,l ~-t~
ilness -
V Witness L~~IJu-!..
~OWI;r?Kt::' ."..nee 0"
Itness
,1( I
,III
. Wi1ness
'j
I"
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, ORRSTOWN BANK, herein is as fOIlOWB;:: - )
P.O. Box 250, n East King S1reet, Shlppensburg, PA 17257 ~
~ -1,. ,,~~,
/ / Attorney or Agent for Mortgagee
. INDIVIDUA['AC, NOWLEDGMENT
STATE~N N!i~ lOA. /,'12 ) ) .
~ ~ )SS
COUNTY ort U rrI '/; e R /<1' It V )
On lhis, Ih.A""L. de, of f'Yr7lJl!i>V "..d, bet"" ~;1~~' r; ~ / ~J ,,'the
undersigned NO~l Public, personally appeared KENNETH L. STINE and TERESA S. STIN , to me (or sa\isfactonly. proven) to be the person
whose names are subscribed to the within instrument, and acknowledged thatlhey executed t for the purposes therem contained.
In witness whereof, I hereunto set my hand and official seal. t ~ .
\ tJti~irl:l.;Y'~""",
r~j ,:,," . \' I, - '/. ( '.
N ary P ic In 6hd or the Slit.PI ".:' :"," ~''''': . ';' ...,.
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. '. ". ~ ::)
LASER PRO, Reg, U,S. Pat. & T,M, Off,. Ver, 3,26 (c) 1996 eFt ProServlces. Inc. All rights reserved. (PA-G03 04 03RAV,LN G&.OVL} "', : .......,'::'\'r:~ . .....,'~ ,.: ',:;
'~ '\:~;~_:1,v :~t::'1.~::'~
Notarial Seal" ?~~ :.:,.~. ".~~ .
Peggy A. Gilson, Notary PubliC
ShlPQ9nsburg Bora, Cumberland County
My Comllllsalon Expires Aug. 31 , 20?O
Member, Pennsylvania Association 01 Notaries
(I
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"",," '
800Ki488PAGE .779
700.3 0-'>'00 "003 '75-'1' d" 11'1 to
O~-
RRSTOWN
BANK
(C(Q)?'r
November 2, 2004
KENNETH L. STINE
TERESA S. STINE
2 STROHM ROAD
SHIPPENSBURG, PA. 17257
Via Certified Mail
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortaage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counselina Agency.
The name, address and phone number of Consumer Credit Counselina Aaencies
serving your County are listed at the end of this Notice. If you have any Questions, yoU may
call the Pennsylvania Housina Finance Aaency toll free at 1-800-342-2397. (Persons with
impaired hearina can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
EXHIBIT "D"
PO Box 250 · Shippensburg, PA 17257 · (717) 532-6114 · (717) 532-4143 Fax · www.orrstown.com
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
KENNETH L. & TERESA S. STINER
PROPERTY ADDRESS: 2 STROHM ROAD
SHIPPENSBURG, PA. 17257
LOAN ACCT. NO.: 130026706
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDERISERVICER: ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of desiQnated consumer credit counseling aQencies for the county in which the property is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) If you have tried and are unable to resolve this problem with the lender, you have the
right to apply for financial assistance from the Homeowner's Emergency 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FilE YOUR APPLICATION PROMPTLY. IF YOU FAil TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOllOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 2 STROHM ROAD, SHIPPENSBURG, PA. 17257
IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE
PAYMENTS for the following months and the following amounts are now past due: AUGUST 22ND__
$588.71, SEPTEMBER 22ND -.$588.71 & OCTOBER 22ND --$588.71
Other charges (explainlitemize): LATE CHARGES--$5.00
TOTAL AMOUNT PAST DUE: $1,771.13
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $ 1,771.13.
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check
or money order made payable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its riQhts to accelerate the mortQaQe debt.
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable 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 may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right
to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may
do so by paying the total amount then past due, plus any late or other charqes then due, reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writinq by the lender and by performinq any other requirements under
the mortqaqe. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE lENDER:
Name of lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Orrstown Bank
P.O. Box 250, 77 East KinQ Street
ShippensburQ, PA 17257
(717) 530-2661
(717) 532-4099
Betsv J. Smith
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE < NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
~f/~
BETSY J. SMITH, COLLECTION DEPT.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
(003 !j.5r:10 QOo:> /'::>'1Y //iT,/
OA~-
RRSTOWN
BANK
to?)?
November 2, 2004
TERESA S. STINE
KENNETH L. STINE
2 STROHM ROAD
SHIPPENSBURG, PA. 17257
Via Certified Mail
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortQaQe on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached paQes.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home.
