HomeMy WebLinkAbout14-3455 Supreme Co_ -4 ennsylvania
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ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257, c `
Plaintiff NO. —1 'JS CIVIL TERM
V. CIVIL ACTION-LAW
ANTHONY M. TODARO, SR. MORTGAGE FORECLOSURE '
605 ROXBURY ROAD
NEWVILLE, PA 17241
Cry ;;7
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NOTICE
You have been sued in court. If you wish to defend against the claims set forth i the;
following pages, you must take action within twenty (20) days after this complaint andli otkj are,:
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested-by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
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ORRSTOWN BANK. IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257,
Plaintiff NO. CIVIL TERM
V. CIVIL ACTION-LAW
ANTHONY M. TODARO, SR. MORTGAGE FORECLOSURE
605 ROXBURY ROAD
NEWVILLE, PA 17241
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown"), by and through its attorneys,
BARIC SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the
following:
1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a
place of business located at 77 East King Street, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. The Defendant, Anthony M. Todaro, Sr., is an adult individual whose last known
residence address is 1609 Walnut Bottom Road,Newville, Cumberland County, Pennsylvania
17241.
3. By Deed dated November 22, 2006, Dawn M. Shughart, conveyed the premises
known as 605 Roxbury Road, Newville, Cumberland County, Pennsylvania, described in Exhibit
"A" attached hereto and made a part hereof to Anthony M. Todaro, Sr.
4. On or about August 19, 2011, Anthony M. Todaro, Sr, executed a Note over to
Orrstown Bank ("Note"). A true and correct copy of the Note is attached hereto as Exhibit "B"
and is incorporated by reference.
5. The Note provided for the recovery of attorney fees by Plaintiff.
6. The Note provided for the recovery of costs incurred by Plaintiff to collect the
debt owed.
7. On'or about August 19, 2011, Anthony M. Todaro, Sr., as Mortgagor, made,
executed and delivered a written Mortgage to Plaintiff as Mortgagee on the premises described
on Exhibit"A." This Mortgage was recorded in the Cumberland County Office of the Recorder
of Deeds on August 25, 2011 at Cumberland County Instrument Number 201123693, et seq. all
of which pages are incorporated herein by reference and made a part hereof.
8. A true and correct copy of the aforesaid recorded Mortgage is attached hereto and
made a part hereof as Exhibit"C."
9. Defendant has defaulted under the terms and conditions of the Mortgage by
failing to make payments since August, 2013 and every month thereafter.
10. Defendant is the present record owner of the premises described in Exhibit"A"
and the real owner of the premises.
11. Plaintiff served Notice of Plaintiff's Intention to Foreclose on the real estate of
Defendant and provided Defendant with Notice of Defendants Rights Under Act 91 of 1983
(Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing
on or about September 3, 2013.
12. Attached hereto and marked as Exhibit"D" are true and correct copies of the
combined Act 6 and Act 91 Notice provided to Defendant.
13. Attached hereto and marked Exhibit"E" are true and correct copies of the
certified mail receipts and the certificates of mailing for the combined Notice served upon
Defendant.
}
14. Under the terms of the Mortgage, if any payment of principal and interest is not
made when due or any other obligations of the Mortgage are not met, then the entire
indebtedness owing on the Mortgage obligation shall become due and payable immediately at
the declaration of Mortgagee.
15. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
16. The following amounts are presently due on the said Mortgage calculated to
June 2, 2014:
Principal $285,807.97
Interest to 06/02/14 $ 13,496.53
(per diem of$37.06)
Late Charges $ 1,478.90
Other Charges $ 1,614.14
Reasonable Attorney fees $ 14,290.00
fixed by Plaintiff for
purposes of this Complaint
(5% of principal debt)
TOTAL: $316,687.54
17. Attached hereto and marked as Exhibit"F" is a true and correct copy of an
Affidavit Of Non-Military Service.
WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of
$316,687.54 plus interest thereafter at the contract per diem from June 2, 2014, additional late
fees coming due, actual attorney fees, costs and expenses against Defendant, Anthony M.
Todaro, Sr., Mortgagor and real owner and seeks foreclosure and Sheriff's Sale of the mortgaged
property in Exhibit"A."
Respectfully submitted,
BARIC SCHERER LL
r
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff, Orrstown Bank
VERIFICATION
The statements in the foregoing Complaint are based upon information that has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information that I have given.
to my counsel, they are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904
relating to un worn falsifications to autho ities.
DATE:
Linda K. Mowen
Assistant Vice President
Borrower's Assistance Department
Orrstown Bank
i
SalzmGn��
r.'Ecr'�.l !'. ZiEuI.ER
RECORDATION REQUESTED BY:. %GC3 E R (1 F D[ :'"
James D.Hughes,Esquire -' ;'111
354 Alexander Spring Road,Suite I
Carlisle,PA 17015 2006 NOV 30 HM 8 32
(717)249-6333
WHEN RECORDED MAIL TO:
James D.Hughes,Esquire
354 Alexander Spring Road,Suite 1
Carlisle,PA 17015
(717)249-6333
TAX PARCEL NO.44-06-0037-004
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
T"DEED,
MADE THE Z2' y of November in the year two thousand six(2006),
BETWEEN DAWN K SHUGHART,single adult individual,of the Commonwealth of
Pennsylvania,hereinafter called Grantor,
AND ANTHONY M.TODARO,SR.,married man,ofthe Commonwealth of
Pennsylvania,hereinafter called Grantee,
WITNESSETH,that in consideration of the sum of Three Hundred Fifteen Thousand
and 00/100 ($315,000.00) Dollars, the receipt whereof is hereby acknowledged, the said
Grantor does hereby grant and convey unto the said Grantee,his heirs and assigns,
ALL THAT CERTAIN tract or parcel of land situate in Upper MhMin Township,
Cumberland County,Commonwealth of Pennsylvania,bounded and described as follows,to
wit:
BEGINNING at a point in the center of the public road(known as the Enola Road);
thence along lands now or formerly of Carl Clevenger North 19 degrees 30 minutes East a
distance of 76 feet to a post;thence by the same North 35 degrees 30 minutes West a distance
of 533.50 feet to a post;thence along lands now or formerly of Raymond Russell.Notth 42
degrees East a distance of 339.50 feet to a point in the center of the Whiskey Run Public t
Road; thence by the center of the above public road South 53 degrees East a distance of
458.90 feet to a point;thence along land now or formerly of Mrs.Edward Clevenger South 37
degrees West a distance of 287AO feet to a post;thence by the same South 45 degrees 15
minutes East a distance of 136.50 feet to a point in the center of the Enola Public Road;
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EXHIBIT "A"
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thence by the center of the above Public Road South 2 degrees 45 minutes West a distance of
128 feet to a point;thence along lands now or formerly of Mrs.Edward Clevenger South 56
degrees 45 minutes Fast a distance of 327.50 feet to a post;thence the same South 47 West a
distance of 236.50 feet to a post;thence by the same North 36 degrees West a distance of 263
feet to a point in the center of the Enola Road;thence by the center of the above public road
South 25 degrees 30 minutes West a distance of 200 feet to a point;thence by the same South
35 degrees 30 minutes West a distance of 459.8 feet to the place of BEGINNING.
