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HomeMy WebLinkAbout14-3899 w Supreme Court of Pennsylvania �x. Cour 1ofsCommdn. ,leas For Prothonotary Use Only: CvilCove`Sheet Docket No: Cu "beeland'' County The information collected on this form is used solelv,for court administratio17 purposes. This forin does not .supplement or replace the fling and service ofpleading:s or .other papers as required by lain or rules 0 court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Orrstown Bank Jennifer L. Wright Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? ❑X Yes No O (check one) Eloutside arbitration limits N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? [ i Yes R No A Name of Plaintiff/Appellant's Attorney: Christopher E. Rice, Esquire/Martson Law Offices (] 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 you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 1 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution E3 Debt Collection: Credit Card 0 Board of Assessment l i Motor Vehicle E3 Debt Collection:Other1❑ Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include M. Employment Dispute: L'j mass tort) 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute: Other rl Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: [:1 Ejectment El Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus Q Landlord/Tenant Dispute 0 Non-Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: Other Professional: Updated 1/1/2011 FARLEMClients\12633 Orrstown Bank\12633.10 WrightN12633.10.New Complaint.wpd t " Christopher E. Rice, Esquire -3 T Attorney I.D. No. 90916 D C' Aaron S. Haynes, Esquire l X3 E RL A Attorney I.D. No. 307746 F, L 1, Y L'$A MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 14 - CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served,by entering a written appearance personally or by 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 Plaintiffs. 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 ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 4� Telephone (717) 249-3166 C5) -36 7'0'?G NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED)AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy&Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s) (identified as Defendants in the Complaint), within thirty(30) days after receipt of this notice, disputes the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm within thirty(30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s)by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s)by the Creditor's law firm. 6. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 * THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C -71 Christopher E. Rice, Esquire mca C- Vii, Attorney I.D. No. 90916 -rte r - -� Aaron S. Haynes, Esquire ' C' ?c Attorney I.D. No. 307746 ;.. MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER --c ; - `'' MARTSON LAW OFFICES ' ` 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 14 - 3"9 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN MORTGAGE FORECLOSURE 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 appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. Ifyou 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 a conciliation conference. It is not necessary for you to contact MidPenn Legal Services for the appointment of a 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 a 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 work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: C,e0'4 5— Christopher E. Rice,Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ��� , 2014 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRI MARY APPLICAN'r 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? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑] If yes,provide names, location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed. Value: Other transportation(automobiles,boats motorcycles): Model: Year. Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2, monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: lease only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Pa ens Condo/Nei .Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop.pa ent Install.Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care/ruit. 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: Alf T! ii I/We, , authorize the above named to use/refer this information to ray lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe 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: Proof of income Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation t (hardship letter) V Listing agreement (if property is currently on the market) 3 FAFILES\Clients\12633 Orrstown Bank\12633.10 Wright\]2633.10.New Complaint.wpd Christopher E. Rice, Esquire _`l r_. r Attorney I.D. No. 90916 C -; Aaron S. Haynes, Esquire :M C 7) Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 14 - CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, ORRSTOWN BANK, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Orrstown Bank ("Plaintiff'), is a Pennsylvania corporation located at 77 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant Jennifer L. Wright("Defendant Jennifer") is an adult individual residing at 3298 Colony Court, Apartment 110, Greenville,North Carolina, 27834. 3. Defendant Judy A. Shank ("Defendant Judy") is an adult individual residing at 59 Blue Pond Road,Newville, Cumberland County, Pennsylvania 17241. 4. Defendant Shirley M. Wright ("Defendant Shirley") is an adult individual residing at 59 Blue Pond Road,Newville, Cumberland County,Pennsylvania 17241, (collectively referred to, along with Defendant Jennifer and Defendant Judy, as "Defendants"). 5. Defendants are the owners of the real property located at 59 Blue Pond Road, Newville, Cumberland County,Pennsylvania 17241("Real Property"),as set forth in the Recorder of Deeds Office of Cumberland County, Book 279, Page 3288, which is subject to the Mortgage described below. 6. On or about May 22, 2007, Defendant Jennifer executed a Promissory Note (the "Note")with Plaintiff in the amount of$148,000.00. A true and correct copy of the Note is attached hereto as Exhibit"A" and is incorporated herein by reference. 7. As security for the performance of Defendant Jennifer's obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit`B." 8. The Mortgage has not been assigned. 9. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 10. Defendants have failed to make monthly payments when due. 11. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 12. Plaintiff provided Defendants with notice of the period in which Defendant's default may be cured, but Defendants have failed to cure the default. 13. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 14. The total sum due and owing from Defendant Jennifer under the Note,as of June 24, 2014, is itemized as follows: Principal: $136,014.65 Late Fees: $1,717.16 Interest as of June 24, 2014: $9,140.61 Court Costs and Fees (estimated): $500.00* Attorney Fees (estimated): $10,000.00 Total as of June 24, 2014: $157,372.42 Plus interest accruing at $23.65 per day from June 24, 2014, until paid in full. *To be determined by the Cumberland County Sheriff. h 15. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 16. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c)(collectively,the"Notice"),Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated May 21, 2014, to Defendants by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of$157,372.42, plus interest from June 24,2014,at the rate of$23.65 per day until the debt is paid in full. MARTSON LAW OFFICES sy: CS /L Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 7/0 , 2014 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Orrstown bank. Any information obtained will be used for that purpose. XHIBIT 44 1 + J sf NOTE May 22, 2007 SHIPPENSBURG,PA [Date] (City f State] 59 BLUE POND ROAD,NEWVILLE, PA 17241 [Property Address[ 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $148,000.00(this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ORRSTOWN BANK. I will make all payments under this Note In the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. i will pay interest at a yearly rate of 6.375%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and Interest by making a payment every month. I will make my monthly payment on the 1 at day of each month beginning on July 1, 2007. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest before Principal. If,an June 1, 2037, 1 still owe amounts under this Note, I will pay those amounts In full on that date, which is called the 'Maturity Date." I will make my monthly payments at ORRSTOWN BANK,SILVER SPRING OFFICE, 77 EAST KING STREET,P 0 BOX 250, SHIPPENSBURG, PA 17257 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be In the amount of U.S. $923.33. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a'Prepayment.' When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment If I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However,the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges,is finally Interpreted so that the Interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by,making a direct payment to me. It a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000%of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. MULTISTATE FiXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 1 of 2 IB) Default If i do not pay the full amount of_-,:h monthly payment on the date it is due, 1 will be is,default. (C) Notice of Default ` If i am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certiin(&I he t:. Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the Interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am In default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. 'Those expenses Include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note Is also obligated to do these things. Any person who takes over these obligations,Including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made In this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who hes obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor'means the right to require the Note Holder to give notice to other persona that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform Instrument with limited variations in some Jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make In this Note. That Security instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: . If all or any part of the Property or any interest In the Property is sold or transferred for if Borrower Is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HANDIS)AND SEAL(S)OF THE UNDERSIGNED. PAY TO THE ORDER OF WITHOUT RECOURSE ORRSTO N 6 N,,..K}} j JE L WRIGHT-Borrower `a.l,4v / (Sign Original Only) R. ALAN PATTON VICE PRESIDENT MULTISTATE FIXED RATE NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 2 of 2 HIBIT "B" Parcel Identification Number: ._'. •(. , � ,�f RECORDATION l� REQUESTED BY: Y 29 PR 2 01 ORRSTOWN BANK SILVER SPRING OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSSUAG,PA 17257 WHEN RECORDED MAIL TO: OARSTOWN BANK 77 EAST KING STREET P.O.BOX 280 SHIPPENSBURG,PA 17257 SEND TAX NOTICES TO: ORRSTOWN BANK 77 EAST KING STREET P.O.BOX 250 SHIPPENSBURG.PA 17257 (Space Above This Line For Recording Datal MORTGAGE OEFINmONS Words used in multiple sections of this document are defined below and other words are defined In Sections 3,11, 13, 1 S.20 and 21. Certain rules regarding the usage of words used In this document are also provided In Section 18. (A) 'Security Instrumerd' means this document, which is dated May 22, 2007, together with all Riders to this document. (B) "Sorrowse Is JENNIFER L WRIGHT,JUDY A. SHANK and SHIRLEY M. WRIGHT. Borrower Is the mortgagor under this Security instrument. (C) 'Lender'Is ORRSTOWN BANK. Lender is a organized and existing under the laws of Pennsylvania. Lender's address to SILVER SPRING OFFICE,77 EAST KING STREET,P 0 SOX 250,SHIPPENSBURG, PA 17257. Lender is the mortgagee under this Security Instrument. (0) 'Note"means the promissory note signed by Borrower and dated May 22,2007. The Note states that Borrower owes Lender One Hundred Forty-eight Thousand&001100 Dollars IU.S. $148,000.001 Pius interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt in full not later than June 1,2037. (E) 'Property'means the property that Is described below under the heading'Transfer of Rights In the Property.' (F) 'Loan'means the debt evidenced by the Note,plus Interest,any prepayment charges and Into charges due under the Note,and a0 sums due under this Security Instrument,plus Intereet. 10) 'Rldars"means all Riders to this Security Instrument that era executed by Borrower. The following Riders are to be executed by Borrower(check box as applicable): QAdjustable Rate Rider 0 Condominium Rider 0 Second Home Rider Batloon Rider Planned Unit Development Rider O Other(e►(specify) 1.4 Family Rider H Biweekly Payment Rider IH1 'Applicable Law'means all controlling applicable federal, state and local statutes, regulations, ordinances and adminfetradve rules and orders (that have the effect of taw) as well as all applicable final, non-appealable judicial opinions. 11) "Community Assoelatlon Dues,Fees,and Assessmants'means all dues,fees,assessments and other charges that are Imposed on Borrower or the Property by a condoms du,n association, homeowners association or similar organization. (J) "Electronic Funds Transfer'meens any transfer of funds,other than a transaction originated by check,draft,or similar paper Instrument,which is Mated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order,Instruct,or authorize a financial Institution to debit or credit an account. Such term Includes,but Is not limited to, polntof-sate transfers, automated taller machine transactions, transfers Initlated by telephone, wire transfers,and automated ciesringhouse transfers. (K) 'Escrow kern'means those items that we described in Section 3. ILI "Misesgansorw Proceeds'means any compensation,settlement,award of damages,or proceeds paid by any third party lather than insurance proceeds paid under the coverages described in Section 6)for.M damage to.or destruction of, the Property; (10 condemnation or other taking of all or any part of the Property; (151 conveyance In lieu of condemnation;or gv)misrepresentations of,or omissions as to,the value and/or condition of the Property. IMI 'Mortgega Insurance"means Insurance protecting Lender against the nonpayment of,or default on,the Loan. IN) 'P-Ila 11,Payment'means the regularly scheduled amount due for(i1 principal and interest under the Note,plus 110 any amounts under Section 3 of this Security Instrument. 10) 'RESPA' means the Real Estate Settlement Procedures Act 112 U.S.C. $2601 at seq.) and Its Implementing regulation, Regulation X 124 C.F.R. Part 36001. as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used In tMe Security Instrument."RESPA' refers to all requirements and restrictions that are unposed In regard to a'federally related mortgage loan'even If the Loan does not qualify as a"federally related mortgage ban'under RESPA. PENNSYLVANUbSingle Family-Farads Mae/Freddie Mac UNIFORM INSTRUMENT Form303 /01 Page 1 of 8 Initials="': "<' M� BK 1993PG409 I •a IP) 'Successor ld Interest of Borrower'means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: 111 the repayment of the Loan, and ail renewals, axtanaIona and modifications of the Note; and 1111 the performance of Borrower's covenants and eents under this Security Instrument and thegraem Note. For this purpose,Borrower does hereby mortgage,grant and green to Lender,the following described property located in the County of CUMBERLAND: Real Property tax Identification number is 31-12.0330.038. SEE ATTACHED which currently has the address of 68 BLUE POND ROAD,NEWVILLE,Pennsylvania 17241 (*Property Address'): TOGETHER WITH all the Improvements now or hereafter erected an the property, and all easements, appurtenances, and f(xturos now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing Is referred to In this Security Instrument as the'Property.' BORROWER COVENANTS that Borrower Is lawfully seised of cite estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by Jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follow*: when1. Paymerrt of PrbtdPal. bhterast, E+crow items, Prepayment Charges,and Late Charges. Borrower shall pay due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.currency. However,if any check or other instrument received by Lender as payment under the Note at this Sscurhy Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the following forms,as*elected by Lender:(a)cash;(b)money order:(e)certified check,bank chock,treasurer's check or cashlor's check, provided any such check t* drawn upon an Institution whose deposits are insured by a federal agency,Instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated In the Note or at such other location as may be designated by Lender In accordance with the notice provisions In Section IS. Lender may return any payment or partial payment if the payment or partial payments are Insuffialant to bring qts loan current. Lender may accept any payment or partial payment insufficlent to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments ere accepted. If each Periodic Payment is applied as of its scheduled due date,than Lander need not pay Interest on unapplled funds. Lender may Fold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lander shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or In the future against Lender shall roUave Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agraements Secured by this Security Instrument. Z Application of Payments or Proceeds. Except as otherwise described in this Section 2,ag payments accepted and applied by Lender shall be applied In the following order of priority:Is)Interest due under the Note;(b)principal due under the Note; (c) amounts dus under Section 3. Such payments shall be applied to each Periodic Payment in the order In which It became due. Any remaining amounts shall be applied first to lets chargee, second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay any into charge due,the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding,Lender may apply any Payment received from Borrower to the repayment of the Periodic Payments it,and to the extent that, each payment can be paid In full. To the extent that any excess exists after the payment is copped to the full payment of one or more Periodic Payments,such excess may be applied to an late charges due. Voluntary prepayments shall be applied first to arty prepayment charges and then as described in the Note. Any application of payments,Insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Perfodfe payments. 