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HomeMy WebLinkAbout14-6739 SupremeCa nnsylvania Courf flCU111IIl0 ' leas For Prothonotary Use Only.- Docket nly.Docket No: Cu a in f` County The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace the f ling and service of lendings or other a ers as required by law or rules of court. FCommencement of Action: E) Complaint 0 Writ of Summons © Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E CLead Plaintiff's Name: Lead Defendant's Name: Orrstown Bank Troy W. Porter Sr., Sherry R. Porker T I Dollar Amount Requested: Dwithin arbitration limits Are money damages requested? Yes No O (check one) [X outside arbitration limits N Is this a Class Action Suit? 0 Yes G1 No Is this an MDJAppeal? 0 Yes !Xi No A Name of Plaintiff/Appellant's Attorney: David A. Baric, Esquire 0 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other Board of Elections 0 Nuisance Dept.of Transportation S 0 Premises Liability Statutory Appeal:Other r i Product Liability (does not include mass tort) 0 Employment Dispute: SlanderiLibel/Defamation Discrimination C [-� Other: Employment Dispute:Other 0 Zoning Board T0 Other: I — 0 Other: 0 MASS TORT [__i Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other; 0Ejectment 3 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin Legal © Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 11112011 ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257, Plaintiff NO. /L/ — X73 CIVIL TERM V. CIVIL ACTION-LAW TROY W. PORTER, SR. and SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD r • c� NEWBURG, PA 17240 and KERRY R. CHARLES WORTH- i -2a s-- -r HALKIAS ; ,— :7zl. 2500 DEWEY LANE r� a ENOLA, PA 17025, cD-T Defendants �?'�? « v; -z NOTICE TO DEFEND = �^' You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street ��'�• 5 Carlisle, Pennsylvania 17013 / (717) 249-3166 ��313 L sg ORRSTOWN BANK IN THE COURT OF COMMON PLEAS OF 77 EAST KING STREET CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG, PA 17257, Plaintiff NO. CIVIL TERM V. CIVIL ACTION-LAW TROY W. PORTER, SR. and : SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, : Defendants COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown"), by and through its attorneys, BARIC SCHERER LLC, and files the within Complaint and, in support thereof, sets forth the following: 1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Troy W. Porter, Sr., is an adult individual whose last known residence address is 257 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240. 3. The Defendant, Sherry R. Porter, is an adult individual whose last known residence address is 257 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240. 4• By Deed dated March 29, 2004, Sherry R. Porter conveyed the premises described in Exhibit "A"attached hereto and made a part hereof to Troy W. porter, Sr. and Sherry R. porter. 5• On or about March 29, 2004, Troy W. Porter, Sr. and Sherry R. porter, executed a Promissory Note over to Orrstown Bank("promissory Note"). A true and correct copy of the Promissory Note is attached hereto as Exhibit `B"and is incorporated rp rated by reference. 6. The Promissory Note provided for the recovery of attorney y fees by Plaintiff. The Promissory Note provided for the recovery of costs incurred b collect the debt owed. Y plaintiff to 8. On or about March 29, 2004, Troy W Porter, Sr. and Sherr R Mortgagors, made, executed and delivered a written Mortgage to Plaintiffy ' porter, as as Mortgagee on the Premises described on Exhibit "A." This Mortgage was recorded in the Cum Office of the Recorder of Deeds on April 2, 2004 at Cumberland CCumberland County County Record Book Volume 1859, Page 2015 et seq, all of which pages are incorporated herein b reference rence and made a part hereof. 9• A true and correct COPY of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C." 10. The Defendant, Kerry R. Charlesworth-Halkias is an adult individual residence address of 2500 Dewey Lane, Enola, Cumberland Co with a County, Pennsylvania 17025. 11. By Deed dated December 13, 2012, Defendant, Kerry R. Charlesw became the record owner of the real property through Deed of the °rth"Halkias Tax Claim Bureau of the County of Cumberland to her. A true and correct copy of said Deed is attached "D"and is incorporated by reference. hereto as Exhibit 12. The Deed from the Tax Claim Bureau was based upon a tax upset sale and did not divest the lien of the mortgage of Plaintiff. 13. The Deed from the Tax Claim Bureau of the County of Cumberland was recorded at Instrument No. 201238989 at the Cumberland County Recorder of Deeds. 14. Defendants have defaulted under the terms and conditions of the Mortgage by permitting the transfer of an interest in the property without satisfying the mortgage. 