CONTAINING 7.95 acres, more or less, according to a survey of T. Elliott
Middleton,registered surveyor,dated March 26,1953.
BEING the same premises conveyed by Dawn M.Shughart and William F.Shughart,
by Deed dated May 9,2006,and recorded May 11,2006,in the Office of the Recorder of
Deeds in and for Cumberland County in Record Book 274,Page 2425,to'Dawn M.Shughart,
Grantor herein.
UNDER AND SUBJECT to any existing covenants, easements, encroachments,
conditions,restrictions,and agreements affecting the property,visible or of record.
AND the said Grantor hereby covenants and agrees that she will warrant specially the
property hereby conveyed.
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IN WITNESS WHEREOF,said Grantor have hereunto set her had and seal the day
and year first above written.
Signed,Sealed and Delivered
in the enc e of
,G� ox &z�
DAWN M.SHUGHART
COMMONWEALTH OF PENNSYLVANIA )
ss.
COUNTY OF CUMBERLAND )
On this, the q-Z- day of November, 2006, before me, the undersigned officer,
personally appeared DAWN M.SHUGHART,!mown to me(or satisfactorily proven)to be
the person whose name is subscribed to the within instrument, and acknowledged that she
executed some for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
Notary Public '
0
Mar M.Gbo16 N-ONY Pobltk�u�y
MY MW 8,2009
M**W,fir.A000ruo„of Noarm
t Certify this to be recorded
In Cumberland County PSA
�'' ^^corder of Deeds
Ido hereby certify that the precise regi ce as complete post office address of the
within named Grantee is: o lv n� Zy/
Date: A&tftL41 42, Dt
Attor rantee
SALZMANN HUGHES,P.C.
354 Ale:ander Spring Road,Suite 1
Carlisle,PA 17015
FOR 2" PAK3799
LOAN#000004771 Certified
VA CASE#10-10.6.0621589
NOTE True Copy
NOTICE: THIS LOAN IS NOT ASSUMABLE 'WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR
ITS AUTHORIZED AGENT.
August 19th,2011 CARLISLE
it)aicl PENNSYLVANIA
IClryi (Slate)
605 ROXBURY ROAD NEWVIL.LE.PA 17241
[Properly Addressi
L BORROWER'S PROMISE TO PAY
In return for a loan that i have received,1 promise to pay U.S.S 293,888.00 (this amount is called
"Principal"),plus interest,to the order of the Lender.The Lender is ORRSTOWN BANK,BANK
1 will make ail payments under this Note in the form of cash,check or money order.
i understand[hat The Lender may transfer this Note.The Lender or anyone who lakes this Note by transfer and who
is entitled to receive payments under this Note is called(he"Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid.1 will pay interest al a
yearly rale of 4.750 %.
The interest rale required by [his Section 2 is the rale.I will pay both before and after any default described in
Section 6(B)of[his Note.
3. PAYMENTS
(A)Time and Place of Payments
i will pay principal and interest by making payments every month.
i will make my monthly payments on the 1st day of each month beginning on October 1st
2011 . I will make these payments every month until I have paid all of the principal and interest and any other
charges described below that I may owe under this Note. Each monthly payment as of its scheduled due date will be
applied to interest before Principal.]f,on September 1st,2041 1 ,I still owe amounts
under this Note,i will pay those amounts in full on that date,which is called the"Maturity Date."
1 will make my monthly payments at 2695 PHILADELPHIA AVENUE,CHAMBERSBURG.PA 17201
(B)Amount of Monthly Payments or at a different place if required by the Note Holder.
My monthly payment will be in the amount of U.S.S 1,533.06
4. BORROWER'S RIGHT TO PREPAY
Privilege is reserved to prepay at any time without premium or fee,the entire Indebtedness or any par(thereof not
less than the amount of one installment or one hundred dollars(S100.00),whichever is less.Prepayment in full shall be
credited on(lie date received. Partial prepayment,other than on an installment due dale,need not be credited until tale
next following installment due dale or thirty days after such prepayment,whichever is earlier.
5. LOAN CHARGES
If a law,which applies to this loan and which sets maximum loan charges,is finally Interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then: (a)any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and(b)any sums
already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make
(Itis refund by reducing the Principal 1 owe under this Note or by making a direct payment to me.If a refund reduces
Principal,the reduction will be treated as a partial prepayment
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Late Charge for Overdue Payments
if[he Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the dale i[is due,1 will pay a late charge to the Note Holder.The amount of the charge will be 4.000 %
of my overdue payment. I will pay this late charge promptly but only once on each late payment.
(B)Default
If 1 do not pay the full amount of each monthly payment on the dale it is due.I will he in default.
(C)Notice of Default
If I am in default, [lie Note Holder may send me a written notice telling me[fiat if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
paid and all the interest that I owe on that amount.That date must be at least 30 days after[he dale an which the notice is
delivered or mailed to me.
(D)No Waiver By Note Holder
Even if,at a time when i am in default,the Note Holder does not require me to pay immediately in full as described
above,the Note Holder will still have the right to do so if I am in default at a later time.
(E)Payment of Note Holder's Costs and Expenses
if the Note Holder fins required me to pay immediately in fail as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law.Those expenses include,for example,reasonable attorneys'fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under [his Notts will be
given by delivering it or by mailing it by firs(class mail In me at the Properly Address above or a(a different address if I
give the Note Holder a notice of my different address. }
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac Untrorm Instrument-modified for VA Form 3200 1101 t
GCC•N3201.01 (0006) Page l M 1 tnn,ah: x?
u EXHIBIT "B°
Any notice that must he given to the Note Holder tinder this Note will be given by mailing It by first class snail to
the Note Holder of the address slated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises
matte in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surely or
endorser of this Note is also obligated to do these things. Any person who lakes over these obligations, including the
obligations of a guarantor, surely or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together.This means that any one of us may be required to pay all of the amounts owed under(his Note.
9. WAIVERS
I and any other person who has obligations under [his Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor" means the right to require(he Note Holder to give notice to other persons that amounts due have not been
paid.