3. Funds for Escrow Items. Borrower shall pay to Lander on the day Periodic Payments are due under the Note, until the Note to paid In full,a sum(the*Funds')to provide for payment of amounts due for.181 taxes and assessments and other Items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;Ib) leasehold payments or ground rents on the Property,if any;to)premiums for any end all Insurance requ(red by Lender under Section B;and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lander In lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section ow These items are cause Escrow Items.' At origination a at arty time during the term of the Loan, Lander may require that Community Association Dues, Fees, and Assessments,It any,be escrowed by Borrower, and such duras, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. In the event of such waiver,Borrower shall pay directly,when and where payable,tate amounts due for any Escrow items for which payment of Funds hes been waived by Lander and,If Lander requires, shall fumish to Lender receipts evidencing such payment within such rima period ea Lender may require. Borrower's obUgatlon to make such payments and to provide receipts shall for all purposes be deemed Lander be a covenant and agreement contained to pals Security Instrument, as the phrase 'covenant and agreement' is used in Section S. If Borrower is Item,L to pay Escrow Items directly,pursuant to a waiver,and Borrower falls to pay the amount duo for ig Escrow Item,Lander may y to L a its rights under Section 8 and pay such amount and Borrower shall then be obligated under Seetlon 9 ro repay to Lender any such amount. Lander may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation.Borrower shall pay to Lander all Funds,and In such amounts,that aro then required under this Section 3. PENNSYLVANIA-Single Family-Fannie Mas/Freddie Mao UNIFORM INSTRUMENT Page 2 of 8 Farm 03 /01 I ott ( as )Dir i. na,) Lender may,at any time,collect and hold Funds in an amount le)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA. Lander shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held In an Institution whose deposits are insured by a federal agency,instrumentality,or entity lincluding Lender,if Lender Is an institution whose deposits are so Insured)or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items, unless Lander pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lander can agree In wrldrig,however, that interest shag be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there Is a surplus of Ruda held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds In accordance with RESPA. If there Is a shortage of Funds held In escrow, as defined under RESPA. Larder shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA,but In no more than 12 monthly payments. if thane is a deRcleney of Funds hold In escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lander the amount necessary to make up the deficiency In accordance with RESPA,but In no more than 12 monthly payments. Upon Payment In fug of all sums secured by this Sacwhy Instrument,Lander shag promptly refund to Borrower any Funds held by Lander. 4. Charges;Llers. Borrower shag pay all taxes,assessments,charges,fines,and Imposhfona atUrMable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any, and Community Association Dues,Fees,and Assessments, if any. To the extent that these hems are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shag promptly discharge any lien which has priority over this Security Instrument unless Borrower. (e) agrees In writing to the payment of the obligation secured by the Ilan in a manner acceptable to Lander,but only so long as Borrower Is performing such agreement;Ib)contacts the lien in good faith by,or defends against enforcement of the lien in, legal proceedings which in Lander's opinion operate to prevent the enforcement of the lien while those proceedings ars panding,but only until such proceedings are concluded;or(a)secures from the holder of the gen an agreement satisfactory to Lender subordinating the gen to"Security Instrument. If Lander determines that any part of the Property Is subject to a Ilan which can attain priority over this Security Instrument,Lender may give Borrower e notice Identifying the lien. Within 10 days of the date on which that notice Is given,Borrower shag satisfy the lien or take one or mora of the actions set forth above In this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lander In connection with this Loan. G. Property insurance. Borrower shall keep the improvements now existing or hereafter created on the Property insured against lose by fire,hazards Included within the term'extended coverage,'and any other hazards Including,but not limited to,earthquakes and floods,for which Lender requires insurance. This Insurance shall be maintained In ifs amounts(including deductible tavela)and for the periods that Lender requires. Whet Lender requires pursuant to the preceding sentences can change during the term of the Loan. The Insurance caller providing the insurance shall be chosen by Borrower subject to Lander's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lander may require Borrower to pay,in connection with this Loan,either:(a)a one-time charge tot flood zone determination, certification and tracking servieea; or (b) a one-time charge for flood zone determination and certification services and aubaaquent charges each time remapplgs or almRar changes occur which reasonably might effect such determination or certification. Borrower shall else be responsible for the payment of any tees Imposed by the Federal Emergency Management Agency in connection with the review of any Rood zone determination resulting from an objection by Borrower. If Borrower falls to maintain any of the coverages described above, Lender may obtain Insurance coverage, at Landaes option and eorrowees expense. Linder is under no'obggedon to'burchissa any particular type or amount of coverage. Therefore,such coverage shag cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property, against any risk,hazard or liability and might provide greater or lesser coverage then was previously In effect. Borrower acknowledges that the coat of the Insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lander under this Section 6 shag become additional debt of Borrower secured by this Security instrument. These amounts shell bear Interest at the Note rete from the date of disbursement and shall be payable,with such IntemaL upon notice from Lender to Borrower mques*V payment. Ali insurance policies required by Lander and renewals of such policies shall be subject to Lender's right to disapprove such policies,shell Include a standard mortgage clause,and shall name Lander as mortgages and/or as an additional lose payee. Lander shag have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly ghre to Lander all receipts of paid premiums and renewal notices. If Borrower obtain*any form of Insurance coverage,not oderwlse required by Lender,for damage to,or destruction of,the Property, such policy shag Include a standard mortgage clause and shall name Larder as mortgagee end/or an an additional foes payee. In the event of lose.Borrower shall give prompt notice to the Insurance caner and larder. Lender may make proof of toes If not made promptly by Borrower. Unless Lander and Borrower otherwise agree In writing,any insurance proceeds,whether or not the undoriytrhg Insurance was raqudrod by Lander,shag be applied to restoration or repair of the Property, If the restoration or repair Is economically feasible and Lender's security Is not lessened. During such repair and restoration period, Lander shell have the right to hold such Insurance proceeds until Lander has had an oPPoro+nhY to inspect ouch Property to assure the work has been trompleted to Larder's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work Is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any Interest or earrings on such proceeds. Fees for public adjusters,or other third parties,mtatned by Borrower shell not be paid out of the Insurance proceeds and shall be the sole obggotlon of Borrower. If the restoration or repair Is not economically feasible or Lender's security would be loosened, the Insurance proceeds shag be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Insurance proceeds shell be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate end settle any available insurance claim and related matters. It Borrower does not respond within 30 days to a notice from Larder that the Insurance carrier has offered to settle a claim,then Lander may negotiate and settle the claim. The 3Oday perlod will begin when the notice Is given. 