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HomeMy WebLinkAbout13-6734 Supreme Co.t ennsylvania Con `Of *COIYIInO leas For Prothonotary Use Only: T ri, " C' ail �er � Shee't Docket No: r-v .4j 9Jli Cerlartd�' C011Il f t The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: El Complaint 0 Writ of Summons ® Petition S E] Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C' Onstown Bank Joan L. Gress Dollar Amount Requested: ©within arbitration limits I _ Are money damages requested? IM Yes E3 No (check one) [B outside arbitration limits 0:.,. N Is this a Class Action Suit? 0 Yes 19 No Is this an MDJAppeal? Yes D No` ° A, ' Name of Plaintiff /Appellant's Attorney: David A. Baric, Esquire 0 Check here if you have no attorney (are a Self- Represented 1Pro Sep .Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT'(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS © Intentional 0 Buyer Plaintiff Administrative Agencies © Malicious Prosecution 0 Debt Collection: Credit Card E3 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation ® Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include I mass tort) 0 Employment Dispute: Discrimination - ® Slander/Libel/ Defamation 0 Employment Dispute: Other 0 Zoning Board C' © Other: l: T 0 Other: = I 0 Other: MASS TORT -. . 0 Asbestos N` 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration 0 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment B 4 0 Ground Rent © Mandamus 0 Landlord/Tenant Dispute 13 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial © Quo Warranto 0 Dental ® Partition © Replevin f Legal ® Quiet Title 0 Other: ® Medical xi Other: 0 Other Professional: Updated 1 /1/2011 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, -PA 17257 Plaintiff ��� NO. 1 3- y �/ /z V. M . MCD JOAN L. GRESS CIVIL ACTION -LAW 25 BROAD STREET SHIPPENSBURG, PA 17257 Defendant ° 4 . NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249 -3166 L� ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257 : Plaintiff NO. V. JOAN L. GRESS CIVIL ACTION -LAW 25 BROAD STREET SHIPPENSBURG, PA 17257 Defendant COMPLAINT NOW, comes Plaintiff, Orrstown Bank ( "Orrstown ") by and through its attorneys, BARIC SCHERER LLC, and files the within complaint and, in support thereof, sets forth the following: 1. The Plaintiff is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Joan L. Gress, is an adult individual residing at 25 Broad Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On or about June 14, 2004, Joan L. Gress, made, executed and delivered the same day a written Promissory Note ( "Promissory Note ") to Orrstown. 4. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated by reference. 5. Defendant has defaulted under the terms and conditions of the Promissory Note by failing to make payment of principal and interest due. 6. Plaintiff served Notice of Plaintiff's 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 or about September 17, 2013. 7. Attached hereto and marked as Exhibit "B" is a true and correct copy of the combined Act 6 and Act 91 Notice provided to Defendant. 8. Attached hereto and marked Exhibit "C" are true and correct copies of the certified mail receipt and the certificate of mailing for the combined Notice served upon Defendant. 9. Under the terms of the Promissory Note, if any monthly payment of principal and interest is not made when due or any other obligation of the Promissory Note is not met, then the entire indebtedness owing on the Promissory Note shall become due and payable immediately at the declaration of Orrstown. 10. Orrstown has exercised its option and declared the entire indebtedness due and owing under the Promissory Note. 11. The following amounts are presently due on the Promissory Note calculated to October 23, 2013: Principal $37,915.33 Interest to 10/23/13 (per diem of $7.27) $ 303.10 Late charges $ 55.66 Other charges and fees $ 1,545.75 Attorney fees $ 1.895.77 (calculated at 5% of principal debt) TOTAL: $41,715.61 COUNT BREACH OF CONTRACT ORRSTOWN BANK v. JOAN L. GRESS 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Joan L. Gress has breached the terms of the Promissory Note by failing and refusing to pay the amounts due thereunder. 14. All conditions precedent to recovery have been fulfilled. 15. As a direct and proximate result of the breach by Joan L. Gress, Orrstown has incurred the loss of $41,715.61 and these damages will continue to accrue. 16. The Promissory Note provides for the recovery of attorney fees and costs incurred by Orrstown in an action to recover on the obligations. WHEREFORE, Plaintiff requests judgment in its favor and against the Defendant for the sum of $41,715.61 plus additional interest, costs, expenses and attorney fees all in amount not in excess of the limits requiring compulsory arbitration. Respectfully submitted, BARIC SGVERER C 1 � ► i David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249 -6873 Attorney for Plaintiff VERIFICATION The statements in the foregoing Complaint are based upon information that has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information that I have given to my counsel, they are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. DATE: 1l 6 ! 