10. ALLONGE TO THIS NOTE
If an allonge providing for payment adjustments or for any other supplemental information is executed by the
Borrower together with this Note, the covenants of the allonge shall be incorporated info and shall amend and
supplement the covenants of this Note as if the allonge were a part of this Note.(Check applicable box)
❑Graduated Payment Allonge [D Other Ispecifyl ❑Other Ispecify]
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations In some jurisdictions. In addition to the protections given
to the Note Holder tinder this Note,a Mortgage.Deed of Trust,or Security Deed(the"Security Instrument'),dated the
same dale as this Note, protects(he Note Holder from possible losses which might result if I do not keep(he promises
which 1 make its this Note.Thai Security Instrument describes how and under what conditions I may be required to maks:
immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as Follows:
Transfer of the Property. If all or any part of the Property or any interest in it is sold or
transferred,this loan may be declared immediately due and payable upon transfer("assumption")of the
property sectoring such loan to any transferee("assumer"),unless the acceptability of the assumption
and transfer of this loan is established by the Department of Veterans Affairs or its authorized agent
pursuant to Section 3714 of Chapter 37,Title 38.United States code.
Regulations (38 C.P.R. Part 36) Issued under the Department of Veterans Affairs ("V.A.")
Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall
govern the rights, duties and liabilities of the parties to this loan and any provisions of the Security
Instrument and (his Note which are inconsistent with such regulations are hereby amended and
supplemented to conform thereto.
WITNESS THE HAND(S)AND SEALS)OF THE UNDERSIGNED.
PAY TO THE ORDER OF /�
f-tt•L�-_ l/l-i.��.� eft.. (seal)
ANTHONY M TODARO SR -Borrower
WITHOUT RECOURSE
ORRSTOWN BANK
(Seal)
Borrower
(Seal)
R. ALAN PAT-TON -Borrower
VICE PRESIDENT
(Seal)
Borrower
(,Sign Original Onlvf
MULTISTATE FIXED RATE NOTE•Single Family-Fannie Mae/Freddie Mac Uniform Instrument-modified for VA Farm 3200 i/01
GCC-1,13201.02(0008) Page 2 N 2 '
d 303
IiIIIIII�III
I III Il
III
00swso
Record and Return to:
ORRSTOWN BANK
2695 PHILADELPHIA AVENUE
CHAMBERSBURG,PA 172D1
(Space Above This Line For Recording Dalai
PARCEL TAX ID#:44.06.0037.004
VA CASE#10-10.6.0621589 Loan No.000004771
MORTGAGE
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT.
DEFINITIONS
Words used In multiple sections of this document are defined below and other words are defined in Sections 3,
]l, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument' means this document,which is dated August 19th
2011 ,together with all Riders to this document.
(B) "Borrower"Is ANTHONY M TODARO SR
Borrower is the mortgagor under this Security Instrument.
(C) "Lender"Is ORRSTOWN BANK
Lender is a BANK organized and existing under the
laws of THE COMMONWEALTH OF PENNSYLVANIA Lender's address is
2695 PHILADELPHIA AVENUE,CHAMBERSBURG,PA 17201
Lender is the mortgagee under this Security Instrument.
PENNSYLVANIA „�RI9rod3.t+oNrM,ar,�dmsl+,
UNIFORM INsrRUMEN7 F-3 1 039 1101•Mndined ra VA
Gv3039.Oi (0012) (Pagel of/7)
Initials.
i
4
EXHIBIT °C"
(D) "Note"means the promissory note signed by Borrower and dated August 19th
2011 . The Note slates(hat Burrower owes Lender
TWO HUNDRED NINETY THREE THOUSAND EIGHT HUNDRED EIGHTY EIGHT AND N0/100
Dollars (U.S. S 293,888.00 ) plus interest. Borrower has promised to pay (his debt in regular
Periodic Payments and to pay the debt in full not later than September 1 st,2041
(E) "Property" means the property that is described below.under the heading "Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Note, plus Interest,any prepayment charges and late charges
due under the Note,and all sums due under this Security Instrument,plus interest.
(G) "Riders" means all Riders to this Security Instrument (hat are executed by Borrower. The following
Riders are to be executed by Borrower(check box as applicable):
Q Adjustable Rale Rider Q Condominium Rider (_] Second Home Rider
Q Balloon Rider Q Biweekly Payment Rider Q 1-4 Family Rider
xeVA Rider Q Planned Unit Development Rider
Other(s)(specify)
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(t) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association,homeowners association or
similar organization.
(J) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order. Instruct, or authorize a financial institution to debit or credit an
account. Such term Includes,but is not limited to,point-of-sale transfers,automated teller machine transactions,
transfers initiated by telephone,wire transfers,and automated clearinghouse transfers.
(K) "Escrow Items"means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation,settlement,award of damages,or proceeds paid by
any third party(other than insurance proceeds paid under lite coverages described in Section S)for:(I)damage to,
or destruction of, the Property; (ii) condemnation or other laking of all or any part of the Properly; (iii)
conveyance in lieu of condemnation; or(iv)misrepresentations of, or omissions as to,the value and/or condition
of the Properly.
(M) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of,or default on,the
Loan.
(M "Periodic Payment" means the regularly scheduled amount due for(i) principal and interest under the
Note,plus Oil any amounts under Section 3 of this Security Instrument.
PENNSYLVANIA smglt Fend; Fumie Al�[R'mdd,rlL[UNIFOP\I 1M151HUMF.NT Farm 70791101•Ftoddid far\'A A
G0039-02 (0012) r/'agr2,,1171 initials 7^1V��
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R.Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this Security
Instrument,"RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related
mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whelher or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note;and (ii) the performance of Borrower's covenants and agreements under this Security
instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
following described property located in the COUNTY
of (Type of Recording Jurisdiction]
CUMBERLAND
[Name of Recording Jurisdiction]
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
which currently has the address of 605 ROXBURY ROAD
/Street)
NEWVILLE Pennsylvania 17241 ("Property Address'):
1001 14P code] -
TOGETHER WITH all the improvements now or hereafter erected on the properly, and all easements,
appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of The foregoing is referred to In this Security Instrument as the
"Property."
PENNSYLVANIA s,.&F„mly /,"n Maartddm.%1.,UNIFOFM IN51 aU11LN I FQ-3U791101
03039-03 (0012) (P;q,-?x117) Initials'
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and demands.
subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. 'Payments due under the Note and this Security Instrument shall be made in U.S.currency.
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the
Note and (his Security Instrument be made in one or more of the following forms,as selected by Lender: (a)
cash; (b) money order; (c)certified check,bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality, or entity;or
(d)Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated In the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payment are insufficient to bring the Loan
current.Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver
of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but
Lender is not obligated to apply such payments at the lime such payments are accepted• if each Periodic Payment
Is applied as of its scheduled due date, then Lender need not pay Interest on unapplied funds. Lender may hold
such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within
a reasonable period of(line, Lender shall either apply such funds or return (hem to Borrower. If not applied
earlier• such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve
Borrower front making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,all payments
accepted and applied by Lender shall he applied in the following order of priority: (a)interest due under the
Note;(b)principal due under the Note;(c)amounts due under Section 3. Such payments shall be applied to each
Periodic Payment in (he order in which it became due. Any remaining amounts shall be applied first to late
charges,second to any other amounts due under()its Security Instrument,and then to reduce the principal balance
of the Note.