1n either event,or if Lender acquires the Property under Scotian 22 or otherwise,Borrower hereby assigns to Lender Is) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security,instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums PENNVLVANIA•SUM19 FamilyFarode Mae/Freddte Moo UNIFORM INSTRUMENT Form 30 /01 Page 3 of 8 Initials,`' RKI993PG4093 paid by Borrower) under all Insurance policies covering the Property, Insofar as such rights are applicable to the coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument.whether or not then due. B. Occupancy. Borrower shag occupy,establish,and use the Property as Borrower's principal residence within 80 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees In writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Prot@etlon of the Prapmty;Inspection. Borrower shall not destroy,damage or Impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing In the Property, Borrower shag maintain the Property In order to prevent the Property from deteriorating or decreasing in value due to Its condition. Unless It Is determined pursuant to Section 5 that repair or restoration Is not economically feasib►e,Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid In connection with damage to,or the taking of,the Property,Borrower shall be responsible tar repairing or restoring the Property only If Lander hes released proceeds ter such purposes. Lender may disburse proceeds for the repairs and restoration In a single peymont or in a series of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufRcient to repair at restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may Inspect the Interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an Interior Inspection specifying such reasonable cavae. S. Borrower's Loan AppRoatlon. Borrower shall be In default If,during the Loan application procese,Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate Information or statements to Lender (or failed to provide Lender with material Information) In connection with dee Loan. Material representations Include, but ere not limited to, representations concerning Borrower's occupancy of tho Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this security instrument. If(a)Borrower falls to perform the covenants and agreements contained In this Security Instrument, lb) there Is a legal proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security instrument lauch as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security instrument or to enforce laws or regulations), or(c) Borrower has abandoned the Property, then Lender may do and pay for whatever Is reasonable or appropriate to protect Lender's Interest In the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lander's actions can Include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument;Ib)appearing In court;and Ic)paying reasonable attorneys'tees to protect Its Interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property Includes,but Is not limited to,entering the Property to make repairs,change locks, replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and Is not under any,duty or obligation to do so. It Is agreed that Lender incurs no liability for not taking any or all actions euthorlzod under this Section 9. Any amounts disbursed by Lander under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts*half bear Interest at the Note rete from the date of disbursement and shall be payable,with such Interest upon notice from Lender to Borrower requesting payment. It this Security Instrument Is on a lessehold,Borrower shell comply with oil the provisions of the lease, if Borrower acquires fee tide to the Property,the leasehold and the fee title shall not merge unless Lander agrees to the merger In writing. 10. Morigagg tmurarae. If Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in affect. It, for any reason, the Mortgage Insurance coverage required by Lander ceases to be available from the mortgage Insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, ScfrOwOf shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously In affect,at a cost substantially equdvatent to the cost to Borrower of the Mortgage Insurance previously M affect from an alternate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage Is not available.Borrower shalt continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lander wta accept use and retain time payments as a nor refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan Is ultimately paid In full,and Lander shell not be required to pay Borrower any Interest or earnings an such loss reserve. Lander can no longer require lose reserve payments if Mortgage Insurance coverage (In the amount and for the period that Lender ro4t1reN provided by an Insurer selected by Lender again becomes available,Is obtained,and Lander requires separately designated payments toward the premiums for Mortgage irt@urenco. If Lender required Mortgage Insurance as a condition of making the Loan and Borrowar was requlmd to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effeu:t, of to provide a mm-mfumdeble 1009 reserve, until Lender's requirement for Mortgage Insurance ends In accordance with airy written agreement between Borrower and Lander providing for such termination or until termination Is required by Applicable Law. Nothing in this Section 10 effects providing obligation to pay interest at the rate provided In the Note. MOrtgsge Insurance reimburses Lender(or any entity that purchases the Note)for contain losses it may Incur if Borrower does not repay the Loan as agreed,Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such Insurance In force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or pardesl to these agreements.These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have available(which may Include funds obtained tram Mortgage insurance premiums). As a result of thane agreements, lender, any purchaser of the Note, another insurer, any m1naurer, any other entity,or any affiliate of any of the foregoing,may receive(directly or Indirectly)amounts that derive from for might be characterized aa) a portion of Borrower's payment@ for Mortgage Insurance,In exchange for sharing or modifying the mortgage Insurer's risk,or reducing losses.If such agreement provides that an affAtate of Lender takes a share of the Insurer's risk In exchange for a share of the premiums paid to the Insurer, the arrangementto la often tamed *captive thre reinsurance.' Further: Is)Any such agreements wig rat effect the amounts that Borrower hag Wood to pay for Mottgage insurance,or any other terra of the Loan.Such agreements wig not Increasethg arteount Borrower wig owe for Mortgage Ineurerae, and they will not errtltig Borfowsr to any refund (b)Any such agreements will net affaot the rights Borrower has•if any.with respect to ft Mortgage Insurance under the Homeowners Protection Act of 1998 or any other low. These rights may Include the tight to receive aertain PENNSnVANIA-Single Family-Fermis,Mae/Freddie Mao UNIFORM INSTRUMENT Fern 30391,01- Page 4 of 8 100 W ov aaIor1, (10If disclosures.to request and obtain cancellation of tis Mortgage insurance.to have the Mortgage insurance terminated automatically.and/or to receive a refund of arty Mortgage insuanas premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeit=. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lander. If the Property is damaged,such Miscellaneous Proceeds shag be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair end restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work hes been completed to lender's satisfaction,provided that such inspection shall be undertaken promptly. lender may pay for the repairs and restoration in a single disbursement or In a aeries of progress payments as the work Is completed. Unless an agreement is made In writing or Applicable Lew requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Londer's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrun ent. whether or not then due,with the excess.If any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided tar In Section 2. In the event of a total taking,destruction,or loss In value of the Property. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not than due, with the excess, If any,paid to Borrower. in the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property Immediately before the partial taking,destruction,or toss in value Is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss In value, unless Borrower and Lender otherwise agree in writing,tiro awns secured by this Security Instrument shag be reduced by the amount of the Mlscattancous Proceeds multiplied by the following traction: (a)the total amount of the sums secured immediately before the partial taking,destruction,or loss In value divided by(b)the fair market value of the Property Immediately before the partial taking,destruction,or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or lose In value of the Property In which the fab market value of the Property Immediately before the partial taking,destruction,or less In value Is loss than the amount of the sums secured Immediately before the partial taking, destruction,or loss In value, unless Borrower and lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Securtty Instrurmant whether or not the sums are then due. If the Property Is abandoned by Borrower,or if, after notice,by Lender to Borrower that the Opposing Party(as defined In the next sentence)offers to make an award to settle a claim for damages,Borrower fella to respond to Lender within 30 days after the deft the notice is given,Lender Is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not iron due. 'Opposing Party'means the third party that owes Borrower Mlaceilarmmus Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether eM or criminal, fs begun that, in Lender's Judgment,could result In forfeiture of the Property or other material Impairment of Lender's Interest In the Property or rights under this Security Insuumant. Borrower can cure such a default and,it acceleration has occurred,reinstate as provided In Section IS.by causing the action or proceeding to be dismissed with a riling that,in Lender's Judgment, precludes forfeiture of the Property or other material impairment of lender's Interest In the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Impairment of Lander's Interest In the Property are hereby assigned and shag be paid to Larder. Ali Miscellaneous Proceeds that aro not applied to restoration or repair of the Property shag be applied In the order provided for In Section 2. 