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HomeMy WebLinkAbout14-3813 Supreme Co nnsylvania COU> o Imo leas For Prothonotary Use Only: TIS? Y Docket No: U 1qA Cud a County 3W3 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint O Writ of Summons E3Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Orrstown Bank Patricia J. McCann T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? El Yes © No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? ®Yes 0 No Is this an MDJAppeal? (3 Yes IM No A Name of Plaintiff/Appellant's Attorney: Scott A. Dietterick, Esquire © Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that j you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection:Other ® Board of Elections ®Nuisance 0 Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S © Product Liability(does not include ® Employment Dispute: E mass tort) i Slander/Libel/Defamation Discrimination ® C ® Other: ® Employment Dispute:Other ® Zoning Board ® Other: T, I ® Other: O MASS TORT © Asbestos N ® Tobacco ❑J Toxic Tort-DES 13 Toxic Tort-Implant j 13 Toxic Waste REAL PROPERTY MISCELLANEOUS Other: 0 Ejectment ® Common Law/Statutory Arbitration 13 ® Eminent Domain/Condemnation ® Declaratory Judgment B ' 0 Ground Rent © Mandamus } ® Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition ®Replevin © Legal ® Quiet Title ®Other: 13 Medical 13 Other: ® Other Professional: Updated 1/1/2011 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY,PENNSYLVANIA PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, �'> KENNETH DEAN MCCANN, Deceased and THE UNITED STATES == OF AMERICA . DEFENDANTS : CIVIL ACTION-LAW4 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty(20) days after this complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUTHIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Id 3. 7 o S �r351 ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF . PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased and THE UNITED STATES , OF AMERICA, DEFENDANTS : CIVIL ACTION-LAW AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos. importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Scott A.Dietterick,Esquire Supreme Court I.D.#55650 Kathryn L.Mason,Esquire Supreme Court I.D.#306779 JSDC Law Offices PO Box 650 Hershey,PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased and THE UNITED STATES OF AMERICA, DEFENDANTS : CIVIL ACTION- LAW z, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Orrstown Bank,by its attorneys, JSDC Law Offices and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Orrstown Bank, which has its principal place of business at 2695 Philadelphia Avenue, Chambersburg,Pennsylvania 17201. 2. The Defendant Kenneth Dean McCann, died on May 1, 2009 ("Defendant Kenneth"). Defendant Patricia J. McCann, a/k/a Patricia Jean McCann, ("Defendant Patricia), his widow, is an individual whose last known address is 14 Fox Lane,Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant, The United States of America is a Defendant in accordance with the terms of 28 U.S.C. §2410, as amended November 2, 1966, P.L. 89-719. A Federal Tax lien has been filed-in the Prothonotary's Office of Cumberland County, Pennsylvania by the United States of America against the Defendant, Patricia J. McCann to docket#2013-5593, in the amount of$21,353.51. 4. On or about December 5, 2011, Defendant Patricia executed a Credit Agreement and Disclosure ("Agreement") in favor of Plaintiff in the original principal amount of $30,000.00. A true and correct copy�of said Agreement is marked Exhibit"A", attached hereto and made a part hereof. 5. On or about December 5, 2011, as security for payment of the aforesaid . Agreement, Defendant Patricia made, executed and delivered to Plaintiff a Mortgage in the original principal amount of$30,000.00 on a parcel of land known and numbered as 14 Fox Lane,Newville, Cumberland County, Pennsylvania 17241. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on December 14, 2011, to.Instrument #201134857. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 6. Defendants are the record owners of the aforesaid mortgaged premises. Upon the death of Defendant Kenneth all right, title and interest in the mortgaged premises transferred to his wife, Defendant Patricia,by operation of law. 7. Defendant is in default under the terms of the aforesaid Mortgage and Agreement for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about April 22, 2014, Defendant was mailed a Notice of Intention to Foreclosure Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et. seq. A true and correct copy of said letter is marked Exhibit"C", attached hereto and made a part hereof. i 9. On or about May 8, 2014, a Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 was mailed in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983. A true and correct copy of said letter is marked Exhibit"D", attached hereto and made a part hereof. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 29,366.79 Late Fees $ 144.76 Unpaid Loan Fees $ 55.00 Attorney's Fees $ 1,650.00 Title Costs $ 250.00 TOTAL $ 31,466.55 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$31,466.55 plus additional late charges, andAF scrow advances), additional attorneys' fees and costs and for forgaged premises. JSDC LA Dated: BY: Scott A. c Esq re PA I.D. # 55650 Kathryn. L. Mason, Esquire PA I.D. #306779 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CREDIT AGREEMENT AND DISCLOSURE References in the boxes above are for our use only and do not limit the applicability of this document to an Any item above Containin ***^ pp tY Y Particular loan or item. g" has been omitted due to text length(imitations. Borrower: Patricia J.McCann 14 Fox Ln Lender: ORRSTOWN BANK Newviffe,PA 17241 006 STONEHEDGE OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG,PA 17257 CREDIT LiMIT: $30,000.00 DATE OF AGREEMENT: December 6, 2011 Introduction. This Credit Agreement and Disclosure ("Agreement')governs your line of credit(the "Credit Line" or the "Credit Line Account") issued through ORRSTOWN BANK. In this Agreement,the words"Borrower," "you," "your,"and"Applicant"mean each and every person who signs this Agreement, including all Borrowers named above. The words "we," "usr" "our," and "Lender" mean ORRSTOWN BANK. You agree to the following terms and conditions: Promise to Pay. You promise to pay ORRSTOWN BANK, or order, the total of all credit advances and FINANCE CHARGES, together with all costs and expenses for which you are responsible under this Agreement or under the "Mortgage" which secures your Credit Line. You wili pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower,each is jointly and severally liable on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including Credit advances made to any Borrower. Each Borrower authorizes any other Borrower,on his or her signature alone,to cancel the Credit Line,to request and receive credit advances,and to do all other things necessary to carry out the terms of this Agreement. We can release any Borrower from responsibility under this Agreement,and the others will remain responsible. Term. The term of your Credit Line will begin as of the date-of this Agreement ("Opening Date") and will continue until termination of your Credit Line Account. All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon termination. The draw period of your Credit Line will begin on a date, after the Opening Date,when the Agreement is accepted by us in the Commonwealth of Pennsylvania, following the expiration of the right to cancel, the perfection of the Mortgage, the receipt of all required certificates of noncanceilation,and the meeting of all of our other conditions and will continue as follows: indefinitely. You may obtain credit.advances during this period("Draw Period"). Minimum Payment. Your"Regular Payment" will be based on a percentage of your outstanding balance plus all accrued FINANCE CHARGES as shown below or$25.00,whichever is greater. Your payments will be due monthly. Range of Balances Regular Payment Calculation All Balances 0.556% of your outstanding balance plus all accrued FINANCE CHARGES Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment. You agree to pay not less than the Minimum Payment on or before the due date indicated on your periodic billing statement. How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to Finance Charges; then to unpaid principal; then to any voluntary credit life and disability insurance premiums; then to late charges and other charges;and then to any amounts that exceed your Credit Limit. Receipt of Payments. All payments must be made in U.S.dollars and must be received by us consistent with any payment instructions provided on or with your periodic billing statement. If a payment is made consistent with our payment instructions but received after 5:00 PM Eastern Standard Time on a business day,we will apply your payment to your Credit Line on the next business day. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Thirty Thousand & 00/100 Dollars ($30,000.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances subject to the section below on Lender's Rights. You may borrow against the Credit Line,repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit,even if we have not yet billed you. Any credit advances in excess of your Credit Limit will not be secured by the Mortgage covering your principal dwelling. Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated.to pay under this Agreement, the Mortgage or any other document related to your Credit Line. In addition,we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph titled"Insurance" below or as described in the Mortgage for this transaction. We may also,at our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These costs or expenses include, without limitation, payments to cure defaults under any existing.lies on your principal dwelling. If you do not pay your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so Charged to your Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit advances referred to in this paragraph. Credit Advances. After the Effective Disbursement Date of this Agreement,you may obtain credit advances under your Credit Line as follows: Credit Line Checks. Writing a preprinted"Credit Line Check"that we will supply to you. Telephone Request. Requesting a credit advance from your Credit Line to be applied to your designated account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, you acknowledge and you agree that we do not accept responsibility for the authenticity of telephone instructions and that we will not be liable for any loss,expense,or cost arising out of any telephone request,including any fraudulent or unauthorized telephone request,when acting upon such instructions believed to be genuine. Overdrafts. Writing a check on your designated checking account with us in excess of the available collected balance in the account. Requests in Person. Requesting a credit advance in person at any of our authorized locations. PLAINTIFFS EXHIBIT W J a y J J a CREDIT AGREEMENT AND DISCLOSURE Loan No: 240510 (Continued) — Page 2 Internet Banking. Accessing your account through Internet Banking. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one Borrower telling us not to give advances to the other. Limitations an the Use of Checks. We reserve the right not to honor Credit Line Checks in the following circumstances: Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Credit Line Check. Post-dated Checks. Your Credit Line Check is post-dated. If a post-dated Credit Line Check is paid and as a result any other check is returned or not paid,we are not responsible. Stolen Checks. Your Credit Line Checks have been reported lost or stolen. Unauthorized Signatures. Your Credit Line Check Is not signed by an"Authorized Signer"as defined below. Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the Credit Line Check. Transaction Violation. Your Credit Line Check is less than the minimum amount required by this Agreement or you are in violation of any other transaction requirement or would be if we paid the Credit Line Check. If we pay any Credit Line Check under these conditions,you must repay us,subject to applicable laws,for the amount of the Credit Line Check, The Credit Line Check itself will be evidence of your debt to us together with this Agreement. Our liability, if any,for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not to return Credit Line Checks along with your periodic billing statements; however, your use of each Credit Line Check will be reflected on your periodic statement as a credit advance. We do not"certify"Credit Line Checks drawn on your Credit Line. Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line: Credit Line Credit Line Check Limitations. The following transaction limitations will apply to your Credit Line and the writing of Credit Line Checks. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00. This means any Credit Line Check must be written for at least the minimum advance amount. Telephone Request Limitations. The following transaction limitations will apply to your Credit Line and requesting an advance by telephone. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00. Overdraft Limitations. The following transaction limitations will apply to your Credit Line and writing a check in excess of your checking account balance. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 20. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $50.00. Other Transaction Requirements. If the credit line balance is less than $50.00, and the overdraft is less than $50.00,the amount of the overdraft will be taken. In Person Request Limitations. The following transaction limitations will apply to your Credit Line and requesting an advance in person. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is $100.00. Internet Banking Limitations. The following transaction limitations will apply to your Credit Line and accessing by other methods. Maximum Number of Advances Per Period. The maximum number of advances that you may obtain per month Is 10. Minimum Advance Amount. The minimum amount of any credit advance that can be made on your Credit Line is 5100.00. Limitation on All Access Devices. You may not use any access device, whether described above or added in the future, for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. Notwithstanding the foregoing,we may collect on any debt arising out of any illegal or unlawful transaction. Authorized Signers. The words "Authorized Signer" on Credit Line Checks as used in this Agreement mean and include each person who (a) signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card for the Credit Line Account, Lost Credit Line Checks. If you lose your Credit Line Checks or if someone is using them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (717) 709-3000. You also can notify us at Orrstown Bank 2695 Philadelphia Avenue,Chambersburg,PA 17201. Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions of this Agreement will govern any transactions made pursuant to any of these new services. Collateral. You acknowledge this Agreement is secured by the following collateral described in the security instrument listed herein:a Mortgage dated December 5, 2011,to us on real property located in Cumberland County,Commonwealth of Pennsylvania. Property Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended,to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to us,or do any one or more of these things. Further information concerning these property insurance requirements is set forth in the Mortgage. Right of Setoff. To the extent permitted by applicable law,we reserve a right of setoff in all your accounts with us(whether checking,savings, CREDIT AGREEMENT AND DISCLOSURE " Loan No: 24051 d (Continued) Page 3 or some other account), including without limitation, all accounts you may open in the future. However,this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us,to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts, and, at our option, to administratively freeze all such accounts to allow us to protect our charge and setoff rights provided in this paragraph. Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your "Previous Balance," and your"New Balance." Your statement also will identify the Minimum Payment you must make for that billing period and the date it is due. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date credit advances are posted to your Credit Line. There is no"free ride period"which would allow you to avoid a FINANCE CHARGE on your Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit advances made under your Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any Payments or credits and any unpaid FINANCE CHARGES. This gives us a daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate"to the balance described herein. Then we multiply by the number of days in the billing cycle. This is your FINANCE CHARGE calculated by applying a Periodic Rate. You also agree to pay FINANCE CHARGES,not calculated by applying a Periodic Rate,as set forth below: Additional Finance Charges. The following additional FINANCE CHARGES will be charged to your Credit Line or paid in cash: Loan Underwriting Fee: In Cash $250.00 Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. Initially, we will apply the discounted rates shown herein. Thereafter, we start with an independent index which is the Wall Street Prime (the "Index"). We will use the most recent Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes unavailable during the term of this Credit Line Account,we may designate a substitute index after notice to you. To determine the Periodic Rate that will apply to your account, we add a margin to the value of the Index,round that sum up to the nearest 0.125%, then divide the rounded value by the number of days in a year(daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effdct quarterly. In no event will the Periodic Rate result in a corresponding ANNUAL PERCENTAGE RATE that is more than 18.000%, nor will the Periodic Rate or corresponding ANNUAL PERCENTAGE RATE exceed the maximum rate allowed by applicable law. Today the Index is 3.250% per annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below: Rates During the Discount Period Term of Discount ANNUAL PERCENTAGE Daily Periodic Range of Balances Discounted Rate RATE Rate First 6 Months All Balances 2.990% 2.990% 0.00819% The term of the discount period is 6 Months. The interest rate of 2.99% will be calculated and in effect for six months from the original date of the Credit Agreement and Disclosure. Current Non-discounted Rates for the First Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE Daily Periodic or Conditions to Index RATE Rate All Balances 0.750% 4.000% 0.01096% Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds, except as may be permitted during any Right of Rescission period. Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth below: Returned Items. You may be charged $35.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored for any reason, unless applicable law requires a lower charge or prohibits any charge. Fee to Stop Payment. Your Credit Line Account may be charged $36.00 when you request a stop payment on your account. Fee for Excess Number of Transactions. Your Credit Line Account may be charged $35.00 if you exceed the maximum number of transactions allowed per period. Overlimit Charge. Your Credit Line Account may be charged $35.00 if you cause your Credit Line Account to go over your Credit Limit. This includes writing a Credit Line Check in excess of your available balance. Charge for Advance Less than Minimum. Your Credit Line Account may be charged $35.00 If you request a credit advance for less than the minimum advance amount disclosed above, whether we decide to honor it or whether we refuse to honor it, unless applicable law requires a lower charge or prohibits any charge. CREDIT AGREEMENT AND DISCLOSURE Loan No: 240510 (Continued) Page 4 Miscellaneous Photocopying. If you request a copy of any document,we may charge your Credit Line Account$2.00 Per copy for the time it takes us to locate,copy, and mail the document to you. If your request is related to a billing error (see "Your Billing Rights" notice)and an error is found,we will reverse any photocopying charges. Late Charge. Your payment will be late if it Is not received by us within 16 days after the "Payment Due Date" shown on your periodic statement. If your payment is late we may charge you 10.000%of the payment or$20.00,whichever is greater. Credit Line Check Printing Charge. Your Credit Line Account may be charged $10.00 Per order. Other Charges. Your Credit Line Account may he charged the following other charges: Early Termination Fee. The amount of this other charge is: $250.00 if loan is closed within 24 months of loan date. Lender's Rights. Under this Agreement,we have the following rights: Termination and Acceleration. We can terminate your Credit Line Account and require you to pay us the entire outstanding balance in one payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (31 Your action or inaction adversely affects the collateral for the plan or our rights in the collateral. This can include,for example,failure to maintain required insurance, waste or destructive use of the dwelling,failure to pay taxes, death of all persons liable on the account,transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your Credit Limit during any period in which any of the following are in effect: (1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This includes, for example, a decline such that the initial difference between the Credit Limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances. (2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances. (3) You are in default under any material obligations of this Credit Line.Account. We consider all of your obligations to be material. Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the property, obligations to notify us and to provide documents or information to us (such as updated financial information),obligations to compiy with applicable laws(such as zoning restrictions), and obligations of any comaker. (4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement. (5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is less than one hundred twenty percent(120%)of the Credit Limit. (6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice. Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes relating to our data processing systems). If the Index is no longer available, we will choose a new Index and margin. The new Index will have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original index becomes unavailable. We may prohibit additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under your Credit Line Account is reached. Collection Costs. We may hire or pay someone else to help collect this Agreement if you do not pay. You will pay us that amount. This includes, subject to any limits under applicable law, our reasonable attorneys' fees and our legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,you also will pay any court costs,in addition to all other sums provided by law. Access Devices. If your Credit Line is suspended or terminated,you must immediately return to us all Credit Line Checks and any other access devices. Any use of Credit Line.Checks or other access devices following suspension or termination may be considered fraudulent. You will also remain liable for any further use of Credit Line Checks or other Credit Line access devices not returned to us. Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other right. if we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid. Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us In writing at the address shown on your periodic billing statement or other designated address and return all Credit Line Checks and any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty,except we will be entitled to receive all accrued FINANCE CHARGES, and other charges,if any. Payments in excess of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send us payments marked "paid in full","without recourse",or similar language. If you send such a payment,we may accept it without losing any of our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes"payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Orrstown Bank, North Pointe Operations Center,2695 Philadelphia Avenue Chambersburg, PA 17201. Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us written notice of a different address. You agree to advise us promptly if you change your mailing address. Credit Information and Related Matters. You authorize us to release information about you to third parties as described in our privacy policy and our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. You agree that, upon our CREDIT AGREEMENT AND DISCLOSURE • Loan No: 240510 (Continued) Page 5 request,you will provide us with a current financial statement, a new credit application,or both, on forms provided by us. You also agree we may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change In your financial condition. We may require a new appraisal of the Property which secures your Credit Line at any time,including an internal inspection,at our sole option and expense. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account and our rights and obligations under this Agreement to another lender,entity,or person,and to assign our rights under the Mortgage. Your rights under this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other obligation under this Agreement. Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for guidance on this subject. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us If we report any inaccurate information about Your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(les) should be sent to us at the following address:Orrstown Bank North Pointe Operations Center 2695 Philadelphia Avenue Chambersburg,PA 17201. Jury Waiver. We and you hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either us or you against the other. Governing Law. This Agreement will be governed by federal law applicable to us and, to the extent not preempted by federal law.the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by us in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, you agree upon our request to submit to the jurisdiction of the courts of CUMBERLAND County, Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. You agree that this Agreement,together with the Mortgage, is the best evidence of your agreements with us. If we go to court for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what you owe us or that a transaction has taken place. The copy, microfilm,microfiche, or optical image will have the same validity as the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best evidence of your obligation to pay. Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement,you acknowledge that you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement,including the Fair Credit Billing Notice and the early home equity line of credit application disclosure,in addition to the handbook entitled "What you should know about Home Equity Lines of Credit,"given with the application. This Agreement is dated December 5, 2011. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORRO cia J.McCann Effective Disbursement Date: )24 i 1 CREDIT AGREEMENT AND DISCLOSURE Loan No: 240510 (Continued) Page 6 BILLING ERROR RIGHTS YOUR BILLING ROGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify us in case of errors or questions about your bill. If you think your bill is wrong,or if you need more information about a transaction on your bill,write us on a separate sheet at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty(60)days after we sent you the first bill on which the error or problem appeared. You can telephone us,but doing so will not preserve your rights. In your letter,give us the following in Formation: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your bill automatically from.your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment,your fetter must reach us three(3)business days before the automatic payment Is scheduled to occur. Your rights and our responsibilities after we receive your written notice. We must acknowledge your letter within thirty(30)days,unless we have corrected the error by then. Within ninety(90) days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter,we cannot try to collect any amount you question,or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount, If we didn't make a mistake,you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case,we will send you a statement of the amount you owe and the date on which It is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10)days telling us that you still refuse to pay,we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules,we can't collect the first $50 of the questioned amount,even if your bill was correct. LAM FM L.d V.Va 557.10.001 Cop-N d fn¢+aal9o5V'wy eK.1-97.7011. m RAPh Rexved. -PA clMLW076 k TR.19W5 PA-257 Parcel Identification 002HYB Number. 43.05-0415-006A RECORDATION REQUESTED BY: ORRSTOWN BANK 006 STONEHEDGE OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG,PA 17257 WHEN RECORDED MAIL TO: ORRSTOWN BANK 006 STONEHEDGE OFFICE 77 EAST KING STREET P 0 BOX 250 SHIPPENSBURG,PA 17257 FOR RECORDER'S USE ONLY OPEN - END MORTGAGE AND SECURITY AGREEMENT (This instrument is an open-end mortgage and secures future advances pursuant to 42 Pa. C.S. §§ 8143 and 8144, Act No. 126 of 1990) Amount Secured Hereby: $30,000.00 THIS MORTGAGE dated December 5, 2011, is made and executed between Patricia J. McCann, whose address is 14 Fox Ln, Newville, PA 17241 (referred to below as "Grantor") and ORRSTOWN BANK, whose address is 77 EAST KING STREET, P O BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration. Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: Book 36H, Page 1071, Date of Deed 06/02/1993, Deed Date Recorded 06/02/1993, Cumberland County, Frankford Township The Real Property or its address is commonly known as 14 Fox Ln, Newville, PA 17241. The Real Property parcel identification number Is 43-05-0415-006A. REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness including,without limitation,a revolving line of credit, which obligates Lender to make advances to Grantor unless Grantor fails to comply with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time,subject to the limitation that the total outstanding balance owing at any one time, not Including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts CoEJ expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to tmre from zero up to the Credit Limit as provided in theCredit Agreement and any intermediate balance,plus interest.Grantor presently assigns to Lender all of Grantor's right,title,and interest in and to all present and future leases of theProperty and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code securityinterest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS.AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, .,.