PENNSYLVAMA smArr,.„d) b.—SWIF ddrtltueNuuRMINSTRUMPitr-1.3039 1101 AKE
G3039.04 (00U) 1I'nYc•J u!171 Innrets:
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If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late
charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if,and to the extent that, each payment can be paid in full.
To the extent that any excess exists after the payment Is applied to the full payment of one or more Periodic
Payments,such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described!it the Note.
Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due dale,or change the amount,of the Periodic Payments.
3. Funds for Escrow items. Borrower shall pay to Lender on the day Periodic Payments are due under
die Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes
and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property: (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all
insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or any sums payable
by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items are called"Escrow Items." At origination or at any lime during the term of the Loan,
Lender may require that Community Association Dues, Fees, and Assessments, If any, be escrowed by
Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow
Items unless Lender waives Borrower's obligation to pay The Funds for any or all Escrow Items. Lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any lime. Any such waiver
may only be in writing. In the event of such waiver,Borrower shall pay directly,.when and where payable,the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shag for all purposes be deemed to be a
covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement"is used in
Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay
the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the
waiver as to any or all Escrow items at any lime by a notice given in accordance with Section 15 and,upon such
revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this
Section 3.
Lender may,at any lime,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the
Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under
RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law. t
The Funds shall be held In an institution whose deposits are insured by a federal agency,Instrumentality,or
entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow hems no later than the time specified under RESPA.
Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits
Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires Interest to be
PENNSYLVANIA St-gle F-4 Fift-%1201 ddu SL,UNnnRS11N51RUMF.Nt F-1039 1101 ^
• G3039.05 (0012)
iAvc f or/7l Indlals: CY
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paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower
and Lender can agree In writing, however, (hat interest shall be paid on the Funds. Lender shall give to
Burrower,without charge,an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Burrower
for the excess funds In accordance with RESPA. if there is a shortage of Funds held in escrow,as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESPA,but in no more than 32 monthly payments.If there
is a deficiency of Funds held in escrow,as defined under RESPA, Lender shall nolify Borrower as required by
RESPA, and Burrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by(his Security Instrument, Lender shall promptly refund In
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all (axes, assessments, charges, lines, and Impositions
attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground
rents on the Property, if any,and Community Association Dues, Fees,and Assessments, if any. To the extent
(hat these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Inswment unless
Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)
secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Properly is subject to a lien which can atlain priority over
this Security Instrument,Lender may give Borrower a notice identifying the lien. Within 10 days of the dale on
which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above In this
Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during Ute term of the Loan. The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove
Borrower's choice, which right shall not he exercised unreasonably. Lender may require Borrower to pay,In
connection with this Loan, either: (a) a one-time charge for floodzone determination, certification and tracking
services:or(b)a one-time charge for flood zone determination and certification services and subsequent charges
each time remappings or similar changes occur which reasonably might affecl such determination or certification.
Borrower shall also be responsible for[lie payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any Rood zone determination resulting front an objection by Borrower.
PENNSYLVANIA Slgk Fimll. Nnn,r Alr.F.edGe Nu IMIFORMINSTaIAIFM Fam7039 1101
G3039.06 (0012) !1'agt6WlA lnitmlF. A�1
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1
If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligalionto purchase any particular type or
amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower.
Borrower's equity in the Properly,or the contents of the Property,against any risk,hazard or liability and might
provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the
insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable,with such Interest,upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or
as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender
requires,Borrower shag promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower
obtains any form of insurance coverage,not otherwise required by Lender,for damage to,or destruction of, the
Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds,whether or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Properly, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such Insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
Unless an agreement is made In writing or Applicable Law requires interest to be paid on such insurance
proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public
adjusters,or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be
the sole obligation of Borrower. If the restoration or repair Is not economically feasible or Lender's security
would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due,with the excess,if any.paid to Borrower. Such insurance proceeds shall be applied in
the order provided for in Section 2.
If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim,then Lender may negotiate and settle(he claim. The 30-day period will begin
when the notice is given. lit either event, or if Lender acquires the Property under Section 22 or otherwise.
Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the
amounts unpaid under the Note or this Security instrument,and(b)any other of Borrower's rights(other than the
right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property.
insofar as such rights are applicable to the coverage of the Properly. Lender may use the insurance proceeds
either to repair or'restore the Property or to pay amounts unpaid under the Note or [his Security Instrument. ,
whether or not then due.
PENNSYLVANIA smglcramna I•annrc5tat6nd6cMa<UMFbR\IINS1RUSikN1 Fmm3039 um A t
G3039-07 (0012) (Aige7n117) Init,als
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6. Occupancy. Borrower shall occupy, establish, and use the Properly as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Properly
as Borrower's principal residence for at least one year after(he date of occupancy,unless Lender otherwise agrees
in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are
beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Properly, allow (he Property to deteriorate or commit waste on the Properly.
Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the
Property from deteriorating or decreasing in value due (o its condition. Unless it IS determined pursuant to
Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair(he Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid In
connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the
repairs and restoration in a single payment or In a series of progress payments as the work is completed. If the
insurance or condemnation proceeds are not sufficient to repair or restore the Properly,Borrower is not relieved
or Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If II has
reasonable cause, Lender may inspect the interior of the Improvements on the Property. Lender shall give
Borrower notice at the time of or prior In such an Interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be In default if,during(he Loan application process,
Borrower or any persons or entitles acting at(he direction of Borrower or with Borrower's knowledge or consent
gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender
with material information) in connection with the Loan. Material representations include,but are not limited to,
representations concerning Borrower's occupancy of the Properly as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a)
Borrower fails to perform the covenants and agreements contained in(his Security Instrument,(b)titere is a legal
proceeding that might significantly affect Lender's Interest in the Properly and/or rights under this Security
Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien
which may a((ain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect
Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing
the value of the Property,and securing and/or repairing the Properly. Lender's actions can include, but are not
limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b)appearing
in coot(; and (c) paying reasonable attorneys' fees to protect its interest in the Properly and/or rights under this
Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Properly includes,
but is not limited to,entering the Properly to make repairs,change locks.replace or board up doors and windows,
drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities
turned on or off. Although Lender may take action under Ws Section 9.Lender does not have to do so and is not
under any duly or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions
authorized under(his Section 9.
