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HomeMy WebLinkAbout14-0461 Supreme Court of Pennsylvania Courtrof Common Pleas . Vt . G MU,Co) eI} Sheet For Prothonotary Use Only: CldmMrland�} /( County Docket No: S j ✓ ( �� � t ijt 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: S 0 Complaint El Writ of Summons El Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Orrstown Bank Stephanie D. Baer I ❑ Check here if you are a Self- Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Markian R. Slobodian, Esq. N �1 Dollar Amount Requested: El within arbitration limits Are money damages requested? : E] Yes X ❑ No (Check on) = outside arbitration limits A Is this a Class Action Suit? ❑ Yes 9 No 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 ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) E:1 Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment o MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: E] Ejectment E] Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑X Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition El Dental E] Quo Warranto ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 212010 ORRSTOWN BANK, :IN THE COURT OF COMMON Plaintiff :CUMBERLAND COUNTY, PE NSYLVAN jA V. :NO. C.7J STEPHANIE D. BAER, : MORTGAGE FORECLOSURE Defendant NOTICE TO DEFEND 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 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 tom YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1- 800 - 990 -9108 Markian R. Slobodian, Esq. I.D. #41075 801 North Second Street Harrisburg, PA 17102 717/232-5180 Counsel for Orrstown Bank Dated. A3-- 5 ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. STEPHANIE D. BAER, : MORTGAGE FORECLOSURE Defendant COMPLAINT NOW COMES, Plaintiff, Orrstown Bank, ("Orrstown") by its counsel, The Law Offices of Markian R. Slobodian, and files the following Complaint in mortgage foreclosure against Defendant, Stephanie D. Baer ( "Baer "): 1. Plaintiff, Orrstown, is a banking institution, having a principal office at 77 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant Baer is an adult individual residing at 121 W. Wissahicken Avenue, Flourtown, Montgomery County, Pennsylvania 17301. 3. On or about November 20, 2006, in connection with a certain loan to Baer by Orrstown, Baer made, executed, and delivered to Orrstown a certain Promissory Note (the "Note ") in the initial amount of One Hundred Thirty Four Thousand Eight Hundred Dollars and 00/ 100 ($134,800.00), payable to Orrstown with an interest rate based on the weekly average yield on US Treasury securities adjusted to a constant maturity of one year plus a margin of 2.750 percentage points, the sum rounded to the nearest 0.125% with interest fixed at the rate of 6.99% per annum for the first sixty (60) payments, payable in monthly installments in the initial amount of $958.33 each due no later than the 20 day of each month commencing December 20, 2006 with a final payment due on November 20, 2036. A true and correct copy of the Note is attached hereto and incorporated herein as Exhibit "A ". 4. As security for Baer's obligation under the Note, on or about November 20, 2006, Baer made, executed, and delivered to Orrstown a mortgage (the "Mortgage ") granting to Orrstown a first lien on Baer's real property located at 337 East Garfield Street, Shippensburg, Cumberland County, PA 17257, which real property is more fully described in the Mortgage. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B" 5. The Mortgage was duly recorded on November 22, 2006 by the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1973, Page 4277. 6. Baer defaulted on her obligations under the terms of the Note by failing to make monthly payments when due. 7. On July 22, 2013, Orrstown mailed to Baer a Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 in accordance with Pennsylvania Act 91 of 1983. A true and correct copy of the Notice and proof of mailing is attached hereto and incorporated herein as Exhibit "C ". 8. Baer has failed to contact Orrstown or a consumer credit counseling agency as provided in the Act 91 Notices. 9. Orrstown has not received notice that Baer has filed an application with the Homeowners' Emergency Mortgage Assistance Program. 10. Baer is liable to Orrstown for the entire amount due on the Note. 11. The following amounts are due on the Note: a. Balance of principal (as of 12/16/13): $122,481.39 b. Interest at 2.875 % per annum through 12/16/13 ($9.303 per diem): $ 2,152.76 c. Late charges accrued through 12/16/13: $ 242.08 d. Prior mortgage foreclosure legal fees as authorized by Note & Mortgage: $ 375.00 e. Satisfaction fee: $ 55.00 f. Partial payment credit: $ (30.26) G. Attorneys' fees (as authorized by Note & Mortgage): To Be Added TOTAL as of December 16, 2013 $125,275.97* *Plus attorneys' fees as authorized by the Note & Mortgage, plus interest at the contract rate of 2 2.875% per annum commencing 12/17/13 to the date of judgment. WHEREFORE, Plaintiff, Orrstown Bank, demands judgment against Baer in the amount of $125,275.97, plus attorneys' fees, plus the following amounts accruing starting December 16, 2013: a. Interest at rate specified in the Note, 2.875% per annum, from December 16, 2013 to date of judgment; b. Post judgment interest at the statutory rate; and c. Additional attorneys' fees hereinafter incurred, plus costs of suit. Respectfully submitted, MARKIAN R. SLOBODIAN, ESQ. I.D. #41075 801 North Second Street Harrisburg, PA 17102 717/232 -5180 Dated: U� Attorneys for Orrstown Bank 3 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, I hereby certify that I am Assistant Vice - President of Orrstown Bank, that I am authorized to verify this Complaint on its behalf and, further, that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. 4 chael ant Vice President Orrstown Bank 4 �� !7 EXHIBIT A PROMISSORY (VOTE 00 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. Any item above containing "•"`° has been omitted due to text length limitations. SOMWer: Stephanie 0 Baer (SSN: 203 - 56-6472) Lender: Ormtown Bank 501 Glenn Street King Street Office Shippensburg. PA 17257 77 East King Street P 0 BOX 250 Shjppensburg, PA 17257 Principe[ Amount: $134,800.00 Date of Note: November 20, 2006 Maturity Date: November 20, 2036 PROMISE TO PAY. I ("Borrower") promise to pay to Orrstown Bank ( "Lender "), or order, In lawful money of the United States of America, the principal amount of One Hundred Thirty -four Thousand Eight Hundred & 001100 Dollars ($134,800.001, together with Interest on the unpaid principal balance from November 20. 2006. unta paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, i will pay this loan In accordance with the following payment schedule: 60 monthly consecutive principal and Interest payments In the initial amoum of $895.92 each, beginning December 20. 2006, with interest calculated on the unpaid principal betaruces at an initial discounted Interest rate of 6.990% per annum; and 300 monthly consecutive principal and Interest payments in the initial amount of $958.33 each, beginning December 20, 2011, with interest calculated on the unpaid principal balanoss at an interest rate based an the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year (currently 5.030%). plus a margin of 2.750 percentage points. the sum rounded to the nearest 0.125, resulting In at initial interest rate of 7.75096. My final payment will be due on November 20. 