• „v,., ,c,.uyc,�y,anu wr any auun auuvuy.l'nan ua uunuuctV0 in compliance witn W applicable federal,vstate, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter.upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify,defend, and hold harmless Lender against any and all claims, losses, liabilities,damages,penalties,and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove,or grant to any other party the right to remove, any timber,minerals (including oil and gas),coal,clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage, Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option,declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer,without Lender's prior written consent,of all or any part of the Real Property,or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable;whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three(3)years,lease-option contract,or by sale, assignment,or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due(and in all events prior to delinquency) all taxes,payroll taxes,special taxes, assessments, water charges and sewer service charges levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 0 5) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 0 5) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee MORTGAGE (Continued) Page 3 clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten(10)days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance Policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the maximum amount of Grantor's credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. It Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage,then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. if Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances,and other claims, IB) to provide any required insurance on the Property,or (C) to make repairs to the Property then Lender may do so. It any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy;or (2) the remaining term of the Credit Agreement;or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage,and (b) Grantor has the full right,power,and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,ordinances,and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Mortgage: Current Taxes. Fees and Charaes. I lnnn ranuoct h., I PnAor r--t— tiou this event shall have the some effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT, FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor Idebtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code)are as stated on the first page of this Mortgage. FURTHER ASSURANCES:ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver,or will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as.Lender may deem appropriate, any and all such mortgages, deeds of trust,security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete, perfect, continue, or preserve (1) Grantor's obligations under the Credit Agreement, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make,execute, deliver, file,record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due,terminates the credit line account, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law,any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Grantor will be in default under this Mortgage if any of the following happen: (A) Grantor commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to maintain required insurance,waste or destructive use of the dwelling,failure to pay taxes,death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission,foreclosure by the holder of another lien,or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option,may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law,to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. MORTGAGE (Continued) Page 5 Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell alt or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. It Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shallbe entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit, including reasonable attorneys'fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shalt be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at.seq.,shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons,specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. ADVANCE MONEY MORTGAGE. (A) This Mortgage secures future advances made pursuant to the Credit Agreement or Related Documents. Without limiting the foregoing,this Mortgage secures all advances made by Lender or Banks of any kind or nature described in 42 Pa. C.S.A. § 8144. (B) If Grantor sends a written notice to Lender which purports to limit the indebtedness secured by this Mortgage and to release the obligation of Lender to make any additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances made: (1) to enable completion of the improvements on the Real Property for which the loan secured hereby was originally made; (2) to pay taxes, assessments, maintenance charges and insurance premiums; (3) for costs incurred for the protection of the Property or the lien of this Mortgage; (4) on account of expenses incurred by Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Credit Agreement; and (5) on account of any other costs incurred by Lender to protect and preserve the Property or the lien of this Mortgage. It is the intention of the parties hereto that any such advance made by Lender after any such notice by Grantor shall be secured by the lien of this Mortgage on the Property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage.' Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its ennflir to of law Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced,that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable, Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor,and upon Grantor's heirs, personal representatives,successors,and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used In this Mortgage: Borrower. The word "Borrower" means Patricia J. McCann and includes all co-signers and co-makers signing the Credit Agreement and all their successors and assigns. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated December 5, 2011, with credit limit of $30,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Credit Agreement is . NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901,et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Patricia J.McCann. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used,treated,stored,disposed of,generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also Includes,without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property, Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security Interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns"mean any person or company that acquires any interest in the Credit Agreement. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word"Property"means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property,interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Al tbase -two (2)Cecrela ontograved treats of land situate In Vnew haaktorA towship.Agbao t a3 SvtbdivLlanyl[iss",pore TceT"900OA!slt.wtaaod vow one 4amtrlbed pate Notebo Wrervde Ciwetwe,Meso JaawrY L6. 1968$ae teevrdSd In(Vsbaslaad Cpu"tY Tim took 53.'PW 145,.16 fops"' . S1tACT SLClI.UNG st so icon pia sac in tba center of a privets case or the eve at,eormer o[Load wv or totmarly o!Jmmas 1.Sbov:teer: —an tbrov8h the Canter of acid Prtera lane. 8ostb 26 deBreN 15 al"atee 80 cecaa4a Ust 185.00 feat to an iron pin act in the tenter of sold Ione at tht morthtut tomes of Lot No. 1 u shorn oe minutes23 17 ondsbWrilts10A Nf 09 fesetMettttoo an AArco said oNo. 1. "web 7t dabnaa ySP C�t the awWn,V tomes de leas 1 the ttsPtee harein:Vast aben1e 00 fasstlto of aha CrsPNa bar* ne fn.Wrtb IIs degrees IS slwtee OD aswnto an Iron Pit tat at the northeast career of land of the 0csoeee 4erelq at liaa of pow or lead toe ar formerly of Jsaas It. Shorvakea: tlntlee by sola lsnUSt 10.O f000tyto North 71 easteee L3 wfaatee 11 aeconde of Jame R.Showeker. � _ , an iron pin act in the venter of a private goal. the point cad Tl►ce of 2101"Um. "ACT NO. c herein Conceits 0.0413 pass and Is 4esfjn8ced let No. 3 ps sbovb �.