3 -" zj Michael S. Blau AVP Loss Mitigation & Collections Orrstown Bank PROMISSORY NOTE Ptlnclpat �A. gate matonty • Wwo No f can f co Apoiont .0fl1* Initiate &.50.00u R. lgon 4- xOR4:: 06-14 018: 130031959 1C2 000. 13023504 .. ALQ CK 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. An item above containing • • • ^ has been omitted due to text length limitations. Borrower: JOAN L GRESS (SSN: 198.34 -68621 Lender: ORRSTOWN BANK CLYDE L SCHAEFFER (SSN: 161.324407) KING STREET OFFICE 1001 THREE SQUARE HOLLOW ROAD P 0 BOX 77 EAST KING STREET 15 P O BOX 250 SHIPPENSBURG, PA 17257 SHIPPENSBURG. PA 17257 Principal Amount: $50,000.00 Interest Rate. 7.000% Date of Note: June 14, 2004 Maturity Date: June 14, 2019 PROMISE TO PAY. I ( "Borrower ") jointly and severally promise to pay to ORRSTOWN BANK ( "Lender "), or order, in lawful money of the United States of America, the principal amount of Fifty Thousand & 001100 Dollars ($50,000.00), together with interest at the rate of 7.000% par annum on the unpaid principal balance from June 14. 2004, until paid in fun. PAYMENT. I will pay this loan In 180 payments of $449.54 each payment. My first payment is due July 14, 2004, and all subsequent payments are due on the same day of each month after that. My final payment will be due an June 14, 2019, and will be for an principal and all accrued interest not yet paid. Payments Include principal and interest. Unless otherwise agreed or required by applicable law, payments win be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costa; and then to any late charges. Interest on this Note is computed on a 3651365 simple Interest basis; that le, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding 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 doslgnate in writing. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in fu11', "without recourse ", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and 1 will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment Instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. It a payment is 16 days or more late, i will be charged $2.50. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will beer interest from the date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law. 1 DEFAULT. I will be in default under this Note if any of the following happen: 1 Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in r this Note or In any agreement related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents Is false or misfeeding in any materiel respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes Insolvent; a receiver is appointed for any part of my property: I make an assignment 4 for the benefit at creditors: or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property In which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute In good talth whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the clelm and (urnish Lender f with monles or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Detective Colletsralixation. This Note or any of the related documents ceases to be in Tull force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, i substantial damage or destruction is not covered by insurance. 4 Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party 1 of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at Its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Cure Provisions. It any default, other than a default In payment is curable and if I have not been given a notice of a breech of the some provision of this Note within the preceding twelve (121 months, it may be cured if 1, after receiving written notice from Lender demanding ) cure of such default: It cure the default within fifteen (15) days; or (2) 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 i reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS, Upon default, Lender may, after giving such notices as required by applicable low, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note If I do not pay. I will pay Lender that amount. This Includes, subject to any limits under applicable low, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law. I also will pay any court costs, in addition to all other sums provided by low. JURY WAIVER. Lender and f hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me i i i C Exhibit "A" PROMISSORY NOTE Loan No: 130031859 (Continued) Page 2 against the other. RIGHT OF SETOFF. To the extent permitted by applicable low, Lender reserves a right of setoff in ell my accounts with lender (whether checking, savings, or some other accountl• This Includes all accounts I hold jointly with someone also and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable low, to charge or