2036 and will be for all principal and accrued Interest not yet paid. together with any other unpaid amounts tender this Note. Unless otherwise agreed or required by applicable law. payments will be applied first to any accrued unpaid interest; then to principal; then to any tale charges; and then to any unpaid collection costs. Interest on this Note is computed on a 301360 simple interest basis; that Is, with the exception of odd days in the first payment period. nu mthly Interest is calculated by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days Is calculated on the basis of the actual days to the next full month and a 360-day year. I will pay Lander at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. For the first 60 payments, the interest rate on this loan will be 6.990%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the weekly average yield on US Treasury Securities adjusted to a constant maturity of one year (the "index "). The index is not necessarily the lowest rate charged by Lender r on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current index rate upon my request. The interest rate change will not occur more often than each year. I understand that Lender may make loans based on other rates as wed. The Index psrently Is 5.030% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rats or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just- ending payment stream, NOTICE: Under no circumstances will the Interest rate on this Note be more than the tosser of 12.990% per annum or the maximum - rawallowed - by law. Notwithstanding the above provisions, the maximum increase or decrease in the interest . rate at any one time on this loan will not exceed 2.000 percentage points. Unless walvad by Lander, any increase In the interest rate will increase the amounts of my payments. PREPAYMENT. 1 agree that all loan tees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by taw. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, 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 full ", "without raccitirse% or similar language. If 1 send such a payment. Lender may accept it without losing am/ of Lender's rights under this Note, and I 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. 77 EAST KiNG STREET, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. if a payment Is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If Judgment is entered in connection with this Note. interest will continue to accrue after the date of judgment at the rate in eftect at the time judgment Is entered. However, in no event will the interest rate exceed the maximurn intere>t Otte limitations under applicable law. DEFAULT. I will be In default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. i break any promise made to Lender or fall to perform promptly at the time and strictly in the manner provided in 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 misleading in any material respect, either now or at the time made or furnished. Death or insolvency. Any Borrower dies or becomes insolvent, a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced, either by me or against me under any bankruptcy or insolvency taws. 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 Tien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in goad faith 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 claim and furnish Lender with monies or a surety bond satisfactory to Lander to satisfy the claim, then this default provision will not apply. Defective Codateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or (tan) at any time and for any reason. PROMISSORY NOTE Loran No: 1030005841 ♦Continued) Page 2 Collateral Damage of Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to env guarantor, endorser, surety, or accommodation party of any of the indebtedness or env 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. insecurity, Lender in good faith believes itself insecure. Cure Provisions. 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 (121 months, it may be cured if I, after receiving written notice from Lender demanding cure of such default: III cure the default within fifteen (IS) days; or 12) if the cure requires more than fifteen 115) days, immediately Initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I wilt 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 law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, Including attomeys' fees, expenses for bankruptcy proceedings linclud'ing efforts to modify or vacate any automatic stay or injunction), and appeals. If riot prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER, Lender and I hereby waive the right to any jury trial In any action. proceeding, or counterclaim brought by either Lander or me against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conf is of law provisions. This Note has bowl accepted by Lender in the Commanmahh of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other accourtt). This Includes all accounts 1 hold jointly with someone else 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 law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and 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 November 20, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, PROPERTY INSURANCE. I understand that t 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 part of this Note. SUCCESSOR INTERESTS. The - terms of this Note shall be binding upon me, and upon my hairs, personal representatives, successors and assigns, and shall 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 accounts) to a consumer reporting agency. Your written notice describing the specific Inaccuracy(les) should be sent to us at the following address: Orrstown Bank, King Street Office, 77 East King Street, P 0 BOX 250, Shippensburg, PA 17257. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Nate. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs. guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, 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, shag be released from liability. All such parties agree that Lender may renew or extend {repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interestin the collateral. AD such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. 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, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I 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. {Seal) eph ie D r _•� Lap MO Lowkm V.- SJUDDODa Csa•. ".,aaa Fbue", 6ororom, roa 1Dl +,7000. AaMWf, R,f.!.etl, •v4 o:14iNtA.?OYDfC M./qN PbZi �XN�g�T „B„ 0 gOD5 Parcel Identification ..4 • Number: f a r 3 RECORDATION 260' NOV 22 PP1 12 50 REQUESTED BY: Orrstown Bank King Street Office 77 East King Street P 0 BOX 250 Shippensburg, PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 77 EAST KING STREET P.O. BOX 250 SHIPPENSBURG,PA 17257 FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: $134,800.00 THIS MORTGAGE dated November 20, 2006, is made and executed between Stephanie D Baer, whose address is 501 Glenn Street, Shippensburg, PA 17257 (referred to below as "Grantor ") and Orrstown Bank, whose address is 77 East King Street, P O BOX 250, Shippensburg, PA 17257 (referred to below as "Lender "I. 