•� on the•nava-doatrihed SpedlvISSOR Tlan- UAL",No. 2� j"INNINO at an tomo pia set at the norformer Of forof . . 1 n4 of the 8rantee hereto in line of lot Na: 4 sa chow an tba'sbavn.doscribed Svbeivtsian Tlanl sbenea.by Ned lot we. A. Nome 26 de8raw l5 atnvtas cc"coda peat 170.00 feet to a paint In line o!land nae et forenrly of iboass R. Or-i, tbacea by Sold lave.North 7t aeSCan 23 al"ntoa I1 escapes Lams 173.09 Seat to an Ston Pin*at On Mid.1t"at the morthvams carter of land nor of gotms91Y of Jams R• Sbawalceti Choate by aced Load ave or fowatly of Juea 6. 6'howmher.South 16 desrtu 15 Minutes 00 ateods Ust 170.00 feet to an Swan pia act an line e[lard o! the Greater herein at tem awthmat Cornax of land new faawflam?SlYy*vroou7 1.Sh Yoatl1theme Gee 0414 land at the Cr4lca+barain,San1h tt to it iroa Vt.. the point cad?late of lLOI XW- ,&AeT-w0.1 bSteln montat"s 6.67T2.arta and u dealpatsa u sot no. z on tba abase••deµwlbvd Saedirimw PIMP. >> aLt cess eertafm taprowd tcaot of Gad sitwtS to UpPar TrsPkWr4 lovas . ee3an0 Cooary.Pemayivanla,corm pexctculcriy dspactbsd aeeardtaE to a ' wrvey cad TLoa ey Shores A.Nalf.USlateceA Sm'rgOK. goo-Owes R. WMtws�4aCa4 ►ternary 1 .1974 and reCatded to Cha Oglseaet ten atrardax OE Oeads So sed Ge CaebarLed Counry.tP P2m dock 14.Tata 136.0 tollayst - . BLCINNIwC at_ stake..oa.tM r.parobwaAarT o!s-20tooe v1en prtwta road as the ....iwchtiaurn Costar.of Ltd Mev ox fonerlT of Iwuld Tlshsel tbane�clan{ter reetecn eecadmry eg.sald 20.feot vide private road. 8web ZO dalt'!aa alautna ° 163tcat ' w•slake on tM restore bsuadary aE said ioad�tteatit��i'vf'otbar lasd arov of tarasrly of IIeuea a.,Cbeda, st. t and Nactb .0. Cboatnncl tMace a1aa8 16ta lead, Sovt�70 dasraea 22 minutes feag'240-goat tv a nes stakes tha &1008 acid lead,worth LO de8ieo30 aldutes Wept 183 feet to a stakel theate along said land and Janda now or formerly off Donald Timber.Porch 78 detraam 22 minutes East 240 goat to a stake. the Piste of lLOlawa. CORTAININO 1.Wfi accSs. SAID provotty is known as 14 Toe Lan.wawilis. PenmylvsmS4. MORTGAGE (Continued) Page 7 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANT (Seal) Patricia J:McCann r� Signed,acknowle aI delivered in the presence of: X / /,LrA Wi V —— X itn as CERTIFICATE OF RESIDENCE 1 hereby certify,that the precise address of the mortgagee,ORRSTOWN BANK,herein is as follows: 006 STONEHEDGE OFFICE,77 EAST KING STREET,P 0 BOX 250,SHIPPENSDURG,PA 17,257 *tomeAyoyg�efnt-6or Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ISS COUNTY OF �A � A day of 20 � ,before me L� j _, the undersigned Notary Public, personally appeared Patricia J. McCann, known to me for sati5 actorily proven!to be the person whose name is subscribed to the within instrument,and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof,I hereunto Set my hand and official seal. l � COMMONWEALTH OF OF PENNSYL A .U. / Notarial Seal Notar Public in and for the State of Olivia A.Reeder,Notary Public South Middleton Tkp.,Cumberland County My Commission Expires March 7,2013 "' • KH,'4t+rrn of Notaries LASER PRO Lending, Ver. 5,57.10.001 Copr. Marland Financial Solutions, Inc. 1997, 12tin1, All Rights Reserved. - PA c:\CFI\LPL\GO3.FC TR-29545 PR-257 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - . ... 1 COURTHOUSE SQUARE ' CARLISLE, PA 17013 717-240-6370 - m , � a Instrument Number-201134857 Recorded On 12/14/2011 At 11:57:36 AM *Total Pages-8 *Instrument Type-MORTGAGE Invoice Number 98505 User ID-SW x Mortgagor-MCCANN,PATRICIA J *Mortgagee-ORRSTOWN BANK r Customer-ORRSTOWN BANK x FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $17.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA ;meq o�CU /D7EDS RECORDER O rrso *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002HY8 IIIIIIi�IIIIIIIIIIIIIIIIIlII April 2014 ST P URROWN BANK A Tradition of Excellence Patricia J McCann 14 Fox Ln Newville PA 17241 RE: Home Equity Line#240510 151 MORTGGE Dear Homeowner: We are writing this letter to address a very serious problem. The bank has not received a loan payment from you since 3/11/2414. As of today's date,you are in arrears in the amount of$269.32 for the March 7,2014 and $246.77 for the April 7,2014 payment. Total past due is$516.09. There will be another payment of$255.57 will be due on May 6,2014. In accordance with the provisions in the Mortgage and Promissory Note that you executed to Orrstown Bank,this is an event of DEFAULT. You do have the right to cure this default. If you pay the total amount of arrearage shown above,as well as any additional principal, interest,fees or costs that may become due,within the next(15) days,no further action will be taken against you. If,however,you fail to pay this amount,the Bank may begin foreclosure action against you. Once this action begins,you will be responsible for all legal costs in addition to the principal,interest and other costs you presently owe. If your primary residence secures this loan,you may obtain HUD approved homeownership counseling by calling 1-800-569-4287. We hope you take this matter seriously. Your prompt attention is necessary to avoid further collection actions being taken against you. Please contact the Collection Department at 717-709-3029 or toll free at 1-888-677-7869 if you have any questions. It should be noted that we are attempting to collect a debt and any information obtained with be used for that purpose. Sincerely, �. J�niV Q PLAINTIFF'S EXHIBIT Betsy J. Smith a Installment Collection Sepcialist J Q 2695 Philadelphia Avenue• Chambersburg,PA 17201 m Servicemembers Civil Relief U.S. Department of Housing OMB Approval 2502-0584 Act Notice Disclosure and Urban Development Exp 11/30/2014 Office of Housing Legal Rights and Protections Under the SORA Sen icemembers on"active dun"or"active service."or a spouse or dependent of such a scr6cemember may be entitled to certain legal protections and debt relief pursuant to the Sericemembers Civil Relief Act(50 USC App. &,�501-597b) (SORA). Who Mav Be.Entitled to Legal Protections Under the SCRA? • Regular members of the U.S.Armed Forces(Army.Navy.Air Force.Marine Corps,and Coast Guard). • Reserve and National Guard personnel who have been activated and are on Federal active duty. R National Guard personnel under a call or order to active duty for more than 30 consecutive days under section 502(f)of title 32,United States Code,for purposes of responding to a national emergency declared by the President and supported by Federal funds. • Active service members of the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration. • Certain United States citizens serving with the armed forces of a natio»with which the United States is allied in the prosecution of a war or military action. What Legal Protections Are Sersdcemembers Emitted To Under the SCRA? • The SCRA states that a debt incurred by a servicemember,or servicemember and spouse jointly,prior to entering military service shall not bear interest at a rate above 6%during the period of military service and one year thereafter,in the case of an obligation or liability consisting of a mortgage,trust decd,or other security in the nature of a mortgage,or during the period of military•senice in the case of any other obligation or liability. r The SORA states that in a legal action to enforce a debt against real estate that is filed during.or within one year after the servicemember's military ser%-Ice,a court may stop the proceedings for a period of time,or adiust the debt.In addition,the sale,foreclosure,or seizure of real estate shall not be valid if it occurs during,or within one year after the servicemember's military service unless the creditor has obtained a valid court order approving the sale,foreclosure,or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Senicemember or Dependent Request Relief Under the SCRA) In order to request