setoff all sums owing on the indebtedness against any and all such accounts, end, at Lender's option, to administratively freeze all such accounts to allow Lender to protect lender's charge end setoff rights provided in this paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated June 14, 2004, to Lender on reel property located in CUMBERLAND County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain Insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a pert of this Note. SUCCESSOR INTERESTS. The terms of this Note shell be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shell Inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific Ineccuracylies) should be Bent to us at the following address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent ellowed.by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fall to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is mode. 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. PRIOR TO SIGNING THIS NOTE, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, 1, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: 7 X I Seell X ISaell AN l GRESS CLYD L SCHAEF R j 4S[II TD Wrq. Vim_ wf W ODJ Cm.]I"W ]wwea ¢,"n, M.If!]. MM Yry.L l+wl f� O.CaLL1,10AK A fIEJ w11] I { � 4 s i i k i 4 t 4 t 1 1 9171 9690 0935 0010 2388 41 RRSTOWNAI A Tradition of Excellence September 17, 2013 Joan L. Gress 25 Broad Street Shippensburg, Pa. 17257 ACT 91 NOTICE TAKE ACTION- TO SAVE YOUR HOME FROM FORECLOSURE. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the ` default is provided in the attached 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 33 DAYS OF THE DATE OF THIS NOTICE. Take ` this Notice with you when you meet with the Counseling Agency. 5 The name address and phone number of Consumer Credit Counseling Agencies-serving your County are listed at the end of this Notice. if you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1- 800- 342 -2397. (Persons with impaired hearing can call 1717) 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. i Exhibit "B" LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Joan L. Gress PROPERTY ADDRESS: 25 Broad Street Shiopensburp, Pa. 17257 LOAN ACCT. NO.: 130031859 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER: BANK f 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 f IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE r..OR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with.one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. 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 teienhone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling. agencies listed at the end of this Notice. Only consumer credit counseling agencies have. applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be' forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE . AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED " TEMPORARILY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP ALLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION` 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: 25 Broad Street, Shippensburg, Pa. 17257 is SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due July 14, 2013 payment of $428.62, August 14, 2013 payment of $ 449.54 and September 14 2013 payment of $ 449.54. B. O r iher charges (explain /itemize): LATE CHARGES - -$ 53.16. TOTAL AMOUNT PAST DUE: 1,380.86. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,380.86. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or` 66ney order made payable and sent to: OJ RSTOWN BANK ATfN: BETSY SMITH 2695 PHILADELPHIA AVE. CHAMBERSBURG, PA. 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT 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 t©` pay off the mortgage debt. If the lender refers your case to its attorneys, but you curd " the delinquency before the lender begins legal proceedings against you, you will still be required to' pay tl a reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually ocutred 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. i. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by erformin any other re uirements under the mort a e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a - Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from .'the dete 'of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale.; Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: P.O. Box 250 77 East King Street Shippensburg, PA 17257 Phone Number: (717) 709 -3029 _ Fax Number: (717) 709 -3091 Contact Person : - 8etsiu J Smith E -Mail Address: bsmithA6rrstown.corn EFFECT OF SHERIFF'S SALE — You should realize that a Sheriffs Sale will end your ownership of the 6 rportgaged property and your right to occupy it. If you continue to live in the property after Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, r 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: r . • 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 D'EFAIJLT 