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 end to the following described reel property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all streets, fangs, 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, (the "Real Property') located in Cumberland County, Commonwealth of Pennsylvania: SEE - ATTACHED The Real Property or its address is commonly known as 337 E Garfield St, Shippensburg, PA 17257. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future 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. THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $134,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. if any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor she!! maintain tho Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2} Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment. disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters: and (3) Except as previously disclosed to and acknowledged by Lender in writing. (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shalt use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. 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 Lander shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grarnor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby 11) releases and waives any future claims BK 1973PG4277 MORTGAGE (Continued) Page 2 against Lender for indemnity or contribution in the event Grantor becomes liable far cleanup or other coats under any such laws; and (2) agrees to indemnity, defend, 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 occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. Tire provisions of this section of the Mortgage, Including the obligation to indemnify and defend, 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, conductor permit env nuisance nor commit, permit. or Sutter any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coat, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shell not demolish or remove any Improvements from the Real Property. without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lander to replace such improvements with Improvements of at least equal value, Lender's Right to Enter. Lender and Lender's sgrms and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real 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, Lenders 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 or 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. Lander may, at Lender's option, declare Immediately due and payable all sums secured by this Mortgage upon the sale or tfanster, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer* means the conveyance of Real Property or any right, title or interest in the Real Property; 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, lesse-opthon contract, or by sate, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, thsa option shell not be exercised by Lender it such exercise is prohibited by federal law or by Pennsylvania low. TAXES AND LIENS. The following provisions relating , to - the - taxes- end -liens on the- Property-are-part of this Mortgage: Payment. Grantor shall pay when due land 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 any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the Tien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good taith 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 (1S) 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 shell 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 wig 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 native to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shag 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 be 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, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. BKI973PG4278 MORTGAGE (Continued) Page 3 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 116) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under 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, it any, shall be applied to the principal balance of the Indebtedness. If Lender holds arty proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. It Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances. and other claims, (8) to provide any required insurance on the Property, or )C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's Interests in the Property, then Lender on Grantor's behalf may, but is not required to. take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will IA) be payable on demand; (8) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable Insurance policy; or 12) the remaining tern of the Note: or (Cl be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other then those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender In connection with this Mortgage, and fb) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. It any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds, If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, lender may at Its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges, Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage: f3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note: and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage. this event shall have the same effect as an Event of Default, and Lender may exerciae any or all of Its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above )n 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, and Lender shall have all of the rights of a secured party under the Uniform Commercial. Code as amended from time to time. g�(I 973PG4279 MORTGAGE (Continued) Page 4 Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security Interest in the 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 not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor► and Lender (secured party) from which information concerning the security interest granted by this Mortgage. may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and t2) 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 Lender agrees to the contrary in writing, Grantor shag reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. It Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option. Grantor will be in default under this Mortgage it any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other 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 lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Colfeteralization. This Mortgage or any of the Related Documents ceases to be In full force and effect fincluding failure of any collateral document to create a valid and perfected security Interest or lien) 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. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes in good faith whether the claim on which the taking of the Property is based Is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not 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 arty guarantor, endorser, surety, or accommodation party 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. 