PEWNSYLVANA SmXjr Fandh Ilewr\fanrnddm N,r UNIFUp\I INSr NUMknt F-1019 1101
(;3039.08 (0012) tPageXa07) Initials-
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by(his Security Instrument. These amounts shall bear interest at the Note rate from the dale of disbursement and
shall be payable,with such Interest,upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee We shall not merge unless Lender agrees
to the merger in writing.
10, Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain(he Mortgage Insurance in effect. If, for any reason,(he
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to
the Mortgage Insurance previously in effect, at a cost substan0ally, equivalent to the cast to Borrower of the
Mortgage Insurance previously in effect,from an alternate mortgage insurer selected by Lender. If substantially
equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of
the separately designated payments that were due when the insurance coverage ceased to be In effect. Lender will
accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss
reserve shall be non-refundable,notwithstanding the fact(hat the Loan is ultimately paid in fill,and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided
by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated
payments toward(he premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required(o maintain Mortgage Insurance in effect,or(0
provide a non-refundable loss reserve,until the Lender's requirement for Mortgage Insurance ends in accordance
with any written agreement between Borrower and Lender providing for such termination or until termination is
required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rale
provided in the Note.
Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may
incur If Borrower does not repay the Loan as agreed.Borrower is not a parry to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions (hat are satisfactory to the mortgage insurer and Ute other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payment using any source of funds that
the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums).
PENNSYLVANIA S;.jg,pi,nlh n+mro 5l+c/He4Erz Mu UN11t1NSI 1NSI RUSItN1 Fmm7039 II01
G3039-09 (0012) d'agr/nf771 Initials:
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As a result of these agreements,Lender,any purchaser of the Note, another insurer,any reinsurer,any
other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from
(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing
or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides That an affiliate of
Lender lakes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the
arrangement is often termed"captive reinsurance." Further:
(a)Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance,and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has -if any- with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Properly is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided That such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or repair is
not economically feasible or Lender's security would be lessened,life Miscellaneous Proceeds shall be applied to
the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.
Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
[n the event of a total taking, destruction, or loss in value of the Property,the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,
paid to Borrower.
In the event of a partial laking, destruction, or toss in value of the Property in which the fair market
value of the Property Immediately before the partial laking, destruction,or loss in value is less than the amount of
the sums secured immediately before the partial taking, destruction,or loss in value,unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
PENNSYLVANIA 4nplcP+mOY FannitlUcFrtATcDLcUNifOR�lIN57Rll�lf.N7 F-3039 V01 Initials Ays P
03039.10 (0012)
rpagi 1l1n1171
If the Property is abandoned by Borrower,or if, after notice by Lender to Borrower that (lie Opposing
Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to
respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Properly or to the sums secured by this Security
Instrument,whether or not then due. "Opposing Parry"means the third party that owes Borrower Miscellaneous
Proceeds or(he party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment,could result in forfeiture of The Property or other material impairment of Lender's Interest in
the Properly or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has
occurred,reinstate as provided in Section 19.by causing the action or proceeding to be dismissed with a ruling
that,in Lender's judgment,precludes forfeiture of the Properly or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are no(applied to restoration or repair of the Property shall be applied in
the order provided for In Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by (his Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor
in Interest of Borrower or to refuse to extend lime for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in
Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limilation,
Lender's acceptance of payments from third persons,entities or Successors In interest of Borrower or in amounts
less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers;Successors and Assigns Bound. Borrower covenants and
agrees[hat Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs
this Security Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this Security Instrument
only to mortgage, grant and convey the co-signer's interest in the Property under the (erms of this Security
Instrument;(b)is not personally obligated to pay the sums secured by(his Security Instrument;and(c)agrees that
Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to
the terms of this Security Instrument or the Note without the co-signer's consent.
PENNSYLVANIA F-1939 1101 Ate.
G3039.11 (0012) lP:,rr 11 nr I?l Imuels.
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Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender,shall obtain all of Borrower's
rights and benefits under this Security Instrument.Borrower shall not be released from Borrower's obligations and
liability under [his Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and
assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default,for the purpose of protecting Lender's interest in the Properly and rights under this Security
Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any
other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall
not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or
by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note).
Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any
right of action Borrower might have arising out of such overcharge.
15. Notices. All Notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent
by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requiresotherwise. The notice address shall be the Properly Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of
address. If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only
report a change of address through that specified procedure. There may be only one designated notice address
under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by
mailing it by firs(class mail to Lender's address stated herein unless Lender has designated another address by
notice la Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been
given to Lender until actually received by Lender. If any notice required by this Security Instrument is also
required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under
this Security Instrument.
PENNSYLVANIA
G3039.12 (0003) (purr 1:m'171 Inniels �. 1
16. Governing Law;Severability;Rules of Construction. This Security Instrument shall he governed by
federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained
in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law
rnighl explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not
be construed as a prohibition against agreement by contract. In the event that any provision or clause of this
Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of
this Security Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: '(a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the
plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to lake any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Seclinn 18.
"Interest in the Property"means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed,installment sales contract or escrow
agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or If Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred)witbout Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the dale the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior
to The expiration of[his period,Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of[his Security Inswment discontinued at any time prior to the earliest
of: (a)five days before sale of the Propertypursuant to any power of sale contained in this Security Instrument;
(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)
entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all
sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred;(b)
cures any default of any other covenants nr agreements; (c) pays all expenses incurred in enforcing this Security
Instrument,including, but not limited to, reasonable attorneys' fees,property inspection and valuation fees,and
other fees incurred for the purpose of protecting Lender's interest in the Properly and rights under this Security
Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest In the
Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this
Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums
and expenses In one or more of The following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
Institution whose deposits are insured by a federal agency, instrumentality or entity: or (d) Electronic Funds
PENNSYLVANIA Sioxichmeh f,mewrn,tddir Ma,UNIkURM INSTRUMENT F..3079 1101 � �
G3039.13 (0012)
tP�ga•f3 uYl A innleis:
r
Transfer. Upon reinstatement by Borrower,[his Security Instrument and obligations secured hereby shall remain
fully effective as if no acceleration had occurred. However,this right io reinstate shall no[apply In the case of
acceleration under Section 18.
20. Sale of Note;Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in the
Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A
sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due
under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change which will state the name and address of the new Loan Servicer,the address to
which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other[ban the
purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or
be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided
by the Note purchaser.
Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other parry has breached any provision of,or any duty owed by reason of,this
Security Instrument, until such Borrower or Lender has notified the other party (with such notice given In
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for
purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
Section 22 and[he notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the
notice and opportunity to lake corrective action provisions of this Section 20.
21. Hazardous Substances. As used In ibis Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b)
"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to
health, safety or environmental protection: (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a
condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances,or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do,nor
allow anyone else to do, anything affecting the Properly (a)that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release or a Hazardous
Substance,creates a condition that adversely affects the value of the Property. The preceding two sentences shall
not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,
but not limited to,hazardous substances in consumer products).