15. Defendants have defaulted by failing to pay the debt due and owing under the Promissory Note and Mortgage. 16. Defendant, Kerry R. Charlesworth-Halkias, is the present record owner of the premises described in Exhibit "A"and the real owner of the premise. 17. Plaintiff served Notice of Plaintiff's Intention to Foreclose on the real estate of Defendant and provided Defendants with Notice of Defendants Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing on or about September 2, 2014. 18. Attached hereto and marked as Exhibit "E"are true and correct copies of the combined Act 6 and Act 91 Notice provided to Defendants. 19. Attached hereto and marked Exhibit"F"are true and correct copies of the certified mail receipts and the certificates of mailing for the combined Notice served upon Defendants. 20. Under the terms of the Mortgage, if any default occurs or any other obligations of the Mortgage are not met, then the entire indebtedness owing on the Mortgage obligation shall become due and payable immediately at the declaration of Mortgagee. 21. Defendants have failed to pay real property taxes for the property which are currently delinquent in the amount of$2,451.19. 22. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 23. The following amounts are presently due on the said Mortgage calculated to Principal $33,246.41 Interest to 11/04/14 $ 364.62 (per diem of$6.60) Late Charges $ 39.73 Other Charges $ 4,984.94 Reasonable Attorney fees $ 3,324.64 fixed by Plaintiff for purposes of this Complaint (10% of principal debt) TOTAL: $41,960.34 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $41,960.34 plus interest thereafter at the contract per diem from November 4, 2014, additional late fees coming due, actual attorney fees, costs and expenses against Defendants, Troy W. Porter, Sr., Sherry R. Porter and Kerry R. Charlesworth-Halkias, Mortgagors and real owner, seeks foreclosure and Sheriff s Sale of the mortgaged property in Exhibit "A" and seeks possession of the real property. Respectfully submitted DIBARIC2HERERja David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank VERIFICATION I, Linda K. Mowen, verify that the statements made in the foregoingCo and correct to the best of m Complaint are true MY knowledge, information and belief. I hereby ratify the verification previously supplied by my ,attorne , Davi Esquire and execute this verification as a substituted verifi y d A. Baric, cation. I understand that false statements herein are made subject t qw- naltie §4904 relating to unsworn falsifications to authorities. \ sof 18 Pa.C.S. Date: Linda K. Mowen Assistant Vice President Borrower's Assistance Department Orrstown Bank X10 � n 32 nvL'ERT P.ZIEGLER FII ,�T�n��ll�l>�,.,111ur�s0 •DER OF DEEDS ,:31.:i:LA0 COUNTY-;? itl R°R 2 R11 10 3G Parcel No.11-08-0601-029 ry/� DEED MADE THE C 7 U`' day of March,2004. BETWEEN SHERRY IL PORTER,married woman,of Cumberland County,Pennsylvania, hereinafter referred to as: Grantor, and TROY W-POP-TER-SPI and SHERRY R.PORTER,husband and wife,ofCumberlaud County,Pennsylvania,hereinafter referred to as: Grantees, In consideration of ONE AND 00/100(31.00)DOLLAR,the receipt whereof is hereby acknowledged,the Grantor does herebygrantand convey totheGrantees,astenantsbythe entireties their heirs and assigns: ALL that certain tract of land,with improvements erected thereon,lying and being situate in Hopewell Township,Cumberland County,Pennsylvania, bounded and described,as follows: BEGINNING at a white oak tree by lands formerly of C.S.Whistler now of Abram Byers South one and three-fourths(13/4)degrees East forty-three and three-tenths (43.3)perches to a post;thence by land formerly of William Neffnow,ofHarry Neff North eighteen and three fourths (18 3/4)degrees West forty-nit¢e and one tenths (49.1)perches to a post; thence by land formerly of Williams Neff'now of Harry Neff'South seventy-eight and one-fourth(7S 1/4)degrees East fourteen and five tenths(14.5)perches totheplaceofBEGINNMG.CONTAININGone(2)Acreand one hundred forty-nine(149)Perches. BEING the same premises which Cyril R Cassner,Jr.,and Ruby L.Lineawever, Executors under the Last Will and Testament of Violet O.Cassner,deceased,by Deed dated March 29,2004,and recorded in f�tmberland County,Pennsylvania Deed Book ,Page ,granted and conveyed a 25/69 interest unto Sherry R. Porter. Ed& Sherry R. Lineaweaver, Grantor herein. .ALSO BEING the same Premises which Cyril R-Cassner,Jr.,individually and as Executor of the Estate of Violet O.Cassner,and Ruby L.Lineawcaver,individually and as Executrix of the EXHIBIT "A11 Estate of Violet O. Cassner, by Deed dated March 29, 2004, and recorded in Cumberland County,Pennsylvania Deed Book ,page ,Scanted and conveyed a 44/69 interest unto Sherry R.Porter,married woman, 100•/ interest in the said premises