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. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment Is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve tt21 months, It may be cured it Grantor, after receiving written notice from Lender demanding cure of such default: It) cures the default within fifteen 1151 days, or (2) if the cure requires more than fifteen 115i days, Immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default 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 an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by BK 1973PG4280 MORTGAGE (Continued) Page 5 applicable low, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably authorizes Lander to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed, Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver, Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale; and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may 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. Judicial Foreclosure. Lender may obtain a judicief decree foreclosing Grantor's interest in all or any part of the Property. Nonjudiciai Sale. If permitted by applicable law, Lander may foreclose Grantor's Interest in all or In any part of the Personal Property or the Real Property by non- judicial sale. Deficiency Judgment. Lender -may obtain a judgment for any deficiency remaining in the Indebtedness due to Lander after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lander's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shell have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising Its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales, Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the Atme_.after which any-private-sale or other intended disposition of the Personal Property -is-to be- made. Unless otherwise required by applicable few, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sate of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy, if Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees. Expenses. If Lender institutes any suit w 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 upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of its rights shall become a part of fits Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. 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 and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining titre reports (Including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by tefefacsimile (unless otherwise required by law), when deposited with c nationally recognized rwernight courier, or. if mailed, when deposited in the United States mail. as first Gass, certified or registered mall postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable low, it there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors, It will be Grantor's responsibility to tell the others of the notice from Lender. ADJUSTABLE RATE RIDER. An exhibit, titled "ADJUSTABLE RATE RIDER," is attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to ny t 973PG428 f t' ; Un MORTGAGE (Continued) Page 6 interpret or define the provisions of this Mortgage. Governing Law. This Mortgage wig be governed by federal low applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantof also understands that it Lender does consent to a request, that does not mean that Grantor will not have to get Larder's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severabffity. if a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be Invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Stephanie D Baer and includes all co- signers and co- makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. 1 "CERCLA "S, 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, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Stephanie D Baer. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity. concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. tndebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions toy the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means Onstown Bank, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated November 20, 2006, in the original principal amount of $134,800.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is November 20, 2036. NOTICE TO GRANTOR.: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words 'Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiumst from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues. income, issues, royalties, profits, and other benefits derived from the Property, B I973PG4282 MORTGAGE ICOntinued) Page 7 GRANTOR ACKNOWLEDGES HAVING, READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: / Stephinfie D Baer Signs knowledged ap¢ delhra d'm the presence of: Witness � ,`/j � J •�.� x Witness CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Ortstown Bank, herein is as follows: King Street Office, 77 East King Street, P O BOX 250, Shippensburg, PA L757 4. Attorney or Agent for Mort INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) I V� SS COUNTY (J,& l� ` thta, the �� day of 1�3���1YtS�'a t1 20 Q s% , before me ry' the undersigned Notary Public, personally appeared Stephanie D Baer, known to me (or satisfacto QIK proven) to be the person whose name Is subscribed to the within Instrument, and acknowledged that he or she exec ed the some for the purposes therein co Fk In witness whereat, t hereunto set ny hand and ofOc)al r A nth co lmft OF PENNSY VANI R on yA Not P ublic Notary Public in and for the State of ission E May 31, 22010 wu,ao....nv, ve,aaa.cegw c.m. .•n.naa .w.<wu ama, w*c+me..�.:. -w <xan nwm.rc arv.aa<.41 f Ccrtify this to be recorded 6n Cumberland. County FA 1 5 'je 'l Recorder of Deeds BK 1973PG4283 ADJUSTABLE RATE RIDER This ADJUSTABLE RATE RIDER is attached to and by this, reference is made a part of the Mortgage, dated November 20. 2006, and executed in connection with a loan or other financial accommodations between ORRSTOWN BANK and Stephanie D Baer. This adjustable rate rider will secure Borrower's Adjustable Rata Note (the "Note ") to ORRSTOWN BANK (the "Lender ") of the some date and covering the property described in this Security Instrument and located at: THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. in addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial rate of 6.99 %. The Note provides for changes In the interest, rate and the monthly payments, as follows: fA) Change Dates The interest rate i wig pay may change on the 20th day of November 2011, and on that day every twelve months) thereafter. Each date on which my interest rate could change Is called a "Change Date." (B) The Index Beginning with the first Change Date, my Interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year(s), as made available by the Federal Reserve Board. The most recent index figure available as of the date 45 days before each Change Date is caged the "Current Index." If the index Is no. longer available, the Lender will choose a now index which is based upon comparable information. The Lender will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Lender will calculate my new Interest rate by adding 2:76 percentage points to the Current Index. The Lender will then round the result of this calculation to the nearest one-eighth of one percentage point (0.125 %). Subject to the gmits stated in Section (0) below, this rounded amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe in the Change Date In full on the maturity date at my new interest rate In substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (0) Limits on Interest Rate Changes The interest rate that I am required to pay at the first Change Date will not be greater than two percentage points (2.000 %) over the original interest rate. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.000%) from the rate of Interest I have been paying the preceding twelve month(s). My interest rate will never be greater than six percentage points (6.000%) over the origkW interest rate. (E) Effective Deft of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my now monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. IF) Notice -of- Changes The Lender will deliver or mail me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by low to be given to nm and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument to amended to read as follows: Transfer of the property or a Beneficial Interest in Borrower, if all or any part of the Property or any interest in it is sold or transferred (or If a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option. require immediate paymhert in full of all sums secured by this Security! Instrument. However, this option shall not be exercised by Lender If exercise Is prohibited by federal law as of the date of this Security Instrument. Lender also shag not exercise this option H: (a) Borrower causes to be submitted to Lander information required by.Lender to evaluate the Intended transferee as if a new loan were being made to the transferee: and (b) Lender resonabiy determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of an covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law. Lender may charge a resonabie fee as a condition to Lender's Consent of the loan assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Sorrrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full. Lender shag give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, H Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. INDIVIDUAL ACKNOWLEDGMENT Commonwealth of Pennsylvania } SS County of Cumberland 0 this, the day of Jam\ 20 O�, before me 1 C — _ _ the undersigned Notary Public, personalty appeared pry{ p J 1 known to me for satisfactorily proven) to be the person whose n ne to subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal J COMMONMMAM OF P NNSY VAN)A I Se 0 H. AntltorryAd Notary Public Mmfseioe s� y 9 2010 BK1973PG42Vf- ADJUSTABLE RATE RIDER (Continued) Page 2 THIS ADJUSTABLE RATE RIDER IS EXECUTED ON NOVEMBER 20, 2008. GRANTOR: (Seel) ph le D Baer .vim MQLmE1q,VM.6.]]NCb Gw.-4 Poaew6Man, M,. 11pf, Hy,'6. pIIM, q,r,rG, IA ,:MWRWO].fC T113]1 !0.Y/ BK 1973PG4286 SCHEDULE A ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by bast Garfield Street; oa the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Finkey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or Less, to the public alley in the rear, on which alley it fronts 54 .feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. g{►973pG�a28 �XYIIBYT "�,� ORRSTOWNBAN7R A Tradition of Excellence July 22, 2013 9171 9690 0935 0010 2133 50 Stephanie D. Baer 121 W. Wissahickon Ave FlouAown, PA 17301 ACT 91 NOTICE TAKE, ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the modgage 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 pastes. The HOMEOWNER°§ 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 COUNSEUNG AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agengy. 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 (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. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES 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): Stephanie D. Baer PROPERTY ADDRESS: 337 E. Garfield Street, Shippensburg, PA 17257 LOAN ACCT. NO.: 1030005841 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER: 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 ( 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 t)EFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the proorty is located are set forth at the nod 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 APPLICATION 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 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 (Brina it uD to date). NATURE OF THE DEFAULT – The MORTGAGE debt held by the above (ender on your property located at: 337 E. Garfield Street, Shippensburg, PA 17257 IS IN SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: May 20 Payment t of $574.90, June 20 vaVment of $605.16 and July-20, 2013 payment of $60516 totaling $1,785.22. Other charges (explain/itemize): LATE CHARGES—$90.78 TOTAL AMOUNT PAST DUE: 1,876.00 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 $ 1,876.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made -oavabie- and -sent to ORRSTOW N BANK ATTN: LINDA MOWEN 2685 Philadelphia Avenue Chambersburg, PA 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. NIA 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 pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' 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 pa 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 stilt 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs 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: Orrstown Bank Address: 2695 philadOp- hia- Avenue Chambersbura, PA 17201 Phone Number: (717) 709 -3033 Fax Number: (717) 264.3154 Contact Person: Linda Mowen E•Mail Address: lmowen@_orrstown.com. 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 or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: 0 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE 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. In accordance with the Fair Debt Collection Practices Act, Title IS U.S.C. 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this Is an effort to collect a debt. Any and all information obtained will be used for that purpose. Sincerely, ORRSTOWN BANK Linda K. Mowen Assistant Vice President Sr. Consumer Collector SENT VIA REGULAR AND CERTIFIED MAIL Cc: PHFA 211 N Front St Harrisburg PA 17101 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. PHFA 2000 Linglestown Road 211 Forth Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17110 (888) 511 -2227 (717) 780 -3940 or 800 -342 -2397 Community Action Comm, of Capital Region PA Interfaith Community Programs, Inc. 1514 Derry Street 40 E. High Street Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232 -9757 (7.17) 334 -1518 Marantha PathStone Corporation 43 Philadelphia Ave. 1250 Carlisle Road Waynesboro, PA►17268 Aspers, PA 17304 (717) 762 -2285 (717) 677 -6150 Base, Inc. H- ousing_Alliance of York1Y 447 South Prince Street Housing Community Lancaster, PA 17603 290 West Market Street (717) 392 -5467 York, Pa. 17401 (717)-855 -2752 PathStone Corporation PathStone Corporation 1625 North Front Street 450 Cleveland Ave. Harrisburg, PA 17102 Chambersburg, PA 17201 (717) 234 -6616 (717) 264 -5913 Advantage Credit Counseling Service CCC of Western PA 55 Clover Hill Road Dallastown, PA 17313 (888) 511 -2227 � l U NI TEiDSTATES P ©STdL SERVICE Date: July 26, 2013 stephanie baer: The following is in response to your July 26, 2013 request for delivery information on your Certified MailIm item number 9171969009350010213350. The delivery record shows that this item was delivered on July 25, 2013 at 12:17 pm in FORT WASHINGTON, PA 19034. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient Util L1.J :4ue a Xi .- �'O,- 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 CERTIFIED MAIL USPS.G Date: 9171 9690 0935 0010 2133 50 Sender: Linda Mowen Department: Collections 9WS XXO zaoESZ N9d 4002 fu(tV',LM WO sd POSTAL SERVICE40 Yi vfCadr :.a+nMMdaug+�.it.na:ti u O •�:': \ V n p rhrt WAp ... p� USE C) Kl Q K gal f j1. t. r r6&�;WCaVWBW +ffi �ppvy0)p.+.aH13q t•8u: w,vi SyY Srtv New ;e�A M+�Wo.afnrotttiw[ dM eX' U i4x � ° � ultleNF 9 �ltf.�71��tUd SEIYJSQstLRYR PS Forth 3877, April 207 PSN 7530 -02- X50.9065 ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014-461 STEPHANIE D. BAER, : CIVIL ACTION - LAW ' Defendant rr, d, AFFIDAVIT OF NON-MILITARY SERVICE . .may TO: THE PROTHONOTARY OF CUMBERLAND COUNTY. r I hereby certify,to the best of my knowledge,that Defendant Stephanie D. Baer in the above-referenced case,is not presently on active or non-active military status. LAW OFFICES OF MARKIAN R. SLOBODIAN By .7.)A /2.-------- MARKIAN R. SLOBODIAN,ESQ. ID No.41075 801 North Second Street Harrisburg, PA 17102 (717) 232-5180 Dated: 2 /III 14 Attorneys for Plaintiff,Orrstown Bank Department of Defense Manpower Data Center Results as of:Feb-10-2014 11:11:18 AM SCRA 3.0 yet 'at Status Report .K:41..:0,„ •: Pursuant to Ser°vicernembers Civil Relief Act Last Name: BAER First Name: STEPHANIE Middle Name: D. Active Duty Status As Of: Feb-10-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yhevait. yA. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 07P9K326V0742D0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' _. �L „Jr ! Sheriff t� 4t wt fit 'afore", Jody S Smith 2014 FEB 25 PH 3: 24 Chief Deputy Richard W Stewart ,,,UMBERLAND COUNTY Solicitor PENNSYLVANIA Orrstown Bank Case Number vs. Stephanie D Baer 2014-461 SHERIFF'S RETURN OF SERVICE 01/27/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Stephanie D Baer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Montgomery, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 02/10/2014 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Montgomery County upon Stephanie D Baer, personally, at 121 W. Wissahicken Avenue, Flourtown, PA 17301. Greg Womelsdorf, Acting Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, February 18, 2014 RONNY R ANDERSON, SHERIFF 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �; � Sheriff Jody S Smith Richard W Stewart Chief Deputy Solicitor Or Bank vs. vs. /T- Case Number Stephanie D Baer 2014-461 SERVICE COVER SHEET O N N Service Details: o Category: Civil Action -Complaint in Mortgage Foreclosure Zone: X Manner: Deputize Expires: 02/21/2014 Warrant: w 0 Notes: M Q a- Serve To: Final Service: Name: Stephanie D Baer Served son • Adult In Charge • Posted Other Primary 121 W.Wissahicken Avenue Adult In w Address: Flourtown, PA 17301 Charge: zRelation: / Phone: DOB: �l z Alternate Date: 2_70 ft/ Time: ,5,1-2_ Y Address: I Phone: Deputy: `t-tf,flaw,' Mileage: I Attorney/Originator: � § Name: Law Offices of Markian R. Slobodian Phone: 717-232-5180 Service Attempts: Date: Time Mileage: 1 0 , ._ .... �.e..,,,..............«. .. L,... ..... .... k N Deputy: Notes/Special Instructions: O. Now, January 27, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Montg�omeri � ��� H to execute service of the documents herewith and make return thereof according to law. jEA ,J co re Return To: �` •0��d �� � Cumberland County Sheriffs Office m One Courthouse Square ��n���3 Carlisle, PA 17013 Ronny R Anderson, Sheriff ORRSTOWN BANK, v. STEPHANIE D. BAER, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA r7.1. rrt : NO. 2014 -461 N : MORTGAGE FORECLOSURE Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: THE PROTHONOTARY OF CUMBERLAND COUNTY. Pursuant to Pa.R. Civ. P. No. 1037(b), enter judgment in favor of Orrstown Bank, Plaintiff in the above - captioned action, and against Stephanie D. Baer, Defendant in the above - captioned action, for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from the date of service of said Complaint and assess Plaintiff's damages in the total sum of $126,142.04 as follows: The following amounts are due: a. Balance of principal (as of 3/17/14): $ 122,481.39 b. Interest at 2.875% per annum through 3/17/14 ($9.303 per diem): $ 2,929.13 c. Late charges accrued through 3/17/14: $ 331.78 d. Prior mortgage foreclosure legal fees as authorized by Note & Mortgage: $ 375.00 e. Satisfaction fee: $ 55.00 f. Partial payment credit: $ (30.26) G. Attorneys' fees (as authorized by Note & Mortgage): To Be Added TOTAL as of March 17, 2014 $ 126,142.04* *Plus attorneys' fees as authorized by the Note & Mortgage, plus interest at the contract rate of 2.875% per annum commencing 3/18/14 to the date of judgment. I hereby certify that written Notices of Intention to File this Praecipe for Entry of Default Judgment were served iri accordance with Pa.R.C.P. No. 237.1. A True and correct copy of the aforesaid Notice is attached hereto as Exhibit "A ". gll51p�aN� ,t//o3 f\J0-fr /tkJR7 303 /7S I hereby certify that the last known address of the Defendant is: 121 W. Wissahicken Avenue Flourtown, PA 17301 LAW OFFICES OF MARKIAN R. SLOBODIAN By Dated: 3' 1 r I 2 MARKIAN R. SLOBODIAN, ESQ. ID No. 41075 801 North Second Street Harrisburg, PA 17102 (717) 232 -5180 Attorneys for Plaintiff, Orrstown Bank EXHIBIT "A" ci 3/4//P-f ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMERLAND COUNTY, PENNSYLVANIA v. : NO. 2013461 STEPHANIE D. BAER, : MORTGAGE FORECLOSURE Defendant TO: NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT Stephanie D. Baer 121 W. Wissahicken Avenue Flourtown, PA 17301 DATED: March 4, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 -0186 800 - 692 -7375 LAW OFFICES OF MARKIAN R. SLOBODIAN By Dated: 3 ` 1 I MARKIAN R. SLOBODIAN, ESQ. I.D. No. 41075 801 North Second Street Harrisburg, PA 17102 (717) 232 -5180 Attorneys for Plaintiff, Orrstown Bank ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 -461 STEPHANIE D. BAER, : MORTGAGE FORECLOSURE Defendant NOTICE OF ENTRY OF TUDGMENT PURSUANT TO RULE 236 NOTICE OF DEBTOR'S RIGHTS TO: Stephanie D. Baer, Defendant(s) You are hereby notified that on 1Y\(14YCh I a , 2014 judgment has been entered against you in the above - captioned case in the total sum of $126,142.04, plus attorneys' fees, plus the following amounts accruing starting March 18, 2014: a. Interest at rate specified in the Note & Mortgage, 2.875% per annum, from March 18, 2014 until Defendant satisfies her judgment obligation; and, DATE: b. Additional attorneys' fees and expenses from March 18, 2014, plus costs of suit. 311/Pi Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 800 - 990 -9108 I hereby certify that the