12. Borrower Nat Released; forbearance By Larder Not a Wahror. Extension of the time for payment or modification of amortization of the sums secured by title Security Instnunnant granted by Lander to Borrower or any Successor In Interest of Borrower shag not operate to release the liability of Borrower or any Successors In interest of Borrower. Larder shag rot be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Succeasero M Interest of Borrower. Any forbearance by Lander In exercising any right or remedy Including, without gmftatlon, Lender's acceptance of payments from third persona,entities or Successors in Interest of Borrower or in amounts less than the amount then duo, shall not be e waiver of or preclude the exercise of any right or remedy. 13. Join and Several Liebiaty;Co-sigtars;Successors and Assigns Sand, Borrower covenants and agrees that Borrower's obligations and liability shag be joint and several. However, arty Borrower who co-signs this Security Instrument but does not execute the Note la'co-atgner'):(a)is co-signing title Security Insoumant only to mortgage, grant and convey the co•slgnees interest in the Property under the terns of this Security irstnmient; (b) is not personatly obligated to pay the suns secured by this Security instrument;and(a) agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terns of this Security Inatrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under this Security Instrument In writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shag not be released from Sorower's obligations and Ilablllty under this Security Instrument unless Lander agrees to such release In writing. The covenants and agreements of this Security Instrument shall bird(except as provided In Section 20)and benefit the successors and assigns of Lender. 14. Loan gwgss. Lender may chargo Borrower fees for services performed In connection with Borrower's defeutt, for the purpose of protecting Lender's Interest in the Property and rights under this Security instrument, including,but not limited to,attomeys'fees,property inspection and valuation tees, in regard to any other fees.the absence of express authority In this Security instrument to charge a specific fee to Borrower shag not be construed as a prohibition on the charging of such fee. Lander may not charge fees that aro expressly prohibited by this Security (nstfwment or by Applicable Lew. If the Loan Is subject to a law which eats maximum loan chargee,and that law Is finally Interpreted so that the interest or other loan charges collected or to be collected In connection with the Loan exceed the permitted Timis,then: is)any such loan charge shag be reduced by the amount necessary to reduce the charge to the permitted ilmit and(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lander may choose to make this refuel by reducing the principal owed wrier the Note or by making a direct payment to Borrower. It a refund reduces principal, the reduction will be frosted as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1S. Notices. Ali notices given by Borrower or Lander in connection with this Security Instrument must be In writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to PENNSYLVANIA-Single FamllyFmrde Mae/Freddie Mae UNIFORM INSTRUMENT Farm 303 b1 Page 6 of 8 Initials-'!-WA, "'`, A ) 8K 1993PG14095 M1 Borrower when mailed by fiat class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires ojherwlae. The notice address shag be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shag promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure.Thera may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering It or by mailing it by first class mag to Lender's address stated herein unless Lender has designated another address by nofico to Borrower.Any notice In connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument Is also required under Applicable Lew, the Applicable Law requirement will satisfy the corresponding raquirement under this Security instrument. 18. Governing Law;SeverebW,Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property Is located. All rights and obligations contained In this Security Instrument are subject to any requirement@ and limitations W Applicable Law. Applicable Law might explicitly or implicitly Allow the portles to agree by contract or it might be agent but such silence shag not be construed as a prohibition against agreement by connect. In the event that any provision or clause of this Security instrument or the Note conflicts with Applicable Lew,such conflict shag not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and Include corresponding neuter words or words of the feminine gander Ib) words In the singular shag mean and Include the plural and vice verse;and(c)the word'may"gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shag be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property Of a BsneBOW Interest In Borrower. As used In this Section ill,'Interest In the Property*means any legal or beneficial Interest in the Property,Including,but not limited to,those beneficial interests transferred In a bond for deed,contract for deed,Installment sales convect or Ostrow agreement,the Intent of which la the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property Or any Interest In the Property Is sold or transferred for if Borrower Is not a natural person and a beneficial Interest in Borrower Is sold or transferred)without Lender's prior written consent,Lender may require Immetlate payment In fug of all sums secured by this Security instrument. However,this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender exercises this option.Lender shag give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given in accordance with Section 16 within which Borrower must Pay all sums secured by this Security instrumenL If Borrower fags to pay these sums pricy to the expiration of fi period, Lender may Invoke any remedies permitted by this Security Instrument without further notice it demandis Borrower. an 19. Borrower's Right to Reinstate After Acceleration. If Borrower meats certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prim to the earliest of:la)five days before sate of the Property pursuant to any power of sale contained In title Security Instrument;(b)such other period as Applicable Law might specify for the termtnatlon of Borrower's right to reinstate;or Ie)entry of a judgment enforcing this Security Instrument. Those conditions aro that Borrower,(a)pays lander all sums which then would be due under this Security Instrument end the Note as If no acceleration had occurred;(b)tutee any default of any'other covenants or agreements; (o) pays all expensea Incurred in enforcing this Security Instrument, Including, but not limited to, reasonable attorneys'fees,property Inspection and valuation fees,and other fees Incurred for thepurpose of protecting Lender's interest In the Property and rights under this Security Instrument;and(d1 takes such ectlan es Lender meg reasonably requlm to assure that LoWees interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Wnent may require that Borrower pay such reinstatement sums and expenses In one or more of the foaawlun forms,as selected by Lender. ta)each;Ib)money order, (a)certified check,bank check,treasurer's check on cashier's chock provided any such check Is drawn upon an Institution whose deposits aro Insured by a federal agency,Instrumentality or entity;or(d) Electronic Funds Transfer. Upon reinstatement by Borrower,this Security instrument and obligations secured hereby shag remain fully effective as It no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Seaton 18. 20.. Safe of Nets% Chep@ at Loan Senvlcer; Notles of Orlsvannce. The Note or a partial Interest in the Note (together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sate might result In a change In the entity(known as the'Loan Servicer')that collets Periodic Payments due under the Nota and this Security Instrument and porforms other mortgage loan servicing obligations under the Note, this Security Instrument,and Applicable Lew. Thera elan might be one or more changes of the Loan Servicar unrelated to a sate of the Note. It there Is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new loan Servicer, the address to which payments should be made and any other Information RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Wan Is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Wan Servicer or be transferred to a successor Loan Sorvicer and are not assumed by the Note purchaser unless othorwlse provided by the Note purchaser. Neither Borrower not Lander may commence,join,or be joined to any judicial action(as eider an individual litigant or the member of a class)that arlsos from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any ditty owed by reason of,this Security Instrument,until such Borrower or Larder has notified the other party Iwlth such notice given in compliance with the requirements of Section 16)of such alleged breech and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action, If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of eccsleradon and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provlalons of this Section 20. 