is vested in the said Sheny R Porter,GThus rantor herein. AND the said Grantor hereby covenants specially the and agrees that she will warrant Property hereby conveyed. THIS CONVEYANCE IS FROM WIFE TO HUSBAND AND WUT AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX. IN WITNESS WHEREOF,said Grantor has hereunto set herhand and seal the dayand year first above written SIGNED,SEALED AND DELIVERED IN THE SENCE OF �r^ r„ �' �� �' —(SEAL) Sherry R P r COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND On this,the Z9 a day of March,2004,before me the undemi ed ojEeer is subscribe to the PORTER,bumntomeorsatisfictorilyproventobe�thepersonwho�e�uaml e is subscribed to the within instrument,and acknowledged that she executed the same for The Purposes therein contained. IN WITNMSS WHEREOF,I hereunto set my band and official seal. NotaryPublic ARY t+tCt MA a�°to10 NOW CI{WRf SM CJtDt6ERlAND CDUtitf I hereby certify that the precise residence and complete post office address of the within Grantees is 265 Three Square Hollow Road,Newburg, 0 Attorney for Grantees MARTSON DEARDORFF WILLIAMS bt OTTO M 0 ItaoAMott-Atmce-At VWACY ATTORNEYS&COUNSELLORS AT LAW TEN EASTAIGN STREET CARLISLE,PENNSYt VANIA 17013 E (.c:et+I tit is to be recorded. 'm:'*%odkind County PA TaxrRoNz(117)243-3341 FACSIMILE .....>':•-•�.7~� lk(xorder of Deeds 257 Three Square Hollow Road P.O.BOX 250 Newburg,PA 17240 SHIPPENSBURG, PA 17257 Principal Amount: $35,000.00 Interest Rate: 7.250% Date of Note: March 29, 2004 Maturity Date: August 30, 2027 PROMISE TO PAY. I("Borrower")jointly and severally promise to pay to ORRSTOWN BANK("Lender"), or order,in lawful money of the United States of America, the principal amount of Thirty-five Thousand & 00/100 Dollars ($35,000.00), together with interest at the rate of 7.250% per annum on the unpaid principal balance from March 29,2004,until paid in full. PAYMENT. I will pay this loan in 611 payments of $119.12 each payment. My first payment is due April 12, 2004, and all subsequent payments are due on the same day of every two weeks after that. My final payment will be due an August 30, 2027, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest;then to principal;then to any unpaid collection costs;and then to any late charges. Interest on this Note is computed on a 3651365 simple interest basis;that is, by applying the ratio of the annual interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5,000%of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity,the total sum due under this Note will bear interest from the date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note,or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if I, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes,subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, EXHIBIT "B" PROMISSORY NOTE Loan No: 8520005432 (Continued) Page 2 including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings,or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law, I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated March 29, 2004,to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address:ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", '.me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, 1,AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I,AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: 4. -.l i ....(Seal) :; ...: ;..•...,. ,,:,�.'f,�':::::::..;..;.:,;;..,.....�;:� :.::;:��,. ISea11 . Sher R,' Porter. LASER PRO Lmoing,ver.5,27.00.001 Cop,.Hwlmd FnnlchJ Svlvoone,lac.1997,2009. AO RighM Reserved. .PA GAMILPN020.FC TR-6867 PR•60 MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE dated March 29, 2004, is made and executed between Troy W. Porter, Sr. and Sherry R. Porter (referred to below as "Grantor") and ORRSTOWN BANK, whose address is P.O. BOX 250, SHIPPENSBURG, PA 17257 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See Attached The Real Property or its address is commonly known as 257 Three Square Hollow Road, Newburg, PA 17240. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and . Rents. THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $35,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions; Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that; (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of EXHIBIT "C" vuiY LU rennet. uidiiwl dylyda ut:Itt- lu auanuun or leave unattenaeo the rroperty. Urantor snarl do all other acts, In addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent,.of all or any part of the Real Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any right,title or interest in the Real Property;whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However,this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 0 5) days after the lien arises