This Notice explains how the proQram works.
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counselina AQency.
The name, address and phone number of Consumer Credit CounselinQ AQencies
servinQ your County are listed at the end of this Notice. If you have any Questions, you may
call the Pennsylvania HousinQ Finance AQency toll free at 1-800-342-2397. (Persons with
impaired hearina can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
PO Box 250 · Shippensburg, PA 17257 · (717) 532-6114 . (717) 532-4143 Fax · www.orrstown.com
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
KENNETH L. & TERESA S. STINER
PROPERTY ADDRESS: 2 STROHM ROAD
SHIPPENSBURG. PA. 17257
LOAN ACCT. NO.: 130026706
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDER/SERVICER: ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") , YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST
BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of desiqnated consumer credit counselinq agencies for the county in which the property is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) If you have tried and are unable to resolve this problem with the lender, you have the
right to apply for financial assistance from the Homeowner's Emergency 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 2 STROHM ROAD, SHIPPENSBURG, PA. 17257
IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE
PAYMENTS for the following months and the following amounts are now past due: AUGUST 22ND__
$588.71, SEPTEMBER 22ND__$588.71 & OCTOBER 22ND__$588.71
Other charges (explain/itemize): LATE CHARGES--$5.00
TOTAL AMOUNT PAST DUE: $1,771.13
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $ 1,771.13.
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check
or money order made payable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt.
This means that the entire outstanding balance of this debt will be considered due immediately and
you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable 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 may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riqht
to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may
do so by payinq the total amount then past due, plus any late or other charqes then due, reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writinq by the lender and by performinq any other requirements under
the mortqaqe. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE lENDER:
Phone Number:
Fax Number:
Contact Person:
Orrstown Bank
P.O. Box 250,77 East Kinq Street
Shippensbura, PA 17257
(717) 530-2661
(717) 532-4099
Betsv J. Smith
Name of lender:
Address:
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - Y ou MAY NOT sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE' NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
~t/~
BETSY J. SMITH, COLLECTION DEPT.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717)234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
OCl<~:2-
NO, 2005-~' CIVIL TERM
V.
KENNETH L. STINE and
TERESA S. STINE,
husband and wife,
2 STROHM ROAD
SHIPPENSBURG, P A 17257
Defendant
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having bet':n settled and discontinued without
prejudice,
RespectfuIly submitted,
'BRIEN, ,llARJ~C~R
ll, ( ~
David A, Baric, Esquire
LD,44853
I 9 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/o rrstown bank/stine/discontinue. pra
II
CERTIFICATE OF SERVICE
I hereby certify that on January ~, 2005, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Praecipe To Discontinue, by first class D,S, mail, postage prepaid,
to the party listed below, as follows:
Kenneth L Stine
Teresa S, Stine
2 Strohm Road
Shippensburg, :0i::7A
David A, Baric, Esquire
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SHERIFF'S RETURN -- REGULAR
CASE NO: 2005--00002 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
STINE KENNETH L ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
STINE KENNETH L
the
DEFENDANT
, at 1035:00 HOURS, on the 5th day of January
2005
at 2 STROHM ROAD
SHIPPENSBURG, PA 17257
by handing to
KENNETH L STINE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavi t
Surcharge
So Answers:
18,00
14,06
,00
10,00
,00
42,06
~,<''''"1 _- ';<' / ".J"-,/.~
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R, Thomas Kline
01/06/2005
OBRIEN BARIC SCHERER
Sworn and Subscribed to before
By:
C3i2k G#
Deputy Sheriff
me this .;l4 e day of
(LA.....,,! }-htJ< A,D.
I . \
( );6th~~[:;jl'. ,~~
.
SHERIFF'S RETURN -- REGULAR
CASE NO: 2005-00002 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
STINE KENNETH L ET AL
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
STINE TERESA S
the
DEFENDANT
, at 1035:00 HOURS, on the 5th day of January ,2005
at 2 STROHM ROAD
SHIPPENSBURG, PA 17257
by handing to
KENNETH STINE
a true and attested copy of COMPLAINT -- MORT FORE
together with
and at the same time directing His attention to the contents thereof,
sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
,00
.00
10,00
,00
16,00
So Answers:
....~,q~),;~' :!~J
-r ~~?'T~ -f"'. .
R, Thomas Kline
01/06/2005
OBRIEN BARIC SCHERER
Sworn and Subscribed to before
By: ~:%/
Deputy Sheriff
me this ,)." t;? day of
()4.Yi ;uro! A, D ,
~11,1' () )n,p~",..h~
I Prothonotary -=r"\