following is the address of the Defendant(s) stated in the certificate of residence: 121 W. Wissahicken Avenue Flourtown, PA 17301 LAW OFFICES OF MARKIAN R. SLOBODIAN By: 3 Markian R. Slobodian, Esq. ID #41075 801 North Second Street Harrisburg, PA 17102 717/ 232 -5180 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Praecipe for Entry Default Judgment on the Defendant by United States mail, first class, postage prepaid and addressed to the following individual(s): Dated: 3/ / I (I' Stephanie D. Baer 121 W. Wissahicken Avenue Flourtown, PA 17301 4 y L. Haubert, Paralegal ORRSTOWN BANK, v. STEPHANIE D. BAER, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014-461 : MORTGAGE FORECLOSURE Defendant PRAECIPE FOR WRIT OF EXECUTION (REAL PROPERTY) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a Writ of Execution (Real Property) Upon a Judgment in the above Matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania against: a. Stephanie D. Baer, Defendant; C • (2) and index this Writ a. against Stephanie D. Baer, Defendant, and as a lis pendens against the Real Property of the Defendant as follows: Proceed to levy against Defendant's Real Property with an address commonly known as 337 East Garfield Street, Shippensburg, Cumberland County, PA 17257. See Legal Description of Real Property (Exhibit A attached). (3) The following amounts are due: a. Balance of principal (as of 3/17/14): b. Interest at 2.875% per annum through 3/17/14 ($9.303 per diem): c. Late charges accrued through 3/17/14: d. Prior mortgage foreclosure legal fees as authorized by Note & Mortgage: e. Satisfaction fee: f. Partial payment credit: g. Attorneys' fees (as authorized by Note & Mortgage): TOTAL as of March 17, 2014 Post Judgment Interest at Statutory Rate TOTAL as of June 3, 2014 DATED: 6 I 31 31.K� (og.?S << << t(k Sc,<<ll apit •P8 $ 122,481.39 $ 2,929.13 $ 331.78 $ 375.00 $ 55.00 $ (30.26) To Be Added $ 126,142.04 $ 1,596.65 $ 127,738.69 LAW OFFICES OF MARKIAN R. SLOBODIAN By: Si 9' cc- e_L-4ALL cz 3N/P9% MARKIAN R. SLOBODIAN, ESQ. I.D. No. 41075 801 North Second St. Harrisburg, PA 17102 (717) 232-5180 Attorneys for Plaintiff EXHIBIT "A" ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Finkey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. BEING the same premises which David W. Ketner and Mona S. Ketner, by Deed dated November 13, 2006 and recorded November 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 3478, granted and conveyed unto Stephanie D. Baer. SEIZED AND TAKEN in execution by the Sheriff of Cumberland County to be sold as the property of Stephanie D. Baer, as sole mortgagor and real owner under Judgment No. 2014-461 Civil in the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS " Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA s' CMS • vCr ; v. : NO. 2014-461 ��ril ��- ' .-m f" r �,., 77 -c STEPHANIE D. BAER, : MORTGAGE FORECLOSURE Defendant AFFIDAVIT PURSUANT TO Pa.R.C.P. No. 3129.1 The Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the following parcels of real property: Property Description. 337 East Garfield Street, Shippensburg, PA 17257 (see Exhibit "A" attached). 1. Name and address of owners or reputed owner: (a) Stephanie D. Baer, 121 W. Wissahickon Avenue, Flourtown, PA 19301. 2. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street, PO Box 250 Shippensburg, PA 17257 3. Name and address of the last recorded holder of the mortgage of record: Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of every other person who has any record lien on the property: 5. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Stephanie D. Baer 121 W. Wissahickon Avenue Flourtown, PA 19301 • • k, 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Shippensburg Borough Tax Office 111 N. Fayette Street Shippensburg, PA 17257 Shippensburg Area School District 317 N. Morris Street Shippensburg, PA 17257 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Markian R. Slobodian, Esq. EXHIBIT "A" ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly • of Lester Finkey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. BEING the same premises which David W. Ketner and Mona S. Ketner, by Deed dated November 13, 2006 and recorded November 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 3478, granted and conveyed unto Stephanie D. Baer. SEIZED AND TAKEN in execution by the Sheriff of Cumberland County to be sold as the property of Stephanie D. Baer, as sole mortgagor and real owner under Judgment No. 2014-461 Civil in the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. ORRSTOWN BANK, v. STEPHANIE D. BAER, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Defendant : NO. 2014-461 : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 DESCRIPTION AND LOCATION OF REAL PROPERTY TO BE SOLD: • Property Description. 337 East Garfield Street, Shippensburg, PA 17257 (Exhibit "A" attached) TAKE NOTICE that the Orrstown Bank has issued an Execution against the real property of Stephanie D. Baer. This Execution shall be issued pursuant to the Judgment of the Court of Common Pleas of Cumberland County entered against Stephanie D. Baer by the Orrstown Bank on March 19, 2014, in the amount of $126,142.04, plus post judgment interest and costs. Unless the debt, interest, and costs are paid in full prior to the date of sale, said parcel of real estate will be sold at a public sale by the Sheriff of Cumberland County at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, on September 3, 2014 at 10:00 a.m. The property to be sold is described in detail in a legal description attached hereto, which sets forth the boundaries of the property to be sold. (SEE ATTACHED DESCRIPTION) All parties in interest and claimants will take notice that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ADDITIONAL NOTICE TO STEPHANIE D. BAER: THIS NOTICE IS GIVEN PURSUANT TO RULE 3129.1 OF THE PENNSYLVANIA RULE OF CIVIL PROCEDURE. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THE ORRSTOWN BANK HAS ENTERED A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THE RIGHTS YOU MAY HAVE. IF YOU WISH TO EXERCISE YOUR RIGHTS, YOU SHOULD DO SO IMMEDIATELY. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR YOUR RIGHTS REGARDING THE SALE OF YOUR PROPERTY, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS IN THIS PROCEEDING: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. These rights must be asserted by filing a petition or petitions raising the legal issues or rights mentioned above with the Court of Common Pleas of Cumberland County located in Carlisle, Pennsylvania. If you have any questions concerning these rights 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 above. A copy of the Writ of Execution for your property is attached hereto. Dated: I3 1 cc: Respectfully submitted, LAW OFFICES OF MARKIAN R. SLOBODIAN MARKIAN R. SLOBODIAN, ESQ. ID #41075 801 North Second Street Harrisburg, PA 17102 717/232-5180 Attorneys for Plaintiff Orrstown Bank 77 East King Street, PO Box 250 Shippensburg, PA 17257 Stephanie D. Baer 121 W. Wissahickon Avenue Flourtown, PA 19301 EXHIBIT "A" ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Finkey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. BEING the same premises which