or, if a lien is filed, within fifteen 0 5) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 0 5) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work,services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum Policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen 0 5)days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will torever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered,to Lender such instruments as Lender may request from time to time to permit such participation. Pmceeamg, out Lenaer snail De entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes,fees,documentary stamps,and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. if any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or Gen) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will not apply. Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve P without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. nfromvalue of the Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (1) pay a reasonable rental for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees, Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and an anticipated records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent V P post-judgment collection services, the cost of searching permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail Postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any Person may change his or her address for notices under this Mortgage e bV giving formal written notice to the other person or persons specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed 9 , at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all nhr��.: :_ .. even it a provision of this Mortgage may be found to be invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at,any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors,and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Troy W. Porter, Sr.; and Sherry R. the Note. Porter and includes all co-signers and co-makers signing Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Troy W. Porter, Sr.; and Sherry R. Porter. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings,structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts,costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage,together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means ORRSTOWN BANK, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 29, 2004, in the original principal amount of $35,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is August 30, 2027. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Rea( Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights,as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: Vw Troy (Porter,Sr. Seal) Sherr R. Porte ~� (Seal) Signe n dge� d delivered in the presence of. X Witne s X CERTIFICATE OF RESIDENCE I hereby certify,that the precise address of the mortgagee, ORRSTOWN BANK, herein is as follows: KING STREET OFFICE, P.O.BOX 250, SHIPPENSBURG, PA 17257 Attorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) I COUNTY OF )SS CC ri2 ,; 61 e, ) r , On this, the GJ day of �•c l-`L , 20�, before me the undersigned Notary Public, personally appeared Troy W. Porter, Sr. and Sherry R,:.,:.Borter, known to me (or satisfactorily proven)to be the person whose names are subscribed to the within instrument, and acknowledge`d,..hat they executed the same for the purposes therein contained. In witness whereof,I hereunto set my hand and official seal. Notary Public in and for the NOT—ARIA S'EXL ' VICTORIA L. OTTO, NOTARY PO*11%EPARIISIFR ¢ USEq Pq0 lending,Ver,5.23.g0.0p1 Cao,,Herwnd FlnenclN Salv,ion,,1--1997,IOOq. qq gighta gwerved. .PA G:ICflLLPL1G03.FC Tq•Gge ORO. CUMBERLAND COUMY 006 Hopewell Township,Cumberland County,Pennsylvania,bounded and described,as follows: BEGINNING at a white oak tree by lands fonnerly of C. S.Whistler now of Abram Byers South one and three-fourths(13/4)degrees East forty-three and three-tenths (43.3)perches to a post; thence by land formerly of William Neff now of Harry Neff North eighteen and three fourths (18 3/4)degrees West forty-nine and one tenths(49.1)perches to a post; thence by land formerly of Williams Neff now of Harry Neff South seventy-eight and one-fourth(78 1/4)degrees East fourteen and five tenths(14.5)perches to the place of BEGINNING. CONTAINING one(1)Acre and one hundred forty-nine(149)Perches. BEING the same premises which Clarence Franklin,single man,by deed dated January 3, 1967 and recorded in Cumberland County,Pennsylvania Deed Book"U",Volume 22,Page 494,granted and conveyed unto Cyril R. Cassner Sr.,and Violet O.Cassener, his wife as tentants by the entireties. The said Cyril R.Cassner Sr.having died September 30, 1996 title vested entirely in Violet O.Cassner. A portion of the above conveyance includes property conveyed by Morris E. Rill and Martha S.Rill,his wife,by deed August, 13, 1998 and recorded in Cumberland County,Pennsylvania Deed Book 183,Page 719,unto Violet O. Cassner, widow. to t)e Fe-corded -t COLIMY PA ns� 1 F, i ( UPSET PRICE SALE � E TIMM Vurrau Drrhy l hit P96 Made this Ji ............................ day of .............December.........20_....12 between the TAX CLAIM BUREAU, of the County of Cumberland,Pennsylvania,as Trustee, Kery Halkias GRANTOR,and .......................................:......................................................................... .................................................................................................I....................... Grantee S6,072.63 itntillM4, that in consideration of$............................in hand paid,receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee,.Ahelr heirs and assigns, the certain premises situate in ..............Ilop ewellTow aship Cumberland County, Pennsylvania,as follows: 257 Three Square Hollow Read tar parcel N 11-09-0601-029 see Appendix A for Legal Description Troy W Sr.&Sherry R Porter Owner or reputed owner as returned to said Bureau 257 Three Square Hollow Road Newburg PA 17240 the saute having been sold by the Tax Claim Bureau to the said grantee,on the............ . y September 2012 of...........: ........I......................Anno Domini two thousand and.......................,........., after due advertisement according to law,the period of redemption for the payment of tax claims having expired without the property having been redeemed,or any tax Judgements heretofore having been entered against the described property having not been satisfied,or no agreement to stay the sale of the within described property having been entered into,or the within described real estate no longer remaining in possession of a sequestrator,by Upset Price Sale. under and by virtue of the Act of 1947 PL 1368(Real Estate Tax Sale Law), �3n Afititen ghereitf,said Grantor has hereunto caused this Deed to be executed by its Director the day and year first above written, TAX CLAIM BUREAU ON Signed, Sealed and Delivered CIIMBERLA NTY, PENNSYLVANIA, in the presence of: R T ................... .................................................................. By r.:, t: (SEAL) tr COMMONWEALTH OF PENNSYLVANIA !F: COUNTY OF CU.N4BE..RLAND Onthis.thc........................l.P�..................day of................. �r:......................................... 20.14 before me.the Prothonotary of the County of Cumberland.the undersigned officer•personally appeared Melissa F.Mizell Director of the Tax Claim Bureau of the County of Gunherland, Comutontvealth of Pennsylvania,known to me to be the person described in the foregoing instrument and acknowledged that he executed the same in the capacity therein stated and for the pur- pose., therein contained. Ptt 30ift tett Phereaf, I have hereunto set my d and official seal. .......... T...... ... MJ Commh,rm,;.t. i,,,t Mury�yelJ„�ION , (Errilflrtttr of Vroibettre I hereby :ertify that the precise residence of the grantee herein is as follows:................................ .......... Kery H:1'.das,P O flOX 4075,Harrisburg PA 17112......,.. �/J ..................................... r,..... .....,.. .... ..,....!................ Stephen D.Tilcy Cumberland County,Assistant Solicitor __�. EXHIBIT "Dill FS a v o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RECORDEDon this ........................ day of................,.....................................A.D. 20... , in the Recorder's Office of said County,in Deed Book.................Vol. ................, Page................, Given under my hand and seal of the said office,the date above written. ...................................... Recorder. Appendix"A" Tax Parcel No. 11-08-0601-029 Legal Description ALL that certain tract of land, with improvements erected thereon, lying and being situated in Hopewell Township,County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a white oak tree by lands formerly of C.S. Whistler now of Abram Byers South one and three-fourths(1 3/4)degrees East forty-three and three-tenths (43.3) perches to a post; thence by land formerly of William Neff now of Harry Neff North eighteen and three fourths (18 '/) degrees West forty-nine and one tenths (49.1) perches to a post; thence by land formerly of Williams Neff now of Harry Neff South seventy-eight and one-fourth(78 %<)degrees East fourteen and five tenths(14.5)perches to the place of BEGINNING. CONTAINING one(1)Acre and one hundred forty-nine (149)perches. BEING the same premises which Sherry R.Porter,married woman,conveyed to Troy W. Porter Sr., and Sherry R. Porter, husband and wife, by deed dated March 29, 2004 and recorded in