PENNSYLVANIA mnttrr'amily FannmMaro§cdMekla[UNIFUR\IINSTRU.NIINI rormlV70 vol
G3039.14 (0012) ('apr 14 v/17) Initrats: A t
Borrower shall promptly give Lender written notice of(a)any investigation, claim,demand,lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous
Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely
affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority,
or any private parry, (hat any removal or other remediation of any Hazardous Substance affecting(he Properly is
necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration
under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other
things: (a)the default;(b)the action required to cure the default;(c)when the default must be cured;and
(d) that failure to cure the default as specified may result in acceleration of the sums secured by this
Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further
.inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.
If the default is not cured as specified, Lender at its option may require immediate payment in fall of all
sums secured by this Security Instrument without further demand and may foreclose this Security
instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Section 22,including, but not limited to,attorneys'fees and costs of title evidence
to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and
satisfy this Security Instrument.Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if(he fee is paid to a third parry for services rendered and the
charging of the fee is permilled under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law,waives and releases any error or
defects in proceedings to enforce this Security Instrument,and hereby waives(he benefit of any present or future .
laws providing for stay of execution,extension of time,exemption from attachment,levy and sale,and homestead
exemplion.
25. Reinstatement Period. Borrower's lime to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to Ibis Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Ins(rumem is lent to
Borrower to acquire title to the Properly,this Security instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable alter a judgment is
entered on the Note or in an action of mortgage foreclosure shalt be the rale payable from time to lime under the
Note.
PENNSYLVANIA 9n&Fan,& Fannlr 5l.rtTrtddrc lf,UNIFURN IN51 KNIt.Nf Farm 7979 Itei
63039-15 (0012) initials AV217-
BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in (Itis
Security Instrument and in any Rider executed by Borrower and recorded with It.
SR. • !Beau
ANTHONY M TODARO SR -Borrower
(S00
-Borrower
pkau
-Borrower
!S.•a!)
-Borrower
Witnesses:
7
George F, Douglas. III Witness
.Prepared By:
MIMI RAWLINGS
ORRSTOWN BANK
2695 PHILADELPHIA AVENUE
CHAMBERSBURG,PA 17201
PENNSYLVANIA timRk Famih Fin Mar,Frrddir Mm UNIFURMINST OWNT F-3039 1101
03039-16 (0405) rPa_.0 Iry of 171
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF Cumberland } SS
On this, the 19th day of August 2011 before me, the
undersigned officer,personally appeared
ANTHONY M TODARO SR
known to me(or satisfactorily proven) to be the person(s)whose name(s) subscribed to the within
instrument and acknowledged that executed thZricial
a for the purposes herein contained.
IN WITNESS WHEREOF,1 hereunto set my hand an seal.
:.OMMONWEALTH OF PENNSYLVANIA
Notarial seal
Karnela 5.Comman,Notary Public
South Middleton Twp„Cumberland County
My Commission Expires June 2a,2014
r4embea PenOSV AmdabAssodaGon or Notaries
CERTIFICATE OF RESIDENCE
1, George F. Douglas, III do hereby certify that the correct
address of the within-named lender is
2695 PHILADELPHIA AVENUE,CHAMBERSBURG,PA 17201
Witness my hand this 1 9th day of August 2011
Ager Lender
PENNSYLVANIA Single Famd, Fn mr MadF,rddlrlfaa UNIFnRVINS7R11.U1vN1 Fmm003% 1101
G3039.17 (0012) (Puce 17n117). lnibiels: /'+r_1
b
i
Exhibit A
ALL THAT CERTAIN tract or parcel of land situate in Upper Mifflin
Township,Cumberland County,Commonwealth of Pennsylvania,bounded and described
as follows,to wit:
BEGINNING at a point in the center of the public road (known as the Enola
Road); thence along lands now or formerly of Carl Clevenger North 19 degrees 30
minutes East a distance of 76 feet to a post; thence by the same North 35 degrees 30
minutes West a distance of 533.50 feet to a post; thence along lands now or formerly of
Raymond Russell North 42 degrees East a distance of 339.50 feet to a point in the center
of the Whiskey Run Public Road;thence by the center of the above public road South 53
degrees East a distance of 458.90 feet to a point; thence along land now or formerly of
Mrs.Edward Clevenger South 37 degrees West a distance of 287.40 feet to a post;thence
by the same South 45 degrees 15 minutes East a distance of 136.50 feet to a point in the
center of the Enola Public Road;thence by the center of the above Public Road South 2
degrees 45 minutes West a distance of 128 feet to a point; thence along lands now or
formerly of Mrs. Edward Clevenger South 56 degrees 45 minutes East a distance of
327.50 feet to a post;thence the same South 47 West a distance of 236.50 feet to a post;
thence by the same North 36 degrees West a distance of 263 feet to a point in the center
of the Enola Road; thence by the center of the above public road South 25 degrees 30
minutes West a distance of 200 feet to a point;thence by the same South 35 degrees 30
minutes West a distance of 459.8 feet to the place of BEGINNING.
AtNrr
I .
V.A. GUARANTEED LOAN AND ASSUMPTION POLICY
RIDER
LOAN#000004771 VA CASE#10.10-6.0621589
NOTICE: THIS LOAN IS NOT ASSUMABLE
WITHOUT THE APPROVAL OF THE DEPARTMENT
OF VETERANS AFFAIRS OR ITS AUTHORIZED
AGENT.
THIS V.A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this
19th day of August , 2011 ,and is
incorporated into and shall be deemed to amend and supplement the Mortgage,Deed
of Trust or Deed to Secure Debt (herein"Security Instrument") dated of even date herewith,
given by the undersigned(herein"Borrower")to secure Borrower's Note to
ORRSTOWN BANK,BANK
(herein"Lender")and covering the Property described in the Security Instrument and located at:
605 ROXBURY ROAD NEWVILLE,PA 17241
lProprrty Addressl
V.A.GUARANTEED LOAN COVENANT:In addition to the covenants and agreements
made in the Security Instrumeni,Borrower and Lender further covenant and agree as follows:
If the indebtedness secured hereby be guaranteed or insured under Title 38,United States
Code,such Title and Regulations issued thereunder and in effect on the date hereof shall govern
life rights, duties and liabilities of Borrower and Lender. Any provisions of the Security
Instrument or other instruments executed in connection with said indebtedness which are
inconsistent with said Title or Regulations, Including, but not limited to, the provision for
payment of any sum in connection with prepayment of the secured indebtedness and the
provision that the Lender may accelerate payment of the secured indebtedness pursuant to
Covenant 22 of[he Security Instrument,are hereby amended or negated to the extent necessary
to conform such instruments to said Tide or Regulations.
GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its
guaranty in full amount within 60 days from the date that this loan would normally become
eligible for such guaranty committed upon by the Department of Veterans Affairs under the
provisions of Title 38 of tate U.S. Code"Veterans Benefits," the Mortgagee may declare the
indebtedness hereby secured at once due and payable and may foreclose immediately or may
exercise any other rights hereunder or lake any other proper action as by law provided.
TRANSFER OF THE PROPERTY:If all or any part of The Property or any interest in it
is sold or transferred, [his loan may be declared Immediately due and payable upon transfer
("assumption") of the property securing such loan to any transferee ("assumer"), unless the
acceptability of the assumption and transfer of this loan is established by the Department of
Veterans Affairs or its audlorized agent pursuant to Section 3714 of Chapter 37, Title 38,
United States Code.
V.A.GUARANTEED LOAN AND ASSUMPTION POLICY RIDER- ?..
G-241-1(09100) P.9,1 of 2 In,tials:_ i'�
i
An authorized transfer ("assumption") of the property shall also be subject to additional
covenants and agreements as set forth below:
(a)ASSUMPTION FUNDING FEE:A fee equal to one half of one percent(.500/0)of the
unpaid principal balance of this loan as of the date of transfer of the property shall be payable at
(lie time of transfer to the mortgagee or its authorized agent, as trustee for the Department of
Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall
constitute an additional debt to that already secured by(his instrument,shall bear interest at the
rate herein provided,and,at the option of the mortgagee of the indebtedness hereby secured or
any iransferee thereof,shall be immediately due and payable.This fee is automatically waived if
the assumer is exempt under the provisions of 38 U.S.C.3729(b).
(b)ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow
assumption and transfer of this loan,a processing fee may be charged by the mortgagee or its
authorized agent for determining the creditworthiness of the assumer and subsequently revising
the holder's ownership records when an approved transfer is completed. The amount of this
charge shall not exceed the lesser of the maximum established by the Department of Veterans
Affairs for a loan to which Section 3714 of Chapter 37,Title 38,United Slates Code applies or
any maximum prescribed by applicable State law.
(c)ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the
assufrter hereby agrees to assume all of the obligations of the veteran under the terms of the
instruments creating and securing the loan,including the obligation of the veteran to indemnify
the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty
or insurance of the indebtedness created by this instrument.
IN WITNESS WHEREOF, Borrower(s) has executed this V.A. Guaranteed Loan and
Assumption Policy Rider.
c�
ANTHONY M TODAR SR -Borrower
.Borrower
-Borrower
-Borrower
GCC-241-2(12/03) Page 2 of 2
t
ROBERT P.ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY c _
1COURTHOUSESQUARE ?
CARLISLE,PA 17013 n
717-240-6370 1 �- n _ s•h 1,
Instrument Number-201123693
Recorded On 8/25/2011 At 1:44:18 PM *Total Pages-21
*Instrument Type-MORTGAGE
Invoice Number-92254 User m-MBL
*Mortgagor-TODARO,ANTHONY M SR
*Mortgagee-ORRSTOWN BANK
*Customer-PA REAL ESTATE
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES - $43.50
RECORDER OF DEEDS This page is now part
PARCEL CERTIFICATION $10.00 of this legal document.
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $94.00
I Certify this to be recorded
in Cumberland County PA
rAyofeu eP
n° RECORDER Of D EDS
nao
•-Information denoted by on asterisk may change during
the verification process and may not be reflected on this page.
003W'D
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ORRSTOwNBaN
A Tradition of Excellence
September 3,2013 9171 9690 0935 0009 7038 79
Anthony M.Todaro
605 Roxbury Road
Newville,PA 17241
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mort a e 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 panes.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM(HEMAP)may
be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when
you meet with the Counseling Agency.
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 toil free at 1-800 342 2397. (Persons with
impaired hearing can call(717)780-18691.
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be able
to help you find a lawyer.
i
EXHIBIT "D"
LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE
ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
EMERGENCYLLAMADO "HOMEOWNER'S MORTGAGE L COAL
PUEDE SALVAR SU CASA DE LAPERDIDA DELDERE HO A REDIMIR SU H P TECA.
HOMEOWNER'S NAME(S): Anthony M.Todaro
PROPERTY ADDRESS: 605 Roxbury Road, Newville, PA 17241
LOAN ACCT. NO.: 4771
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDER/SERVICER:ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FO FORECLOSURE AND HELPI YOU MAKE FUTUREAL ASSISTANCE IMORCH CAN SAVE YOUR ME FROM
TGAGE 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 133)-DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY
FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty(30)days after the date of this meeting. The names addresses and telephone numbers
of designated consumer credit counseling agencies for the county in which the property is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have
applications for the program and they will assist you in submitting a complete application to the
Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure
action, your application MUST be forwarded to PHFA and received within thirty (30) days of your
face-to-face meeting with the counseling agency.
YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF
THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING,
THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A
FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION
CALLED"TEMPORARILY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP 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(Bring it upto date).
NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property
located at: 605 Roxbury Road, Newville, PA 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: July 1st payment of $1,994.49, August 1st payment of
$1,994.49 and September 1 2013 payment of$1,994.49 totaling$5 983.47.
Other charges(explainlitemize): LATE CHARGES--$797.80
TOTAL AMOUNT PAST DUE: $6,781.27
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
$6,781.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by cash,cashiers check;
certified check or money order made payable and sent to:
ORRSTOWN BANK
ATTN: LINDA MOWEN
2695 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 pay attorney's fees.
'I
OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE— If you have not cured the default
within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right
to cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale. You may
do so by paying the total amount then past due plus any late or other charges then due reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriffs Sale as specified in writing by the lender and by 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 Sheriffs Sale will be sent to you before the
sale. Of course,the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Orrstown Bank
Address: 2695 Philadelphia Avenue
Chambersbur PA 17201
Phone Numb r: (717)709-3033 Fax Number: 717 264.3154
Contact Person: Linda Mowen
E-Mail Address: Imowen(&-orrs,own 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
Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE—You may or X may not sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements
of the mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE 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 15 U.S.C. 1692(g), 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 i
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
I
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CCCS of Western Pennsylvania, Inc. PHFA
2000 Linglestown Road 211 North Front Street
Harrisburg, PA 17102 Harrisburg, Pa. 17101
(888)511-2227 (717)780-3940 or 800-342-2397
Community Action Comm. of Capital Region 4PA
0 E.tH ghtStreemmunity Programs, Inc.
1514 Derry Street Gettysburg, PA 17325
Harrisburg, PA 17104 (717)334-1518
(717)232-9757
Marantha PathStone Corporation
43 Philadelphia Ave. 1250 Carlisle Road
Waynesboro, PA 17268 Aspers, PA 17304
(717)762-2285 (717)677-6150-
Base, Inc. Housing Alliance of YorkN
447 South Prince Street Housing Community
Lancaster, PA 17603 290 West Market Street
( York, Pa. 17401
717)392-5467
(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
UNITEDST13TES _..__...._. _......—.