21. Hazardous Stnbstanees. As used In this Section 21: (a) 'Hazardous Substances' are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,and radioactive materials;(b)'Ertvhonmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety Or environmental protection; (c) 'Environmental Cleanup'Includes any response action,remedial action,or removal action,as defined in Environmental Law; and Id) an 'EnvIronmontal Condition'means a Condition that can cause,contribute to,or otherwise trigger an Environments!Cleanup. Borrower shag not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances, or threaten to release any Hazardous Substances,an or in the Property. Borrower shall not do,nor allow anyone also to do, anything affecting the Property le) that is In violation of any Environmental Law, !b) which creates an PENNSYLVANIA-Single Family-Famde MaelFreddis Mao UNIFORM INSTRUMENT Form30� 39 1401 Page 8 of 8 Initlalar^' ntf t nnnnr-!. nnr , y ` Environmental Condition, or Ic) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affect& the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to, hazardous substances In consumer products). Borrower shall promptly give Lender written notice of(a)any Investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Lew of which Borrower has actual knowledge,(b)any Environmental Condition,including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and Ic) any condition caused by the presence,use or release of a Hazardous Substance which adversely effects the value of the Property. It Borrower learns,or is notified by any governmental or regulatory authority,or any private party, that any removal or other remadledon of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lander further covanent and agree as follows: 22. Aaaeleretion: Remedies. Lander shall SW notice to Borrower prim to acceleration following Borrower's breach of my covenant or agreement In this Security Instrument Ibut Trot prior to acceleration under Section 18 unless Apple"Lew provides otherwtsel. Lender shag notifier Borrower of.among otfter things:(al the deteuft:(b)the- -ti-required to crus the defoulC lol when the default must be cured:and Id)that faRure to cure the.ddRndt as specified may result In acceleration of the sums secured by this Seewity InsoumerrL foreclosure by judicial proceeding and safe of the Property. Lander shag furter Inform Borrower of the right to reinstate after acceleration and tla right to assert In the foreclosure proceeding the non4xhtonee of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as speelfied,Lender at he opthan may require hneeedlate•payment In full of a9 aunts secured by this Security Instrument without further demand and may foreclose tib Security hatrtar ent by jadiolai Proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this Seadon 22.Including. but not tindtW to.attorneys'fur and oast of this evI I , to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become vold. Atter such occurrence, Lander shall discharge and satisfy this Security Inatnament. Borrower shag pay any recordation Costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Welvers. Borrower,to the extent permitted by Applicable Law,walves and releases any error or defects in proceedings to enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment,levy end sale,and homestead exemption. 28. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 28. Purchase Money Mortgage. If any of the debt secured by this Security Instnarnant Is lent to Borrower to acquire title to the Property,this Security Instrument shag be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment Is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any Rider executed by Borrower and recorded with It. tnes as: 18ea11 JENNtpL WRiGHT•Borrow& 7b f ISed) �JUDY A.SHANK-Borrower GLLrSCG //r �t/�7� (SOW) SHIRLE .. WRIGHT•Borrower CERTIFICATE OF RESIDENCE I hereby certify,that the precise address of the mortgagee,ORR8TOWM BANK,herein is as follows: SILVER SPRING OFFICE.77 EAST KING STREET,P O BOX 260.SHIPP RG.PA 17287 Attorney or gem for rtgagee (Space Below This Line For Acknowledgmentl PENNSYLVANIA-Single FamllyFaunis MaelFraddle Meo UNIFORM INSTRUMENT Form 3039 Page 7 of 8 Initials: �C-- RIl 199qP(; (197 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 /' A ISS COUNTY OF CLJiy1GF/f�" 1 On this,the Z Z^-e day of 1416:% ,2 before me the A. SHAM(;and SHIRLEY M. WRIGHT. known tome (oed raaatisfactorily prove appeared eyed FER l WRIGHT;-JUDYsare Y proven) to be the person whose Hamas are subscribed to the within Instrument, and acknowledged that I executed the same for the purposes therein contained. In witMa whweof,I hereunto set my hand and ofRo COMHIONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Notary Public in and for the St to of Harold S.Imin Iii,Esq,Notary Public M Febnmty 06 D011 wnwo,.ray..txmaot tw■.,.t t�.r„tr.�ta ror.cor. rr'rtr..a •r.wwKn,muc tApt,ww PENNSYLVANIA-Single Family-Farmte Mao/Freddie Mea UNIFORM INSTRUMENT Form 3039 1101 Page 8 of 8 Initlatsr' •nub Ent I4q'IPGI 098 i ALL that certain tract of land with the improvements thereon situate In Penn Township,Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a spike in or near the centerline of Township Road No. T-348(Blue Pond Road),on the line of land now or formerly of Elizabeth Rood; thence along said township road, North 00 degrees 10 minutes 48 seconds East,a distance of 435.00 feet to a point on the line of Lot No.2 on the hereinafter mentioned plan of dots; thence along the latter, South 89 degrees 49 minutes 12 seconds East,a distance of 585.86 feet to a point on the line of land now or formerly of Reuben Reiff; thence along the latter,South 03 degrees 40 minutes 12 seconds East,a distance of 426.22 feet to an existing hickory tree; thence along the same and lands now or formerly of Elizabeth Rood,South 89 degrees 16 minutes 18 seconds West,a distance of 614.56 feet to a spike in or near the centerline of said township road,the Place of BEGINNING. CONTAINING 5.9279 acres,0.2495 of which Is included within the dedicated right-of-way line of Township Road No.T-348,and begin described according to a Final Subdivision Plan for Eugene C.Wright and Hazel L. Wright by Stephen G. Fisher,dated November 3, 1987 and being designated as Lot No. 1 thereon. this to be recorded 'lmtttberland County PA Rcrortler of Reeds EXHIBIT"A" 8K 1993PG4099 VERIFICATION AI, Q , as an employee of Orrstown Bank, acknowledge I have the authority to execute this Verification on behalf of Orrstown Bank and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Mortgage Foreclosure is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. O STOW NK By: Name: L Y1da� JV101.t7>✓1� Title:45;r S-� N¢' VI r-'L- FAFILES\Clients\12633 Onstown Bank\12633.10 Wright\12633.10.New Complaint.wpd F:\FILES\Clients\12633 Orrstown Bank \12633.10 Wright\12633.10.as.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff t- l.J ii i THE f RiOTHCI- 22 4 JUL 15 f,P1 I I: 1 S CUMBERLAND COUNT'( PENNSYLVANIA ORRSTOWN BANK, Plaintiff v. JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 14 - 3899 CIVIL TERM : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in Mortgage Foreclosure in the above captioned matter was mailed to Jennifer Wright, 3298 Colony Court, Apt. 110, Greenville, NC 27834, on July 3, 2014, by certified mail, restricted delivery, return receipt requested. Attached is the signed Post Office return with attached receipt of costs in the amount of $12.87. Sworn to and subscribed before me this al) day of July 2014. MARTSON LAW OFFICES By l 6 c Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2015 MEMBER, GENN[9YLVANIA ASSOCIATION OF NOTARIES SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Hi Witdi firif i2 9, Ouphivittmq' 027"v COMPLETE THIS SECTION ON DELIVERY C. Date of Delivery D. Is delivery address different from Rem 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type €ertified Mail® 0 Priority Mail Express' Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) es 2. Article Number 7013 3020 0001 352Ev 0900 I (Transfer from service labe0 PS Form 3811, July 2013 1=1 I3 ru rTl Retum Receipt Fee (Endorsement Required) CI. ru rsi C3 Domestic Retum Receipt U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) wed; For delivery information visit our website at www.usps.come OFFIICIIAL IJS Postage Certified Fee m r - Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $ $ (17 sr) gstmajia7 A t gtreet, No.; or PO Box No. City, State, +4 See Reverse for instructions CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jennifer Wright 3298 Colony Court, Apt. 110 Greenville, NC 27834 MARTSON LAW OFFICES By M. Price 10 East High Street Carlisle, PA 17013 Dated: 7/p` /r - This is a debt collecting firm for Orrstown Bank attempting to collect a debt. Any information obtained will be used for that purpose. SHERIFF'S, OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - Jody S Smith Chief Deputy ; AO I I Richard W Stewart Solicitor K ,.r"E S,ER w s4 Ec PENt-4SY� ,.f Orrstown Bank Case Number vs. Jennifer L Wright(et al.) 2014-3899 SHERIFF'S RETURN OF SERVICE 07/11/2014 11:15 AM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Judy A. Shank, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 59 Blue Pond Road, Penn Township, Newville, PA 17241. Residence is vacant, defendant now resides at 3298 Coloney Court, Apt. 110, Greenville, NC 27834. 07/11/2014 11:15 AM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shirley M. Wright, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 59 Blue Pond Road, Penn Township, Newville, PA 17241. Residence is vacant, defendant now resides at 3298 Coloney Court,Apt. 110, Greenville, NC 27834. SHERIFF COST: $58.05 SO ANSWERS, July 14, 2014 RONNY R ANDERSON, SHERIFF , €. el s ...�. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 14-3899 CIVIL TERM IN MORTGAGE FORECLOSURE RE: Orrstown Bank v. Jennifer L. Wright, Judy A. Shank, and Shirley M. Wright Docket No: 14-3899, Cumberland County Court of Common Pleas Dated: August 12, 2014 Response; 1 1. I first applied to Orrstown Bank in 2007 for a construction loan so I could add on to an existing home, once construction was done the loan would be turned into a traditional loan. I was approved for the loan. Shortly after construction began I received notice that I was to be given two separate loans, a traditional loan and a home equity loan. At the time I questioned if I could afford such a high payment and was told that I could at my current salary. Within a year my salary decreased and I started to encounter financial difficulties. 