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.) I • 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. e TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. .. g Sincerely, 9' BETSY J. SMITH, COLLECTION DEPT. Return Receipt Requested and Regular U. S. Mail CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. PHFA 21.00 Linglestown Road 21'1 North Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17110 ('$88) 511 -2227 (717) 780 -3940 or 800- 342 -2397 Urban League of Metropolitan Harrisburg Adams County Interfaith Housing Authority North 6th Street 40 E. High Street Harrisburg, PA 17101 Gettysburg, PA 17325 (7`17,' (717) 334 -1518 Fax (717) 234 -9459 Community Action Comm. of Capital Region CCCS of Western Pa. 1514 Derry Street Colonial Shopping Center Harrisburg, PA 17104 970 S. George Street (717) 232 -9757 York, Pa. 17403 (888)- 511 -2227 Loveship, Inc. American Red Cross - Hanover Chapter 2320 North 5th Street 529 Carlisle Street Harrisburg, Pa. 17110 Hanover, Pa. 17331 : 71;7-232 -2207 (717) 637 -3768 Marantha CCCS of Northeastern Pa. 31 West 3rd Street 202 W. Hamilton Avenue Waynesboro, PA 17268 State College, Pa. 16801 (717) 762 -3285 (814) 238 -3668 or 800- 922 -9537 Base, Inc. Housing Alliance of York 447 South Prince Street 35 South Duke Street Lancaster, Pa. 17603 York, Pa. 17401 (717)- 392 -5467 (717) -854 -1541 Opportunity Inc. 301 East Market Street York,, Pa. 17403 (717) -424 -3645 U � �- i -� �'' UNITEDSTMES POSTAL SERVICE. Date: September 20, 2013 joann gress: The following is in response to your September 20, 2013 request for delivery information on your Certified Mail'rm item number 9171969009350010238841. The delivery record shows that this item was delivered on September 18, 2013 at 12:48 pm in SHIPPENSBURG, PA 17257. The scanned image of the recipient information is provided below. DWkWY $.allot+ Signature of Recipient: ad V Address of Recipient: . r 7Z S Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service " UN17PDSmTES a 1 , P�S7�LSERIpCP' certificate of Mailin N � ° N Tn6 . ay n oe,.nn D f c 6vitll. tna: mad nas Dten DNSenteO to USFy }?iurjuaamr, r` t0 TnRf pm mey Df w;:11i. _O cn0 mjpmyVlB�mq F. om_gRS'LC7 BANS O ° hiladel hia A;6. 6} Ch PA 1 201 CO LLECTI ON O EPT U PS Farts 3817, Aprd 2007 PSN 7 530 -02- 000 -9065 Exhibit "C" Linda S To Betsy Smith /Orrstownbank @Orrstownbank, Davenport/Orrstownbank cc 09/20/2013 02:49 PM bcC Subject Fw: USPS Return Receipt (Electronic) Info for 9171969009350010238841 Linda S. Davenport Operations Support Clerk ---- Forwarded by Linda S Davenport/Orrstownbank on 09120/2013 02:48 PM — From: US_Postal Service @usps.com To: {davenport@orrstown.com Date: 09/20/2013 02:42 PM Subject: USPS Return Receipt (Electronic) Info for 9171969009350010238 This is a post -only message. Please do not respond, Label Number: 9171969009350010238841 Service Type: Certified Mail Thank you for requesting a Return Receipt (Electronic) letter on your shipment. Your Return Receipt (Electronic) letter is included in a PDF file attached to this email. You will need Adobe Acrobat Reader software to view the PDF file. Download Adobe Acrobat Reader for free by going to http://www.adobe.com/products/acrobat/readstep2.html. If you have additional questions on Track & Confirm services and features or if you have difficulties viewing the aftached file, please visit the Frequently Asked Questions (FAQs) section of our Track and Confirm site at http: / /www.usps.com/ shipping /trackandconfirmfags.htm for more information. Attachment: Return Receipt (Electronic) letter (PDF) Results provided by the U.S. Postal Service. 9171969009350010238841.pdf i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson fr Sheriff fir_- 1 S i ` ] 0 qtr ttdGP f ' Jody S Smith 21.4'DEC I 7 Ail 5 r,' Chief Deputy �a= Richard W Stewart UH dERLr C' s a T Solicitor oF , n PENNSYLVANIA Orrstown Bank Case Number vs. Joan L Gress 2013-6734 SHERIFF'S RETURN OF SERVICE 12/05/2013 01:48 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Jason Gress, Son, who accepted as"Adult Person in Charge"for Joan L Gress at 25 Broad Street, Southampton Township, Shippensburg, PA 17257. NOAH CLINE, DEPUTY SHERIFF COST: $96.26 SO ANSWERS, December 06, 2013 RONNYR ANDERSON, SHERIFF ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET • CUMBERLAND COUNTY, PENNSYLVANIA • SHIPPENSBURG, PA 17257 • Plaintiff • NO. 2013-6734 • v. • JOAN L. GRESS • CIVIL ACTION-LAW P - 25 BROAD STREET : 5 SHIPPENSBURG, PA 17257 r--rrn ;;:�. Defendant • - c-) ~ r- _ PRAECIPE TO DISCONTINUE CZ: CO TO THE PROTHONOTARY: :; Kindly mark the above-captioned action as discontinued without prejudice. Respectfully submitted, BARIC SCHERER LLC David A. Baric, Esquire I.D. #44853 Date: December 17, 2013 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on December 17, 2013, I, David A. Buie, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joan L. Gress 25 Broad Street Shippensburg, Pennsylvania 17257 David A. Baric, Esquire