David W. Ketner and Mona S. Ketner, by Deed dated November 13, 2006 and recorded November 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 3478, granted and conveyed unto Stephanie D. Baer. SEIZED AND TAKEN in execution by the Sheriff of Cumberland County to be sold as the property of Stephanie D. Baer, as sole mortgagor and real owner under Judgment No. 2014-461 Civil in the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net ORRSTOWN BANK Vs. STEPHANIE D. BAER WRIT OF EXECUTION NO 14-461 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $126,142.04 L.L.: $.50 Interest POST JUDGMENT INTEREST AT STATUTORY RATE - $1,596.65 Atty's Comm: Atty Paid: $186.21 Plaintiff Paid: Date: 6/4/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota Deputy REQUESTING PARTY: Name: MARKIAN R. SLOBODIAN, ESQUIRE Address: LAW OFFICES OF MARKIAN R. SLOBODIAN 801 NORTH SECOND STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-232-5180 Supreme Court ID No. 41075 ORRSTOWN BANK, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014-461 STEPHANIE D. BAER, : MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE OF NOTICE OF SHERIFF'S SALE I hereby certify that on June 30, 2014, my office served a copy of the attached Notice of Sheriff's Sale for the above -referenced case via U.S. first class mail, postage paid, on the following individuals: Orrstown Bank 77 East King Street, PO Box 250 Shippensburg, PA 17257 Stephanie D. Baer 121 W. Wissahickon Avenue Flourtown, PA 19301 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Shippensburg Borough Tax Office 111 N. Fayette Street Shippensburg, PA 17257 Shippensburg Area School District 317 N. Morris Street Shippensburg, PA 17257 Dated: 6 [ o (1 1 Respectfully submitted, THE LAW OFFICES OF MARKIAN R. SLOBODIAN MARKIAN R. SLOBODIAN, ESQ. 801 North Second Street Harrisburg, PA 17102 717-232-5180 ORRSTOWN BANK, v. STEPHANIE D. BAER, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Defendant. : NO. 2014-461 : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 DESCRIPTION AND LOCATION OF REAL PROPERTY TO BE SOLD: Property Description. 337 East Garfield Street, Shippensburg, PA 17257 (Exhibit "A" attached) TAKE NOTICE that the Orrstown Bank has issued an Execution against the real property of Stephanie D. Baer. This Execution shall be issued pursuant to the Judgment of the Court of Common Pleas of Cumberland County entered against Stephanie D. Baer by the Orrstown Bank on March 19, 2014, in the amount of $126,142.04, plus post -judgment interest and costs. Unless the debt, interest, and costs are paid in full prior to the date of sale, said parcel of real estate will be sold at a public sale by the Sheriff of Cumberland County at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, on September 3, 2014 at 10:00 a.m. The property to be sold is described in detail in a legal description attached hereto, which sets forth the boundaries of the property to be sold. (SEE All ACHED DESCRIPTION) All parties in interest and claimants will take notice that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. ADDITIONAL NOTICE TO STEPHANIE D. BAER: THIS NOTICE IS GIVEN PURSUANT TO RULE 3129.1 OF THE PENNSYLVANIA RULE OF CIVIL PROCEDURE. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THE ORRSTOWN BANK HAS ENTERED A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THE RIGHTS YOU MAY HAVE. IF YOU WISH TO EXERCISE YOUR RIGHTS, YOU SHOULD DO SO IMMEDIA 1UELY. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR YOUR RIGHTS REGARDING THE SALE OF YOUR PROPERTY, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS IN THIS PROCEEDING: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grosslyinadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. These rights must be asserted by filing a petition or petitions raising the legal issues or rights mentioned above with the Court of Common Pleas of Cumberland County located in Carlisle, Pennsylvania. If you have any questions concerning these rights 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 above. A copy of the Writ of Execution for your property is attached hereto. Dated: (, (3 1 cc: Respectfully submitted, LAW OFFICES OF MARKIAN R. SLOBODIAN MARKIAN R. SLOBODIAN, ESQ. ID #41075 801 North Second Street Harrisburg, PA 17102 717/ 232-5180 Attorneys for Plaintiff Orrstown Bank 77 East King Street, PO Box 250 Shippensburg, PA 17257 Stephanie D. Baer 121 W. Wissahickon Avenue Flourtown, PA 19301 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Shippensburg Borough Tax Office 111 N. Fayette Street Shippensburg, PA 17257 Shippensburg Area School District 317 N. Morris Street Shippensburg, PA 17257 EXHIBIT "A" ALL the following described real estate with the improvements thereon erected, lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: ON the South by East Garfield Street; on the West by lot now or formerly of Albert Avinger; on the North by a public alley; and on the East by lot now or formerly of Lester Finkey; containing 56 feet, more or less, in front along East Garfield Street and extending in depth 173 feet, more or less, to the public alley in the rear, on which alley it fronts 54 feet, more or less; the same comprising Lot 12 and the western 12 feet of Lot 11 on the plan of building lots prepared by U.G. Harglerode. BEING the same premises which David W. Ketner and Mona S. Ketner, by Deed dated November 13, 2006 and recorded November 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 3478, granted and conveyed unto Stephanie D. Baer. SEIZED AND TAKEN in execution by the Sheriff of Cumberland County to be sold as the property of Stephanie D. Baer, as sole mortgagor and real owner under Judgment No. 2014-461 Civil in the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. ORRSTOWN BANK, V. STEPHANIE D. BAER, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Defendant : NO. 2014-461 : MORTGAGE FORECLOSURE NOTICE OF DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for September 3, 2014 at 10:00 a.m. in the above captioned matter has been continued until December 3, 2014 at 10:00 a.m... Dated: 3, of 1 Respectfully submitted, LAW OFFICES OF MARKIAN R. SLOBODIAN -"k MARKIAN R. SLOBODIAN, ESQ. ID #41075 801 North Second Street Harrisburg, PA 17102 717/232-5180 Attorneys for Plaintiff 7172326528 :IN THE COURT OF( :CUMBERLAND C : NO. 2014-461 : MORTGAGE FOS 16 002/002 I./ • r• 1 MAAS PE1iS' ,; 1, .7 , I' OF' DATE OF CONTINUED SHEREWSSLE. '' ieduled for September 3, 2014 at 1 G'0}a. ,tL.i r• continued until December 3, 2014tat jll0 00'a.m. Respectfully submitte , LAW OFFICES OF MARKIYAN1 NIARKIAN R. SLO ID #41075 801 North Second StIIe4t Harrisburg, PA 1710 717/232-5180 Attorneys for Plaintiff ID ORRSTOWN BANK, v. STEPHANIE D. BAER, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Defendant : NO. 2014-461 : MORTGAGE FORECLOSURE NOTICE OF DATE OF CONTINUED SHERIFF'S SALE r". The Sheriff's Sale scheduled for December 3, 2014 at 10:00 a.m. in the above` captioned matter has been continued until January 7, 2015 at 10:00 a.m. g1,‘A Dated: I — Respectfully submitted, LAW OFFICES OF MARKIAN R. SLOBODIAN MARKIAN R. SLOBODIAN, ESQ. ID #41075 801 North Second Street Harrisburg, PA 17102 717/232-5180 Attorneys for Plaintiff