2. I have contacted Orrstown Bank several times about consolidating my two loans into one mortgage that would lower my monthly payment and was denied. 3. When the Federal Government brought out the Mortgage Assistant Program I got the required paper work, filled the paper work out completely with supporting documents and took it to Orrstown Bank loan department in Camp Hill, PA. I was told that since Orrstown Bank had not received any government bailout money they did not participate in the program. 4. Once again I tried to refinance the two loans into one and was denied again due to debt to income ratio and at this time poor credit rating. 5. I tried to make partial 1St mortgage payments whenever I could but was basically told if I could not make a full payment at one time that it didn't really count as a payment. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 14-3899 CIVIL TERM IN MORTGAGE FORECLOSURE 6. Finally in December 2013 Orrstown Bank sent me a Borrower Response Package, or Mortgage Assistance Package, to fill out to try and correct my loan situation. I filled out all the paperwork and sent it back to Orrstown Bank with all the required supporting documents. I then received a conformation letter from Michael Blau of AVP -Loss Mitigation and Collections that he received all my information and will contact me when the process was complete. 1 never heard back from him and when I ask Orrstown Bank about the letter I was informed the "he no longer worked for the company". I ask about the paper work that I had filled out and was told I could refill out the Mortgage Assistance Package again. I was sent the information via e- mail. At this time the foreclosure process was already started by Orrstown Bank. 7. I feel that I have been a victim of a Predatory Loan and was set up to fail from the beginning. 8. I do not dispute the money I owe Orrstown Bank; I dispute the 1St and 2nd mortgages with extremely high interest rates that make my monthly payments excessively high. I request consideration of having the two mortgages put into one mortgage at the current interest rates. This will lower my monthly payment to a more reasonable monthly J= nif- L. Wright 329: Colony Court, Apt 110 Greenville, NC 27834 (717)329-1891 2 FAFILESTlients112633 Orrstown Bank \ 12633.10 Wright \12633.10.pra.reinstate.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff THE PRO THONO TA i0 2014 SEP -5 AM 9: Q CUMBERLAND COUNTY PENNSYLVANIA ORRSTOWN BANK, Plaintiff V. JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 14 - 3899 CIVIL TERM IN MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above -referenced matter. MARTSON LAW OFFICES Date: / , 2014 By: Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Orrstown bank. Any information obtained will be used for that purpose. F:\FILES\Clients\12633 Orrstown Bank \12633.10 Wright\12633.10.as.2.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff -1C Y• r'L�O-0 THE r ROTHONO !i—`s. .;. 2Oli OCT 28 Pik 3: 02 OU PENNSYLVI\N COPliA ORRSTOWN BANK, Plaintiff v. JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 14 - 3899 CIVIL TERM : IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in the above captioned matter was personally served upon Defendants Judy A. Shank and Shirley M. Wright on October 23, 2014. Attached is the Return of Service form signed by the Beaufort County Sheriff's Office. Sworn to and subscri ed before me this a day October, 2014. Ndta MARTSON LAW OFFICES By C �_ Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2015 MEMBERS PENNSYL.NANIA ASSOCIATION OF NOTARIES This is a debt collecting firm attempting to collect a debt for Dickinson College. Any information obtained will be used for that purpose. R. ALAN JORDAN SHERIFF Office of the Sheriff Or(5-4--own bank Plaintiff VS Judy A 51/10-vk 4-361411q WriY* 1 ETURN OF SERVICE I certify that this summons was received and served as follows: Defendant Case Number: 144 — 38 q q ✓ By delivering to the defendant named above a copy of the summons and complaint. 1---13y leaving a copy of the summons and complaint at the dwelling house or usual abode of the defendant named above with a person of suitable age and discretion then residing therein. As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named below. Name of Person with whom copies left (If Corporation, give title"Y Other manner of service (specify) Defendant was NOT served for the following reason: Office: 252-946-7111 Fax 252-946-09'93 Rc sidence: 252-946-7544 Date Received 0 C T 01 2014 Date Returned Sheriff of Beaufort County Sworn before me On the day of , 2013 My commission expires: R A:3,i) By: ✓CY /'/G —''. ty Sheriff , Notary 210 North Market Street Washington, North Carolina 27889 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Judy A. Shank 111 Alderson Road Washington, NC 27889 Shirley M. Wright 111 Alderson Road Washington, NC 27889 MARTSON LAW OFFICES By Dated: 0/02.rA M&ry'l. Price 10 East High Street Carlisle, PA 17013 This is a debt collecting firm for Orrstown Bank attempting to collect a debt. Any information obtained will be used for that purpose. F:\FILES\Clients\12633 Orrstown Bank \12633.10 Wright \ 12633.10.Shank.Wright.Praecipe for default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F�.Pri0 HONU TAP' 2 1311i NOV 26 PM 12: 46 C OSP ENNSYrLVANIT Y ORRSTOWN BANK, Plaintiff. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 14 - 3899 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above -captioned action in favor of Plaintiff and against Defendants Judy A. Shank and Shirley M. Wright, in the amount of $157,372.42, plus interest from June 24, 2014, at the rate of $23.65 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Defendants on November 13, 2014, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES Dated: /1/04/Jr- By: ( 1�— Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney 1.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON LAW OFFICES I0 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 14 - 3899 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK. and SHIRLEY M. WRIGHT Defendants TO: Judy A. Shank 111 Alderson Road Washington, NC 27889 : IN MORTGAG.E FORECLOSURE IMPORTANT NOTICE DATE OF NOTICE: November 13, 2014. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER. LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MAR ON LAW OFFIC S By:\ \CI opher E. R S. Haynes This is a debt collecting firm attempting to collect a b bt for Orrsto nn Bank. Any information obtained will be used for'hat purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants TO: Shirley M. Wright 111 Alderson Road Washington, NC 27889 : NO. 14 - 3899 CIVIL TERM : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE DATE OF NOTICE: November 13, 2014. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MART JN LAW OFFICsAS pher E. R.1 e A • S. Haynes This is a debt collecting firm attempting to collect a • bt for Orrstosk r , ank. Any information obtained will be used for hat purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 14 - 3899 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendants Judy A Shank and Shirley M. Wright, above named, are not in the military service of the United States ofAmerica, that he has knowledge that the said Defendants' last known address is: 111 Alderson Road, Washington, North Carolina, 27889. Said Defendants' places of employment are unknown. Sworn to and subscribed before me this,2 j day of November, 2014. Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary public rlisle Boro, Cumberland County My Commies Expires Aug. 18, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 14 - 3899 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendants Judy A Shank and Shirley M. Wright was given to them by mail on November 13, 2014. Sworn to and subscribed before me this day of November, 2014. N o to Public Christopher E. Rice, Esquire QOMMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Catisle Born, Cumberland County M Commission Expires Aug. 18, 2015 MEMO NYI.NANSA AsSO6[ATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shirley M. Wright 111 Alderson Road Washington, NC 27889 Judy A. Shank 111 Alderson Road Washington, NC 27889 Jennifer L. Wright 3298 Colony Court, Apt. 110 Greenville, NC 27834 MARTSON LAW OFFICES a• Mary . Price 10 E t High Street Carlisle, PA 17013 Dated: / //c ‘//7 This is a debt collecting firm attempting to collect a debt for Orrstown Bank. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 14 - 3899 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants TO: JUDY A. SHANK : IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the Z 64 day of . L (/e '.v 2014, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $157,372.42, plus interest from June 24, 2014, at the rate of $23.65 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. Date: (( LC ((y I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Judy A. Shank 111 Alderson Road Washington, North Carolina, 27889 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 14 - 3899 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN MORTGAGE FORECLOSURE TO: SHIRLEY M. WRIGHT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the h day of f1J0.),e4V2014, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $157,372.42, plus interest from June 24, 2014, at the rate of $23.65 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. Date: (1/2 Prothonotary 'l 1 I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Shirley M. Wright 111Alderson Road Washington, North Carolina, 27889. F:\FILES\Clients\12633 Orrstown Bank \12633.10 Wright\ 12633.10.Judment on Pleadings.