the Cumberland County Recorder of Deeds Office in Book 262, Page 1702. sEvtU ez teAel hm. o.Poi RECOROFR'S USE ONLY REALTY TRANSFER TAX o�pl' COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE DEPARTMENT OF REVENUE .r BUREAU OF INDIVIDUAL TAXES DEPT.2eDW311)al.k.wdad HARRISBURG,PA 17128.0603 - See Roverse for Instructions { Complete each section and file in duplicate with Recorder of Deeds when(1)the full voluefconsiderolion is not set forth in the deed,(2)when the deed Is without consideration,or by gift,or(3)o tax exemption Is claimed.A Statement of Value is not required If the transfer is wholly exempt from fox based on:(1)family relationship or(2)public utility easement If more space is needed attach additional sheet(s). A CORRESPONDENT- All inquiries may be directed to the following person: Nome Telephone Number; Melissa F.Mixell Area C737( 240-6366 Street Ad ren City S1016 7jp CO-18- one o eOne Courthouse Square Carlisle PA 17013 IL. TRANSFER DATA Datr of Acceptancs of Document Si Troy Laserr.s�Sherry R Porter Grantees Leuses(s) y Kery Halkias Street Address Street A rest 2ST Three Square Hollow Road P 0 Box 4075 `Wlewburg Ale 17240 ip Code City Harrisburg 101e PA 171 ff ° e C, PROPERTY LOCATION t ffle Square Hollow Road c1y, ewm ip• oro pewell Township ct%Wnberiand County School District Shippensburg Area Tax Parcel Num er11-08-0601-029 D VALUATION DATA 1.Actual Cosh Consider".072.63 2.Other Const ration 0.00 3.Total Consideration $6,072.63 t 4.County Assessed Vo1-11160,600.00 5.Common Level Ratio Fslet� 6.Fair Mor et Vn ue $160,600.00 X E EXEMPTION DATA Ia.Amount of Exemption CMmr lb.Percentage at Interest Conveye 2. Check Appropriate Box Below for Exemption Claimed ❑ Will or intestate succession Namr OF Daredetl �(Estab Fi.Numbs) ❑ Transfer to Industrial Development Agency. ❑ Transfer to a trust.(Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer between principal and agent.(Attach complete copy of agency/straw party agreement.) ❑ Transfers to the Commonwealth,the United Stoles and Instrumentalities by gift,dedication,condemnation or in lieu of condemnalion. (If condemnation or in lieu of condemnation,attach copy of resolution.) ❑ Transfer from mortgagor to a holder of a mortgage in default. Mortgage hook Number Page Number ❑ Corrective or confirmatory deed. (Attoch complete copy of the prior deed being corroded or confirmed.) ❑ Statutory corporate consolidation,merger or division.(Attach copy of articles.) ❑ Other(Pleose explain exemption claimed,if other than listed above.) ._ Under penalties of low,I declare that I have examined this Statement,including accompanying Information,and to the best of my knowledge and b*I11af0rrz-t-ra`9-j—"--yect nd complete, Signature o n .1 f e P y Dole FAiL1)R O RM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE EC DER'S REFUSAL TO RECORD DEED. ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE,PA 17013 : a 717-240-6370 Instrument Number-201238989 Recorded On 12/17/2012 At 8:55:02 ANI *Total Pages-5 *Instrument Type-DEED Invoice Number-124634 User ID-SW *Grantor-PORTER,TROY W SR *Grantee-HALKIAS,KERY *Customer-TAX CLAIM *FEES STATE TRANSFER TAX $1,606.00 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $12.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA $803.00 SCHOOL DISTRICT HOPEWELL TOWNSHIP $803.00 TOTAL PAID $3,275.00 I Certify this to be recorded in Cumberland County PA RECORDER O D EDS "-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 012UCE III IIIII{lIIII�IIIIIIIIIIII i I r ORRSTOINN ANK A Tradition of Excellence September 2, 2014 9171 9690 0,935 0008 5075 15 Troy W. Porter, Sr. Sherry R. Porter 9171 9690 0935 0008 5074 92 257 Three Square Hollow Road Newburg, PA 17240 9171 9690 0935 0008 5075 08 Kerry R. Charlesworth-Halkias 2500 Dewey Lane Enola, PA 17025 luk k�T 9` 1 NO"UO" T It' E -00 a 1"0, in 10% AM& IL N 'gob, &Vft W 0 K 'a b I AmEAUTIU111 T%j AVEYUUK nuME FN1111% 0% KUM FORECLOSEURKEN% E This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling g Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the.Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT "E" LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Kerry R. Charlesworth-Halkias PROPERTY ADDRESS: 257 Three Square Hollow Rd., Newburg, PA 17240 LOAN ACCT. NO.: 8520005432 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: G IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, o IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND O IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice ( plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE YOUR APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARILY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 257 Three Square Hollow Rd., Newburg, PA 17240 IS IN SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: June 9th payment of $124.95, June 23rd payment of $157.35, July 7th payment of $157.35, July 21St payment of $157.35, August 4th Payment of$157.35, August 181h payment of$157.35 and September 1, 2014 payment of $157.35 totaling $1,069.05. Other charges (explain/itemize): LATE CHARGES--$83.05 TOTAL AMOUNT PAST DUE: 1 152.10 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: NIA HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,152.10 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: LINDA MOWEN 2695 Philadelphia Avenue Chambersburg, PA 17201 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A IF YOU DO NOT CURE THE DEFAULT— If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Orrstown Bank Address: 2695 Philadelphia Avenue Chambersburg, PA 17201 Phone Number: (717) 709-3033 Fax Number: (717) 264.3154 Contact Person: Linda Mowen E-Mail Address: imowen(a7orrstown.com. EFFECT OF SHERIFF'S SALE — You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of.the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. e TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. is TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) o TO ASSERT THE NONEXISTENCE OF A DEFAULT. IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. o TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 9 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Sincerely, ORRSTOWN BANK Linda K. Mowen Assistant Vice President Borrower's Assistance Dept. NMLS#1122413 SENT VIA REGULAR AND CERTIFIED MAIL CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Advantage Credit Counseling Service/ CCCS of Western Pennsylvania, Inc. PHFA 2000 Linglestown Road, Ste 302 211 North Front Street Harrisburg, PA 17102 Harrisburg, Pa. 17101 (888) 511-2227 (717) 780-3940 or 800-342-2397 Community Action Comm. of Capital Region PA Interfaith Community Programs, Inc. 1514 Derry Street 40 E. High Street Harrisburg, PA 17104 Gettysburg, PA 17325 (717)232-9757 (717) 334-1518 Marantha PathStone Corporation 43 Philadelphia Ave. 2150 Carlisle Road Waynesboro, PA 17268 Aspers, PA 17304 (717) 762-3285 (717)677-6150 Base, Inc. Housing Alliance of York/Y 447 South Prince Street Housing Community Lancaster, PA 17603 290 West Market Street (717) 392-5467 York, Pa. 17401 (717)-855-2752 PathStone Corporation PathStone Corporation 1625 North Front Street 450 Cleveland Ave. Harrisburg, PA 17102 Chambersburg, PA 17201 (717) 234-6616 (717) 264-5913 Advantage Credit Counseling Service Tabor Community Services, Inc. CCC of Western PA 308 E. King Street, Suite 1 55 Clover Hill Road Lancaster, PA 17601 Dallastown, PA 17313 (717) 397-5182 or(800)788-5062 (888) 511-2227 American Credit Counseling Institute Advantage Credit Counseling Service/CCCS of 227 E. Chestnut Street, 15' Floor Western PA Coatesville, PA 19320 Royal Remax Plaza (888) 212-6741 917 A Logan Blvd. Altoona, PA 16602 (888) 511-2227 CCCS of Northeastern PA CCCS of Northeastern PA 217 N. Center Street 1402 S. Atherton St. Sunbury, PA 17801 State College, PA 16801 (800) 922-9537 (814) 238-3668 (800)-922-9537 0 Borrower's Assistai UNITEDSTATES OUs—huSERYICE® Certificate Of Mail Th s i ami.ate a:Wada that man ns,.Cegn I �h USPStin fermi Thr,'tum may�vvdl bprtlC�•+nresirtc ar'AjrAt �' ++� 1��T r� From: OR1�.7 i Q Y�l Wx p ZT� a l N 2695 philade p a ��hny l..1 o Chamber- urg, A j' ua To: '; n(jV r4 PS Form 3817.April 2007 PSN 7530-02-000-9065 UNIMSTATES Borrower's Assistance POSTALSERYICE® Certificate Of Mailin 7n,cartdi,ato of hlatlr t prav:ae5 an lanes md(mad has C20n ta05anlav'IG U5P50ta m3!:r T h s term may eo used Ior:'matt+C and Itdematunal md0 From: ORNSTOWN 'RANK _.N 131 Chambersburg, PA 1720 0 NJ 0N ttd Io _SPS PS Form 3817,April 2007 PSN 7530-02-000-9065 uNSITDsdrEs Borro Ower's aLSYICEs Certifcads �Q TmsCa4•Lcataoaol4laAnppr;w,lr:;c.rlan:a:hatmfilmasEeannbsanlPdln+JSPi�°� v' f Th;S rdrm may usad h+•7nmrst¢aid inarnatroRdl mgt N O From: �' O-'(� �L t. N j b CO N L 2695 a e p awe. N o W j( Y .astm Here I ! 2 PS Form 3817,April 2007 PSN 7530-02-000.9065 EXHIBIT "F" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE QF i'ifE£4? ;RIFF c- _[.. . PRQTHCNO J I'i [JEE 10 PH 3: 24 CUMBERLAND COUNTY PENNSYLVANIA Orrstown Bank vs. Troy W Porter, Sr. (et al.) Case Number 2014-6739 SHERIFF'S RETURN OF SERVICE 11/21/2014 08:43 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Sherry R. Porter at 257 Three Square Hollow Road, Hopewell Township, Newburg, PA 17240. GUTSHALL, DEPUTY 11/21/2014 08:43 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Sherry Porter, Wife, who accepted as "Adult Person in Charge" for Troy W Porter, Sr. at 257 Three Square Hollow Road, Hopewell Township, Newburg, PA 17240. GUTSHALL, DEPUTY 12/01/2014 08:12 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kerry R Charlesworth-Halkias at 2500 Dewey Lane, Hampden Township, Enola, PA 17025. • JA N KINSLER, DEPUTY SHERIFF COST: $99.55 SO ANSWERS, December 03, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, Inc. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff V. TROY W. PORTER, SR. and SHERRY R. PORTER 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-6739 CIVIL TERM CIVIL ACTION -LAW c-) MORTGAGE FORECLOSURE U. cn 7� c-, Y -r PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 ca : TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendants, Troy W. Porter, Sr., Sherry R. Porter and Kerry R. Charlesworth-Halkias, for failure to file an answer to the Complaint of Plaintiff True and correct copies of the Notices of Default are appended hereto as Exhibit "A." True and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notices of Default were given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $41,960.34 as set forth in the Complaint together interest of $462.00 to January 13, 2015 with a per diem of $6.60 and costs of $421.12 for a total of $42,843.46. Respectfully submitted, BARIC SCHERELC J David A. Buie, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-6739 CIVIL TERM V. CIVIL ACTION -LAW TROY W. PORTER, SR. and SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, Defendants TO: Troy W. Porter, Sr. 257 Three Square Hollow Road Newburg, Pennsylvania 17240 Date of Notice: December 30, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BARIC SCHERER • C A David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-6739 CIVIL TERM V. CIVIL ACTION -LAW TROY W. PORTER, SR. and SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, Defendants TO: Sherry R. Porter 257 Three Square Hollow Road Newburg, Pennsylvania 17240 Date of Notice: December 30, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-6739 CIVIL TERM V. CIVIL ACTION -LAW TROY W. PORTER, SR. and SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, Defendants TO: Kerry R. Charlesworth-Halkias 2500 Dewey Lane Enola, Pennsylvania 17025 Date of Notice: December 30, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 U SMI/3 Certificate Of Mal. misCertiecete of McYI!!ggpiovllf96 9vltlence Bret Mature tieen"Iirosented (DUtiPS®ior rt misiaminey.be.usedfordonietticerldldtemetlonetmeth ' a rom: GariG &Atter U -i 16I 1�1es� Sough Sid' r7o Carlislti Pit 1101,3 Ta:'`rti U1 forkr, S� a511hrtc, Square, Notlo NewbUrq PA ' 1'I ago �J PS Form 3817, April 2001 PSN -7530-02.0049065 .,: rAMS Certificate Of Mani risstlt teq' alrieOl Woo r e'metimi tho. `Dien orasenfed to USP6®rormei From (Inc/ Sc cji%► {.ice, t Q ice. 11 Wt s . 301Alin StrqJd- brlislg,1 PA 11013 Shurn4 R. Porkr 51 I.01 Gwbur , rft riatO op • P w 3 +iE D —� o- 240—o Ew`zp�-f"a "©i >m e v n C30ao to: PS Pim 17, ApfII2007 PSN 7830-02.000.806 UMIEDSDN'E3 ; 0GSWS>?R I . Certificate Of Mailll This'CeitIffeeto of %kli w orovldeseeekeia:lhet mefl has-been pacentoo toUSPS®:for mea :mis-footl a useiiketiw_nteestllo enSintemetlonet:mea: From: n u sale er L f 11 to?,S1-SouT Sorter CartislL1 PA 11013 g,. tharizsworill- aSDbJ Qtwem Lanv i nolo, v CR 11 bA6 PS Potm3817;Aprn 2007 PSN 7530.02-000e9066 g m e342010.34E13 8 .3Pv«� I.Wzol-- s EXHIBIT "B 11 CERTIFICATE OF SERVICE I hereby certify that on January 13, 2015, I, David A. Baric, Esquire, of Baric Scherer LLC did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Troy W. Porter, Sr. 257 Three Square Hollow Road Newburg, Pennsylvania 17240 Sherry R. Porter 257 Three Square Hollow Road Newburg, Pennsylvania 17240 Kerry R. Charlesworth-Halkias 2500 Dewey Lane Enola, Pennsylvania 17025 David A. Baric, Esquire ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-6739 CIVIL TERM V. CIVIL ACTION -LAW TROY W. PORTER, SR. and SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Troy W. Porter, Sr. 257 Three Square Hollow Road Newburg, Pennsylvania 17240 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothonotary Date: /13 /S ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-6739 CIVIL TERM V. CIVIL ACTION -LAW TROY W. PORTER, SR. and SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Sherry R. Porter 257 Three Square Hollow Road Newburg, Pennsylvania 17240 Notice is hereby given to you of entry of a judgment aga st you in the above m Date: / • /3 `/S Prothonotary ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014-6739 CIVIL TERM V. CIVIL ACTION -LAW TROY W. PORTER, SR. and SHERRY R. PORTER MORTGAGE FORECLOSURE 257 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 and KERRY R. CHARLESWORTH- HALKIAS 2500 DEWEY LANE ENOLA, PA 17025, Defendants NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Kerry R. Charlesworth-Halkias 2500 Dewey Lane Enola, Pennsylvania 17025 Notice is hereby given to you of entry of a judgent a: inst Date: " /31C the above . er. Prothonotary