relief under the SCRA from loans with interest rates above 6%a servicemember or spouse must provide a written request to the lender,together with a copy of the ser•icemenber's military orders. [Note: Lender should place its name,address,and contact information here,j • There is no requirement under the SCRA,however,for a servicemember to provide a written notice or a copy of servicemember's military orders to the lender in connection with a foreclosure or other debt enforcement action against real estate. Under these circumstances,lenders should inquire about the military status of a person by searching the Department of Defense's Defense Manpower Data Center's website,contacting the servicemember,and examining their Fles for indicia of military service. Although there is no requirement for servicemembers to alert the lender of their military status in these situations; it still is a good idea for the servicemember to do so. How Does a Servicemember or Dependent Obtain Information About the SCRA? • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate,or their installation's Legal Assistance Officer.A military legal assistance office locator for all branches of the Armed Forces is available at http:+'iekalascistancc.la«,af.mil content localor.ohn f "Militan OneSource"is the U.S.Department of Defense's information resource.If you are listed as entitled to legal protections under,the SCRA(see above),please go to������.militarvonesource.cont'�cra or call 1-800- .,42-9647(toll free fmm the l.inile-�States)to find out more information.Dialing instructions for areas outside the United States are provided on the website. form HUD-92070 (02/2013) UNITED STATESIng" pO=LSEMCEm 211fica This CQ".f,etrbt Mana�.toro�oa:F+id�r�r-that M911 has tcan rrasr � E - 1 •f Th s form may Pa U'.,:.4 rOr oCirtantK ar:.l i '9fIP.tR'.11yE ftWd A From: tr 1t"IYfhhPr%VA . o � j5 C) To: v i4) F /U z [o PS Form 3817,April 2007 PSN 7530.02-000.9065 CERTIFIED MAIL USPS.Gov Date: ,1W.1 To: � �7 �u n 9171 9690 0935 0010 2432 27 /y Las Aj Sender: Betsy Smith ti Department: Collections A\`� 9171 9690 0935 0010 2432 27 ORRSTOWNBANK A Tradition of Excellence May 8, 2014 Patricia J. McCann 14 Fox Ln Newville, Pa. 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the Proararn 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 Countv are listed at the end of this Notice If you have anv questions, you may call the Pennsylvania Housing Finance Agency toll free at I- 800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. a PLAINTIFF'S EXHIBIT a J Q LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Patricia J. McCann PROPERTY ADDRESS: 14 Fox Ln New Ile Pa. 17241 LOAN ACCT. NO.: 240510 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT(33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — if you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desi mated consumer credit counselina a encies for the county in which the propeqy 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 immediatelv 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 A HEMAP 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 up to date) NATURE OF THE DEFAULT — The.MORTGAGE debt held by the above lender on your property located at: 14 Fox Ln, Newville, Pa. 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due March 7. 2014 payment of $ 246 40 April 4. 2014 Payment of$ 192.66 and May 6 2013 payment of$ 230.93. Other charges (explain/itemize): LATE CHARGES OF$ 101.67. TOTAL AMOUNT PAST DUE: 771.66. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A 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 $171.66- PLUS 771.66.PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH 2695 PHILADELPHIA AVE. CHAMBERSBURG, PA. 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT CURE THE DEFAULT— If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mo.rtgagte 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 attornev's fees OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS-SALE— If you have not cured the default within the THIRTY {30} DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Prevent the sale at any time up to one hour before the Sheriffs Sale. You ma do so by Payincithe total amount then past dueplus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: 2695 Philadelphia Ave. Chambersburg, Pa. 17201 Phone Number: (717) 709-3029 Fax Number: 717 264-3154 Contact Person: Betsy J. Smith E-Mail Address: bsmith@orrstown.com. EFFECT OF SHERIFF'S SALE — You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE —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 THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, g. ...�' BETSY J. SMITH, COLLECTION DEPT. Return Receipt Requested and Regular U. S. Mail CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Advantage Credit Counseling Service/ CCCS of Western Pennsylvania, Inc. PHFA 2000 Linglestown Road 211 North Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17110 (888) 511-2227 (717) 780-3940 or 800-342-2397 Housing Alliance fo York/Y Housiing Resources PA Interfaith Community Programs Inc 290 West Market Street 40 E. High Street York, Pa. 17401 Gettysburg, PA 17325 (717) 855-2752 (717) 334-1518 PathStone Corporation CCCS of Western Pa. 1250 Carlisle Road Colonial Shopping Center Aspers, Pa. 17304 970 S. George Street (717) 677-6150 York, Pa. 17403 (888)-511-2227 Marantha CCCS of Northeastern Pa. 31 West 31d Street 202 W. Hamilton Avenue Waynesboro, PA 17268 State College, Pa. 16801 (717) 762-3285 (814) 238-3668 or 800-922-9537 Base, Inc. PathStone Corporation 447 S. Prince St. 450 Cleveland Ave. York, Pa. 17403 Chambersburg, Pa. 17201 (717)-392-5467 (717)-264-5913 Community Action Commission of Capital Region Housing Alliance of York 1514 Derry Street 290 West Market Street Harrisburg, Pa. 17104 York, Pa. 17401 (717)-232-9757 (717)-855-2752 ��- UNITEDSTATES POSTAL SERVICE. Date: May 9, 2014 Patricia McCann: The following is in response to your May 9, 2014 request for delivery information on your Certified MailTM item number 9171969009350010243227. The delivery record shows that this item was delivered on May 9, 2014 at 11:50 am in NEMILLE, PA 17241. The scanned image of the recipient information is provided below. Signature of Recipient : 0.JAL 1� � �G 4 Address of Recipient : y 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 ORRSTOWN BAND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY,PENNSYLVANIA V. . NO. PATRICIA J. MCCANN,KENNETH DEAN MCCANN,Deceased and THE UNITED STATES OF AMERICA, DEFENDANTS : CIVIL ACTION-LAW VERIFICATION I,Betsy J. Smith, on behalf of Orrstown Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information,knowledge and belief. By: Bets J. Smith Date: (9-a8, V i i ORRSTOWN BANK, IN THE COURT OF COMMON-P AS--OF ; PLAINTIFF : CUMBERLAND COUNTY, PE1Q L N&J V. NO. f rr-; Q f,`D. PATRICIA J. MCCANN, a/k/a C - PATRICIA JEAN MCCANN, KENNETH , DEAN MCCANN, Deceased and THE UNITED STATES OF AMERICA, DEFENDANTS : CIVIL ACTION-LAW 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 residential 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 following steps to be eligible for a conciliation conference.First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request an appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all the 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 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 are represented by a lawyer,you and your lawyer must take the following steps to be eligible for the conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete financial worksheet in the format attached hereto,your lawyer will 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 IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS F Respectfully li 1tt d; 6 Z 14 By;- P7 Date 9,66f A. ietterick.Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D #306779 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased and THE UNITED STATES OF AMERICA, DEFENDANTS : CIVIL ACTION- LAW REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ,governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: 1. Defendant is the owner of the property which is the subject of the mortgage foreclosure action; 2. Defendant lives in the subject real property,which is the Defendant's primary residence; 3. Defendant has been served with a"Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in the Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date ORRSTOWN'BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased and THE UNITED STATES OF AMERICA, DEFENDANTS : CIVIL ACTION-LAW CASE.MANAGEMENT ORDER AND NOW,this day of ,2014,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for scheduling a Conciliation Conference,-it is hereby ORDERED and DECREED that: 1. The parties and their'counsel are directed to participate in a court-supervised Conciliation Conference on at .M. in at the Cumberland County Court House, Carlisle,Pennsylvania. 2. At least twenty-one(21)days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet"(Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which the service of the completed Form 2 is to be made may be expected. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date as agreed upon by parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceeding shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution,and,counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in,advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference,the.Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. ,4. At the Conciliation Conference,the parties and,their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement;paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time;'agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage;paying the mortgage default over sixty moths; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. BY THE COURT. J. 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: Ct)STOMER/PRINIARY APPLICANT 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#l: 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): 1. 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 2nd Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop.payment Install.Loan Payment Cable TV Child Su ort/Alim. Seending Mone Da /Child Care/Tuit. Other Expenses 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 servicing 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 V Past 2 bank statements Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation l (hardship letter) V Listing agreement(if property is currently on the market) 3 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS..OF RECEIPT OF THIS PLEADING,COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR,RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ', I J , , Sheriffot Cut HE PRO THONJ• Jody S Smith F ,., Chief Deputy `' (..) f 4 JUL I I AM i 10: 2 Richard W Stewart t UMERL,ANU COUNTY Solicitor PENNSYLVANIA OF FIC: OF THE SHERIFF Orrstown Bank vs. Patricia J. McCann (et al.) Case Number 2014-3813 SHERIFF'S RETURN OF SERVICE 06/30/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Melissa Swauger, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 07/02/2014 03:10 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Susan Melendez, Legal Assistant, who accepted for Melissa Swauger, at Assistant U.S. Attorney, 228 Walnut Street, Harrisburg, PA 17110. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. 07/03/2014 04:23 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Patricia J. McCann at 14 Fox Lane, Upper Frankford, Newville, PA 171. SHERIFF COST: $67.05 July 08, 2014 ici Ccunty5uite Sheriff, Teleosoft. Inc. DAWN KELL, DEPUTY SO ANSWERS, RON‘WR ANDERSON, SHERIFF itite Shelley Ruhl Real Estale Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin F• Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff iv Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy ORRSTOWN BANK VS UNITED STATES OF AMERICA Sheriffs Return No. 2014-T-1942 OTHER COUNTY NO. 2014-3813 And now: JULY 2, 2014 at 3:10:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BUILDING, 228 WALNUT STREET, SUITE 220 HARRISBURG PA 17108 * LEGAL ASSISTANT Sworn and subscribed to before me this 3RD day of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, By vwvw WG1/. Depu Sheriff Deputy: JESSICA KARL Sheriffs Costs: $41.25 7/1/2014 Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpykosh(a�dplglaw.com F THE PROT HONU IAk i 20111 AUG 13 AliICI: 36 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant ORRSTOWN BANK Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 14-3813 PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased, and THE UNITES STATES : OF AMERICAN : CIVIL TERM Defendant : IN MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is Defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court -supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. §4904 relatinto unsworn falsition to authorities. Michael J. Pyk 1i, quire Defendant's Counse / Legal Representative ,701 /////C Patricia J. Mc ann, a/k/a Patricia Jean McCann D-te Defendant 8lIZl/Li Date Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpykosh[au)dplglaw.com Attorney for Defendant ORRSTOWN BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 14-3813 PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased, and THE UNITES STATES : OF AMERICAN : CIVIL TERM Defendant : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICES I hereby certify that a copy of the foregoing DEFENDANT'S REQUEST FOR CONCILIATION CONFERENCE, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Date: Orrstown Bank c/o Scott A. Dietterick, Esquire Kathryn L. Mason, Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 By: Respectfully Submitte Michael J. Py 3.' h, squire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 14-3813 CIVIL PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased, and THE UNITED STATES OF AMERICA, Defendants CASE MANAGEMENT ORDER AND NOW, this is day of August, 2014, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court -supervised Conciliation Conference on AtetiteA,� a ofv, at /1 : c . m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. A. Dietterick, Esquire JSDC Law Offices P. O. Box 650 Hershey, PA 17033 For the Plaintiff Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendants :rlm C.OptIES BY THE COURT, Kevi A. Hess, P.J. ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased, and THE UNITED STATES OF AMERICA, Defendants : NO. 14-3813 CIVIL ORDER AND NOW, this / 6 day of October, 2014, following conciliation conference, it is ordered and directed that the within matter remain in the Cumberland County Mortgage Foreclosure Diversion Program until the close of business on Friday, November 14, 2014, after which the matter will be deemed removed from the program without further order of Court. BY THE COURT, 'Ralph Salvia, Esquire JSDC Law Offices P. O. Box 650 Hershey, PA 17033 For the Plaintiff ,Xchael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendants rrzi LEL lob/ft/ Scott A. Dietterick, Esquire Supreme Court 1.D. #55650 Kathryn L. Mason, Esquire Supreme Court 1.D. #306779 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 Attorneys for Plaintiff ORRSTOWN BANK, PLAINTIFF V. PATRICIA J. MCCANN, a/k/a PATRICIA JEAN MCCANN, KENNETH DEAN MCCANN, Deceased and THE UNITED STATES OF AMERICA, DEFENDANTS HOY 20 AM 9: 2 CUI1BERLANI3 COUt. I PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-3813 CIVIL : CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: KINDLY mark the above -captioned matter as Sett ed and Discontinued. JSDC LAW OF Dated: November 19, 2014 BY: Sco qu PA I.D. # 5565 Kathryn. L. Mason, Esquire PA I.D. # 306779 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033