Date:September 12, 2013
anthony todaro:
The following is'in response to your September 12, 2013 request for delivery information
on your Certified MailTM item number 9171969009350009703879. The delivery record
shows that this item was delivered on September 10, 2013 at 12:53 pm in NEWVILLE,
PA 17241.The scanned image of the recipient information is provided below.
Signature of Recipient: ti"° —TiA
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Address of Recipient
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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
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PS Fam 3817,AWd 2007 PSN 7530.02.0045055
FORM 1.
ORRSTOWN BANK G =
77 EAST KING STREET
IN THE COURT OF COMMON PLEAS OI��
SHIPPENSBURG,PA 17257 CUMBERLAND COUNTY, PEN.NSYLVAq.� :Z-
Plaintiff(s) err
VS.
ANTHONY M.TODARO, SR. ��SS
605 ROXBURY ROAD c:?
NEWVILLE,PA 17241
Defendant(s) Civilx' s
-A:
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you.own and'live in the residentiat property which is the subject of this foreclosure action,you may
be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your
lender.
If you do not have a lawyer,you must take the folI'0wine:steps to be eligible for a conciliation
conference. First,within twenty(20)days ofyour receipt of this notice,you must contact MidPenn.Legal
Services:at(717)243-9400.extension 2510 or(800).822-5288 extension 25.10 andl request.appointment of a
legal representative at no charge to you.Onceyou have been appointed az legal representative,yogi must
promptly meet with that legal representative within twenty( 0)_days of:the appointment date. During that
meeting,you must provide the legal representative with all requested financial.information so that a loan
resolution.proposal can.be prepared on your behalf. If you and your legal representative complete a financial
worksheet in the format attached hereto;the:legal representative will prepare and file a.Request for Conciliation
Conference with the Court,which trust be filed with the Court within sixty(60)days of the service upon you of
the foreclosure complaint. If you do.so.and a conciliation conference is.scheduied,you will have an
opportunity to meet with a representative of your lender in.an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer,you and your lawyer must take the.following steps to be
eligible for a conciliation.con ferenee. it is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However,you.must provide your lawyer withal]requested financial
information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete
a financial worksheet in the format attached hereto,your lawyer wild prepare and file a Request for Conciliation
Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of
the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an
opportunity to.meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Rei Ily sub ttt
Date [`Signature of Counsel for Plaintiff)
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOMER/PRIMARY
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address(if different):
City: State: Zip:
Phone Numbers:! Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes& Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
....................................... .................. ...................
If yes,provide names,location of court,
case number& attorney:
Assets Amount Owed: Value:
Home: $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1: Model: Year:
Amount owed: Value:
Automobile#2: Model: Year:
Amount owed: Value:
Other transportation(automobiles.boats,motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description(not wages):
I monthly amount:
2. monthly amount-.
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2'Mortgage Utilities
Car Payment(s) Condo/Neigb.Fees
Auto Insurance Med. not covered)
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Da /Child Care/Twit. Other.Ex peases
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes,please provide the following information:
Counseling Agency:
Counselor-,
Phone(Office): Fax:
2
.............—...................................... ...............................................................................
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP)assistance?
Yes ❑ No ❑
If yes,please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ❑ No❑
If yes,please indicate the status of those negotiations:
Please provide the following information,if know,regarding your lender or lender's loan
ser,ricing company:
Lender's Contact(Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
V Proof of income
Past Z bank statements
V Proof of any expected income for the last 45 days
Copy of a current utility bill
.Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement(if property is currently on the market)
3
.................................._........................_
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257,
Plaintiff NO. CIVIL TERN_
V. CIVIL ACTION-LAW
C r.
ANTHONY M. TODARO, SR. MORTGAGE FORECLOSURE
605 ROXBURY ROAD
NEWVILLE, PA 17241 `�� Kw.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
The undersigned attorney hereby verifies that he is the attorney for the Plaintiff in the
above-captioned matter, and that on information and belief he has knowledge of the following
facts, to wit:
1. The Defendant, Anthony M. Todaro, Sr., is not in the military or naval service of
the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors'
Civil Relief Act of Congress of 1940, as amended.
2. The Defendant, Anthony M. Todaro, Sr., is more than 21 years of age and has a
current address of 1609 Walnut Bottom Road,Newville, Cumberland County, Pennsylvania
17241.
This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification�to authorities.
Date: June 10, 2014
David A. Baric, Esquire
Baric Scherer LLC
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
SHERIFFS OFFICE OF CUMBERLAND ����K U���Y
COUNTY- -
. -��i.[.
Ronny RAnderson ll ( ,|' @ / • . '
Sheriff m
�w �� �*,
Jody S Smith L'
Chief Deputy
���.�BERL;��� �
[� N IY
R�hardVVStexvmrt �
Solicitor m+«�or��wm��r PENN SYLVA |A
Orrstown Bank
Case Number
vs. 2014-3455
Anthony YN. Todaro, Sr.
SHERIFF'S RETURN OF SERVICE
06/13/2014 08:14 PM-Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice
of Residential Mortgage Foreclosure Diversion Program and Complaint in MortgageFovec|omunaby
handing a true copy to a person representing themselves to be Lori Todaro, Wife,who accepted as
"Adult Person in Charge"for Anthony M.Todaro, Sr. at 1609 Walnut Bottom Road, Penn Township,
Newville, PA 17241.
RIST)Pci ARPE, DEP TY
SHERIFF COST: $41.56 SO ANSWERS,
v^' `
June 16, 2014 RUNNYRANDERSON, SHERIFF
ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF
77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA
SHIPPENSBURG, PA 17257,
Plaintiff NO. 2014-3455 CIVIL TERM
e,,,
V. CIVIL ACTION -LAW - a
ANTHONY M. TODARO, SR. MORTGAGE FORECLOSURE r-
605 ROXBURY ROAD "' I-
NEWVILLE, PA 17241 r-� uz
=
- C)
PRAECIPE TO DISCONTINUE n r
c,
r--)
TO THE PROTHONOTARY:
Kindly mark the above -captioned action as discontinued without prejudice.
Date: July 15, 2014
Respectfully submitted,
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on July 15, 2014, I, David A. Baric, Esquire of Baric Scherer LLC,
did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the
party listed below, as follows:
Anthony M. Todaro, Sr.
1609 Walnut Bottom Road
Newville, Pennsylvania 17241
David A. Baric, Esquire