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C 10 CUMBERLAND COUNTY PENNSYLVANIA ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 14 - 3899 CIVIL TERM JENNIFER L. WRIGHT, JUDY A. SHANK, and SHIRLEY M. WRIGHT Defendants : IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes the Plaintiff, ORRSTOWN BANK, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Motion for Judgment on the Pleadings, as per Pennsylvania Rules of Civil Procedure Rule 1034, and in support thereof, states the following: 1. Plaintiff, Orrstown Bank ("Plaintiff'), is a Pennsylvania corporation located at 77 East King Street, Shippensburg, Pennsylvania 17257. 2. Defendant Jennifer L. Wright ("Defendant") is an adult individual residing at 3298 Colony Court, Apartment 110, Greenville, North Carolina, 27834. 3. Co -Defendants Judy A. Shank and Shirley M. Wright ("Co -Defendants") are adult individuals residing at 111 Alderson Road Washington, NC 27889. 4. Defendant, along with Co -Defendants, are the owners of the real property located at 59 Blue Pond Road, Newville, Cumberland County, Pennsylvania 17241("Real Property"). 5. Defendants have failed to make monthly payments, as set forth in the Note (as hereinafter defined), when due. 6. Plaintiff has made demands for payment of all sums due and owing thereunder, but payment has been refused. 7. Plaintiff provided Defendant with notice of the period in which Defendant's default may be cured, but Defendant has failed to cure the default. 8. On July 3, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant and Co -Defendants. 9. Defendant signed for the Complaint, which was served via certified mail on July 9, 2014. 10. Co -Defendants were served with the Complaint on October 23, 2014 via Beauford County Sheriff Service. 11. Co -Defendants failed to answer the Plaintiff s Complaint within the required 20 -day time period. 12. On November 13, 2014, Plaintiff sent Notice of Intent to File Default Judgement to Co -Defendants. 13. On November 24, 2014, Plaintiff filed a Praecipe to Enter Default Judgment against Co -Defendants, which was granted on November 26, 2014. 14. On August 18, 2014, Defendant filed a pro se Response to Plaintiff's Complaint in Mortgage Foreclosure. 15. In her Response, Defendant claims she was not given the opportunity to consolidate her loans into one mortgage. (Defendant's Response, ¶2). 16. Defendant further claims she was the victim of predatory lending, and disputes the first and second mortgages with "extremely high interest rates that make her monthly payments excessively high". (Defendant's Response, ¶¶ 7-8). 17. As evidenced by the note ("Note"), signed by Defendant and Co -Defendants on May 22, 2007, all parties promised to pay the principal and interest to the order of the lender, which is the Plaintiff. A true and correct copy of the Note is attached herewith s Exhibit "A". 18. Defendant was not forced to sign the mortgage or Note by Plaintiffs, and Defendant did so freely, with full knowledge of the consequences if she, or her Co -Defendants, defaulted on the loan. 19. Furthermore, Defendant's Response does not dispute the money she owes Plaintiff for her default under the Note. (Defendant's Response, ¶8). 20. A motion for judgment on the Pleadings is proper whenever there is no genuine issue of any material fact in dispute and the moving party is entitled to judgment as a matter of law. In re Weidner, 895 A.2d 11, Super 2006. 21. Judgment on the Pleadings is proper only where "the pleadings evidence that there are no material facts in dispute such that a trial by jury would be unnecessary." John T. Gallagher Timber Transfer v. Hamilton, 2007 PA Super 273, 932 A.2d 963, 967 (Pa. Super Ct. 2007). 22. Defendant's Response states, inter alia, "I do not dispute the money I owe Orrstown Bank..." (Defendant' Response, ¶8). 23. Based on Defendant's admission that she has defaulted on her loan and owes Plaintiff principal, interest, late fees, costs, and attorney's fees, as set forth in the Note, and Defendant has not provided any factual basis to rebut her default and acceleration of the loan under the mortgage, Plaintiff's Motion for Judgment on the Pleadings should be granted. 24. This is the second mortgage foreclosure action filed by the Plaintiff against the Defendants in the past three years. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff's Motion for Judgment on the Pleadings, and allow the foreclosure to proceed accordingly. Date: �/ ts-G /O , 2014 MARTSON LAW OFFICES By: �4 c Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Orrstown bank. Any information obtained will be used for that purpose. EXHIBIT "A" NOTE May 22, 2007 (Date) SHIPPENSBURG, PA (City / State) 59 BLUE POND ROAD, NEWVILLE, PA 17241 (Property Address) BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. 9148,000.00 (this amount Is called "Principal"), plus Interest. to the order of the Lender. The Lender is ORRSTOWN BANK. I will make all payments under this Note In the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the 'Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.375%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and Interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on July 1, 2007. 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of Its scheduled due date and will be applied to Interest before Principal. If, on June 1, 2037, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the 'Maturity Date." I will make my monthly payments at ORRSTOWN BANK, SILVER SPRING OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG, PA 17257 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. 5923.33. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment.' When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. 111 make a partial Prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and lb) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated es a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED IA) Late Charges for Overdue Payments It the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, 1 win pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. MULTISTATE FIXED RATE NOTE --Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 1 of 2 i (B) Default If 1 do not pay the hill amount of _., h monthly payment on the date it is due, I will be default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain da(ai the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that °'•.+ amount. That date must be at least 30 days after the date on which the notice Is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even If, at a time when I am In default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am In default at a later time. (El Payment of Note Holder's Costs and Expenses If the Note Holder hes required me to pay Immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder et the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. B. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made In this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promisee made In this Note. The Note Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment end Notice of Dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if i do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in hill of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any pert of the Property or any Interest In the Property Is sold or transferred (or if Borrower is not a natural person and a beneficial Interest In Borrower is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. If Lender exercises thls option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. PAY TO THE ORDER OF WITHOUT RECOURSE ORRSTOWN 6�1NK R. ALAN PATTON VICE PRESIDENT MULTISTATE FIXED RATE NOTE—Single Family—Fannle Mae/Freddie Mao UNIFORM INSTRUMENT Page 2 of 2 ea R L WRIGHT - Borrower (Sign Original Only) Form 3200 1/01 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shirley M. Wright 111 Alderson Road Washington, NC 27889 Judy A. Shank 111 Alderson Road Washington, NC 27889 Jennifer L. Wright 3298 Colony Court, Apt. 110 Greenville, NC 27834 MARTSON LAW OFFICES ry'I. Price 10 East High Street Carlisle, PA 17013 Dated: `O %,.-- This is a debt collecting firm attempting to collect a debt for Orrstown Bank. Any information obtained will be used for that purpose. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE ri t3 (entire caption must be stated in full) rT2 r1-7 cn Orrstown Bank ,�- cJ Vs. [ Jennifer L. Wright, Judy A. Shank, Shirley M -r-- © 14-3899 Civil No. Term 1. State matter to be argued (Le., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: Christopher E. Rice, Esquire, Martson Law Offices, (Name and Address) 10 East High Street, Carlisle, PA 17013 (b) for defendants: Jennifer L. Wright (pro se), 3298 Colony Court, Apt. 110, (Name and Address) Greenville, NC 27834 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 6, 2015 Signature lfpt5ircied/ 1. ,e (Gr Fi ij C3 Print your name Plaintiff 72— /0 / Attorney for Date: ( � #/9 5P� p C 29,29 1. Original and two copies of all briefs must be filed with the COURT n3 /4 y4t) ADMINISTRATOR (not the Prothonotary) before argument. �G 7h 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. INSTRUCTIONS: