HomeMy WebLinkAbout05-3076
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005- 307 b
CIVIL TERM
V,
KENNETH L. STINE and
TERESA S. STINE,
husband and wife,
2 STROHM ROAD
SHIPPENSBURG, PA 17257
Defendant.
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you, You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
. .
ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PAl 7257,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2005-
CIVIL TERM
V.
KENNETH L. STINE and
TERESA S, STINE,
husband and wife,
2 STROHM ROAD
SHIPPENSBURG, PA 17257
Defendant.
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys,
O'BRIEN, BARIC & SCHERER, 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 Kenneth L. Stine, is an adult individual residing at 2 Strohm Road,
Shippensburg, Cumberland County, Pennsylvania 17257
3. The Defendant Teresa S. Stine, is an adult individual residing at 2 Strohm Road,
Shippensburg, Cumberland County, Pennsylvania 17257
1
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4, By Deed acknowledged on October 2, 1998, James David Stine conveyed the
premises described in Exhibit "A", attached hereto and made a part hereof, to Kenneth L. Stine
and Teresa S. Stine, This Deed was recorded in the Cumberland County Record Book 186, Page
1089, et seq., all of which pages are incorporated herein by reference and made a part hereof.
The premises are further described as being 2 and 4 Strohm Road, Shippensburg, Cumberland
County, Pennsylvania.
5, On or about October 2, 1998, Kenneth L. Stine and Teresa S. Stine, as
Mortgagors, made, executed and delivered a written Promissory Note secured by a Mortgage
made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described
in Exhibit "A". This Mortgage was recorded in the Cumberland County Office of the Recorder
of Deeds for Cumberland County on October 9,1998, at Cumberland County Record Book 1488,
Page 775, et. seq., all of which pages are incorporated herein by reference and made a part hereof.
6. A true and correct copy of the aforesaid Promissory Note is attached hereto and
made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is
attached hereto and made a part hereof as Exhibit "C".
7, Defendants have defaulted under the terms and conditions of the Mortgage and
Promissory Note by failing to make payment for the months of February, March, April and May,
2005.
8. Defendants are the present record owners of the premises described in Exhibit "A"
and are the real owner of the premises.
2
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9. Plaintiff served Notice of Plaintiffs Intention to Foreclose on the real estate of
Defendant and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983
(Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing
on April 29, 2005,
10, Attached hereto and marked as Exhibit "0" is a true and correct copy of the
combined Act 6 and Act 91 Notice provided to Defendants,
1 1, Attached hereto and marked Exhibit "E" are true and correct copies of the
certified mail receipt and the certificate of mailing for the combined Notice served on
Defendants.
12, Under the terms of the Mortgage and Promissory Note, if any monthly payment of
principal and interest is not made when due or any other obligations of the Promissory Note or
Mortgage is not met, then the entire indebtedness owing on the Mortgage and Promissory Note
obligations shall become due and payable immediately at the declaration of Mortgagee.
13. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid
balance of principal and interest as immediately due and owing.
3
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14. The following amounts are presently due on the said Mortgage and Promissory
Note calculated to June 2, 2005:
Principal
$43,682,26
Interest to 6/2/05
(per diem of$l 1.07)
$ 963.1 1
Late Charges
$ 7.50
Reasonable Attorney fees
fixed by Plaintiff for
purposes of this Complaint
(5% of principal debt)
$ 2.184.1 1
TOTAL:
$46,836.98
WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of
$46,836.98 plus interest thereafter at the contract per diem from June 2, 2005, and costs and
expenses against Defendants, Mortgagors and real owners and seeks foreclosure and Sheriff's
Sale of the mortgaged property in Exhibit "A" hereto.
Respectfully submitted,
David A. Baric, Esquire
LD. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff,
Orrstown Bank
dab.dir/orrstownbanklstine/complaint. pld
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71 72495755
OBS
PAGE 07
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembl.ed by my attorney in thi.s litigation. The .Ianguage of the statements is not my own, I
have read the statements; and to the extent that they are based upon information which I have
given to my cOLlnsel, they are true and correct to the best of my knowledge, information and
belief. I understand tbat false statements herein are made subject to the penalties of 18 Pa.C.S, S
4904 relating to unsworn falsifications to authorities,
DATE:
6 9,o~
vf" 1:;, 't 9 ~J~ .
Betsy J. Smith
Collector
O,cJ20-2004 15:40
from-PREMIER ABSTRACT
+243 noo
T-Q30 P.003l011
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JAHES DAvtQ S~INS. 8~~gle per3~n, of 4 S~~O~ Road.
PennaYlv4niA 17~S?
""GRANToR" .
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.u:NN:ETH IaIl:E &TINS ,*c;ld. 'r2Uell, S. STINE, husband and wife. of 2
!t=ohm Read. Shi~po!:\.bu1:'g. Penn.lilylvania. ~'7251.
.QRJurrEI!:S. .
WITNt:SSETH. t~~ in considera.tion of the BUfII. of One (~l.OO'
Dollar, 1n lIal"ld paJ.c:l. C.hQ receipt whareof 1. hareby aeknowledgl!!d,
the said Grant:.or ~Cc::; heraby' grane: and convey in fee simple to
said Granc.ees.. the:.i.r hci:1"3 and usign&, to Xannaeh Lee seine and
Td~c.a S. seine. h~ub~ftd ~nd ~lt~, an ~nQlv1QeQ Qnc*half 1ncere.,
in.
ALL that ce~=al~ tract ot lan~ wLth tk~ i~~QYe~tnto thereon
lu'cetfod Iilit:uated in SOI.ll::halllpr:on 'I'OWd.fllh1p, C~~et'l..ncl ~nt)',
9onn8yl~nia. ~~a par~~e~l~.ly~undcd an~ dc.c~i~ed~. (ollow.:
BEGINNING ac:. a ~t:lc. in thll!: Co~ru;r o.c Chc. int.~t'l!Ioect.icn
ot t.hc W"ln....l; aott.om. Ro,1d and ~hl!l: Cl.evar.~ur~ Road, thene.
along ch. ~lr.ut Bottom aoad. N~th .evenc:.Y-81x (76) degrees
East, 81$ pOi~~ =~1rty~five (5.351 parchaa co a post, chence
by h,nt! nOw or f:;)r\'llE!lrly of Isaac: Black, Sout:.h eleven. (111
degree.. -=~,gt, ocvcnt:.ccn {l1) perches to a post; thanee. Wort.h
.eventY-Ili.Lx ('1'1 dcgrGu East, _be: point five (5.5) p*rc:hu
'1:.0 a po1l1t; cha::.co ocrou an alley, sour:h eleve:fl. (l.U deg~et
2i1loGl;, fifteen (~~) min....ces to a ~(U!lltl cbel1ce by 14lnc:t now or
formerly of cyr..l~ A::.1Ua:l arA Al,);,Ql't Allen, $Q\lth .b;t:y~.cven
(67) degree. "e!J::. ::r.irl:.l:cn pClj,nt. t;h.~ <1.').)) f~c:t l;Q A
po1n~j thence a:ong C~~ Clevera~u.g Noed, No.~h ten An~ Qne~
h~lf Cl0~1 degrees W~8~. .e~~n~een~o1n~ .even (17.71 parcl,..
to l!l !J~int., tho p:'nco;: of BEGINNING. CONTAINING 121 perches.
IDCCI?:PTING AND ;U:SRRVI:1a from t\1fOS .abcve cor\veyat:lo~ all th~,
certain four feot wide ~:~i~ o! land fLf~y-nina fee~ in depth
-co, 1BG r.~!1089
EXHIBIT "A"
Dlc-Zi-Z004 15:40
. ,
From-PREMIER ABSTRACT
+2433390
T-D3i P.004/011 F-rSO
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on tke E~~tern 9ide of s~~1 lot hercinabO~e conveyed abyttln~
on r.h.o Wall1ut 8Q~!:om Road and eh.e. wi.dt.h inlOlieue:li a.nd
~'encling t}W.t w~dth sC\Jchcut ill:. right aJ'\glee eo the aaLd
:l;'I;)Ad Qt: the depeh lr.d!.:::atc13 hfu:'elr\bc;fore. C:on.tain1ng 1:\110
hundr~d thi~~y-&ix aq~~:e feet.
8,ElING ).;ooWQ and n\JJ\\bet"ctl as 2 5t.E'Qhm noad ~U\d " Sl::r"htIt Ro,...!,
Shippenaborg. Pennaylv&di& ~~257.
seING the same prrlfni8et: conveyed by POJ:Iald L. SUn!: iand.
rlo~nce ~. s.~~, h\1sbllond ;l.nd ~i:h. DY decl! dDted January 11.
19" and. %'IIJCONed :Ln the OlfiC'c of the RAc:orcler ot! Dc.de of
Cumbe~land county, Pcn~eylv.niA. in Oeed B~k 152, p~ge 344. uneo
Kcaneth Lec St.:i,:t:.e and 7trua S. StlJ\B, hU8N1\d at\d wife, as
tena~t8 by the D~t1rcl:Y a~ co ~n undivided one-half intereot) <<~
Ja1PC8 tlilvid Sl:.inB. singll:: pl!l:r;aOll, as C;Q an undividBd one..balf
in~ereBt and uach u~divid.d on~-half interest ~~ T8nan~8 in Common
(~nd no~ wic" the ~i9ht or Su~ivoroh1pl. The effcet of this ~eed
is to vest full tee QWnersh~a in I:.he ~bOve ~escr~bed ~e81 c~ta&e
in the G~ntBe~. -
Thi9 conveyance is b~tw~cn brot~r and brQ~her aad ther8tQ~
is exempt frOM ro~l~y tran9fc~ tax ~nd the obliga~1on to file a
gtatement of val~e.
~. che G~ld G~~cor h~reby _arraa~ Bfccial~y the property
herein conveyed.
IN HI1W2SS ~HEREOr. the r.aid Granto~ dOBS herc~y set his hand
and 8e~1 the day ~d yc~~ ~1ru~ above wrie~en.
W};~,~_:;_
~f)~
am.' David stine
tS&A,1,.J
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2
blJ~! 186 r,I'f1090
Dlc-Z9-Z0Q4 15:40
from-PREMIER ~BSTRACT
+Z43 3390
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COfV(owgAl:m Of' PRNNSYLV~lA
...
COtINfY OP CUMDSllLAND
On c.his, I;.hQ d/n&eay of (),1'Zl~D~ . 1998, befQJ:'1#
Me, t:he undarc:i.gt.t~ficcr, pel"DQMl y aPilC",ted Jame. J).vld
S~ine, single ~e~aon. known co me Cor 8ati.fae~ory proven! co ha
~he parson whoee na~a is ~~~=cri~ to tho wtthin Instr~m~n~, acd
ackno.....J.t:dged. t:hat he c)Cl:cut=d sa.me t:01O t,l\& pu:rpgIilC..o t.he1"ein
oontained.
IN W%T~ESS WHEREO~. t
h~r~~~to set my han~ a~d offi~1Al Deal.
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I I!o herl!by cer::ify l;.hat. the precioc ree;ldence and. eomplotc
poet otU.:e addrBsB 0:: t.h~ ....J,.e.hin named GRANTEES 1s KetlJ'l.ech rlfOR
.,;;/?'/;;Chm R~O:..:hi"n"M?ktJr ~;,I:;. ,
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lOll! 166 PJCE1091
.
T-Q39 P.Q05/Qll
F-Tsa
PROMISSORY NOTE
:' i-LOan No
't9n~~i
'gil238S'~;m
Borrower:
KENNETH L STINE (SSN: 201-42-(341)
TERESA S. STINE (SSN: 201-54-5060)
2 STROHM RD.
SHIPPENSBURG, PA lnS7
Lender:
ORRSTOWN BANK CC Q) ~1f
King Street OIIIce 0
P.O. Box 250
T7 East King Street
Shlppensburg, PA 1n57
Principal Amount: $57,000.00 Interest Rate: 9.250% Date of Note: October 2, 1998
PROMISE TO PAY. I promise to pay to ORRSTOWN BANK ("Lender"), or order, In lawlul money 01 the United Slales or America, Ihe principal
amount 01 Filly Seven Thousand & 001100 Dollars ($57,000.00), togelher with Interest at the rate 019.250% per annum on the unpaid principal
balance from October 8,1998, unlll paid In 1tJ1I.
PAYMENT. I will pay this loan In 180 payments 01 $58ll.71 each payment. My flrsl payment Is due November 22, 1998, and all subsequent
paymenls are due on the same day 01 each month aner Ihal. My flnal payment will be due on October 22, 2013, and will be lor all principal and
all accrued Interest not yet paid. Payments Include principal and Inleresl. lnleresl on this Note is computed on a 365/365 simple interesl basis:
that is, by epplylng the ratio of the annual interesl rale over the number 01 days in a year (366 during leap years), multiplied by the outslanding principal
balance, mullipUed by the actual number 01 days the principal balance is oulslanding. I will pay Lender at Lender's address shown above or al such
olher place as Lender may designale In wriling. Unless olherwise agreed or required by applicable law, payments will be applied first to accrued
unpatd interest, then 10 principal. and any remaining amount to any unpaid collection costs and late charges.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will
not, unless agreed 10 by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they wiU
,educe Ihe principal balance due and may result in me making fewer payments.
LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% 01 the regularly scheduled payment or $2.50, whichever Is le50S.
DEFAUlT. I will be in defaull if any of the following happens: (a) I fail 10 make any payment when due. (b) I break any promise I have made to
Lender, or I fail to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement
related to this Note, or in any other agreement or loan I have with lender. (c) Any representation or statement made or furnished to Lender by me or
on my behalf is false or misleading in any material respect either now or at the lime made or furnished. (d) I die or become insolvent, a fecelver is
appointed for any part of my property, I make an assignment fOf the benefit of creditors, or any proceeding is commenced either by me or against me
under any bankruptcy or insolvency laws. (e) Any creditor tries to take any ot my property on or in which Lender has a lien or security interest. This
includes a garnishment of any of my accounts with Lender. (r) Any of the events described in this default seclion occurs with respect to any guarantor
of Ihls Nole.
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 detault wit! have occurred) if I, after receiving wriUen notice from Lender demanding
cure of such delaull: (a) cure the defaull within fifteen (15) days; or (b) il Ihe cure requires more than fifteen (\5) 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 delaull, Lender in mosl cases will send me a notice of defaull by registered or certified mail. If I do not cure the default
within thirty (30) days from the poslmarked date of Ihe notice, Lender may declare Ihe entire unpaid principal balance on this Note and all accrued
unpaid inleresl immedialely due, and then I will pay thaI amount. If, however, (a) I have abandoned the Property, (b) I previously have been given
two (2) notices of default within a one .1) year period, or (c) other extreme circumstances exist which jeopardize the Property, Lender may, after giving
such notices as required by applicable taw, declare the entire unpaid principal balance on this Note and aU accrued unpaid interest immediately due,
and then I will pay that amount. Lender may hire or pay someone else 10 help colleclthis Note if I do nol pay. I also wijl pay Lender that amount This
Includes, subject to any limits under applicable law, Lende~s allorneys' rees and Lender's legal expenses whether or nol there is e lawsuil, including
anorneys' fees and legal expenses for bankruptcy proceedings (including ellorts 10 modify or vacate any automalic slay or injunction), appeals, and any
anticipated post-judgmenl collection services. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided
by law. 1f judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate
provided for in this Nole. This Note has been delfvered to Lender and accepted by Lender In Ihe Commonwealth 01 Pennsylvania. IIlhere is a
lawsuit, I agree upon Lender's request 10 submit 10 Ihe jurlsdlcllon ollhe courts 01 CUmberland County,lhe Commonwealth or Pennsylvania.
This Nole shall be governed by and construed in accordance with the laws 01 the Commonwealth 01 Pennsylvania.
RIGHT OF SETOFF. I grant to Lender a contractual security interest in, and hereby assign. convey, deliver, pledge, and transfer to Lender all my right,
title and interest in and 10, my accounts with Lender (whether checking, saVings, oc some other account), including withoullimilation all accounts held
jointly with someone else and an accounts I may open in Ihe future, excluding however all IRA and Keogh accounts, and all trust accounts for which the
grant of a security interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing
on this Nole against any and a" SUCh accounts.
COlLA.TERAL. This Nole is secured by, in addition to any other collateral, a Mortgage dated October 2, '998, to Lender on rea) property '~aled in
CUMBERU\ND County, Commonwealth of Pennsylvania, alllhe terms and conditions of which are hereby incorporated and made a part of ttus Note.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of i1s rights or (emedies under this Note without los;ng them. I and any. olher
person who signs, guarantees or endorses this Nato, to the extenl allowed by law, waive presentment, demand for paYrr.'en1. protest and notice of
dishonor. Upon any change in the terms of this Note, and unless olherwise expressly slated 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, (r~peatedly and
for any lenglh of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's secunty I~terest In the
collateral. All such parties also agree that Lender m~y 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 "", "me", and "my" mean each and aU of the
persons signing below.
EXHIBIT "B"
.1~2>-1998
Loan No 13-26706
PROMISSORY NOTE
(Continued)
Page 2
PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDeRSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO
COSIGNER SET FOR11l Baow. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWlEDGE RECEIPT OF A
COM~:::ZNOTE.
~~~
ETH L. STINE ..............
x._\\€t}&.~;;jli?K~~
ESA S. STINE
/(~,;~~::::.~:::',~~':
.~
.:......:,...........:
NOTICE TO COSIGNER
You life beIng esked to gUllfentee this debt. Think cerefully betore you do. If the borrower doesn' pay the debt, you wl\l have 10. Be sure
you can atIord to pay II you hIVe to, end that you want to ae<:eptthls responslbl\lly.
You may have to pay up to the full amount of the debllllhe borrower does not pay. You may also have to pay lale lees Or COllecllon Cosls,
Which Increase thIs amount.
The lender can collect this debt trom you wllhoul flrsl tryIng to cOllect from the borrower. The lender can use the same collecllon methods
agaInst you that can be used agaInsllhe borrower, such as suIng you, garnIshIng your wages, etc. It this deblls ever In default, that fact may
become a part of YOUR credit record.
This notice Is not the contract that makes you liable lor the debt.
Fixed Rate. Installment.
lASCR PRO. R6g. U.S. Pal. & T.M. Off., Ver. 3.28 (c) 1998 OFI ProSer'llces, Inc. AlIrlghl$ reserved.IPA-020 04903RAV.LN G5.0vq
,
P.O. Belx 250
n.East King Street
Shlppensburg, PA 17257
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v'. MtiLilLMW COUNiY~f'A
'98 OCT 8 Pfl/ 3 58
WHEN RECORDED MAIL TO:
ORRSTOWN BANK
P.O. Box 250
n Easl King Street
Shlppeilsburg, PA 17257
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE IS DATED OCTOBER 2, 1998, between KENNETH L. STINE and TERESA S. STINE, whose
address is 2 STROHM RD., SHIPPENSBURG, PA 17257 (referred to below as "Grantor"); and ORRSTOWN
BANK, whose address is P.O. Box 250, 77 East King Street, 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 righi, IiIle, and interost in and to Ihe following described real property, togelher with all existing or subsequenlly
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 snd ditch rlghls (Including stock in utilities with ditch or irrigation rights); and all
other rights, royalties, and profits relating to the real properly, including withoullimilation all minerals, oil, gas, geothermal and similar mailers, located
in CUMBERLAND County, Commonwealth of Pennsylvania (the "Real Property"):
SEE ATTACHED
The Real Property or its address is commonly known as 2 STROHM RD., SHIPPENSBURG, PA 17257.
Grenlor presently assigns to Lender all of Granlor's right, litle, and Inlerest in and to all leases of the Property and all Renls from the Property. In
add\\lon, Grantor grants 10 Lender a Uniform Commercial Code security Interest In the Per~onal Property and Rents.
DEFINITIONS. The foilowing words shell have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shail
have the meanings allributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of
the United States of America.
Granlor. The word "Grantor" means KENNETH L. STINE and TERESA S. STINE. The Grantor Is the mortgagor under this Mortgage.
Guaranlor. The word "Guaranlor" means and includes without i1mitalion each and all of the guarantprs, sureties, and accommodation pariles in
conneclion with Ihe Indebtedness.
Improvements. The word "Improvements" means and includes without limitation 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 and Interest payable under the Note and any amounts expended or advanced by
Lender to discharge obligations of Grantor or expenses incurred by Lender to enforce obligalions of Grantor under this Mortgage, together With
interest on such amounts as provided In this Mortgage.
Lender. The word ''Lender" means ORRSTOWN BANK, ils successors and assigns. The Lender is the mortgagee under this Mortgage.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender, and inciudes without limitation ail assignments and security
interest provisions relating to the Personal Properly and Rents.
Nole. The word "Note" means Ihe promissory note or credit agreement dated October 2, 1998, in the original principal amount of
$57,000.00 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 this Mortgage Is October 22, 2013.
Personal Property. lhe words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or herealler owned
by Grantor, and now or hereafler allached or afllxed to the Real Property; together wllh all accessions, parts, and additions 10, ail replacements of,
and all substitulions for, any of such property; and together with all proceeds (including wilhout limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of Ihe Property.
Properly. The word "Property" means collectively the Reai Property and Ihe Personal Property. The word "Property" also includes all mobile
homes, modular homes, and similar structures, now or hereafter situated on the Real Property, and such struclures shall be and shall remain Real
Property regardless of whether such structures are aflixed to the Real Properly and Irrespective of Ihe classification of such structures for the
purpose of tax assessments. The removal or addition of axles or wheels, or the placement upon or removal from a concrete base, shall nol alter
the characterization of such structures.
Real Property. The words "Real Property" mean the property, interesls and rights described above in the "Grant of Mortgage" section.
Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instrumenls, agreements and
documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and IU.t:. oJ rents, rovenues, ~ncor;1e, is~uer.. royalties, profits, hnd other benetits derived (rom the
Property.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (1) PAYMENT OF THE fNDElHEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS
MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender ail amounts secured by this Mortgage
as they become due, and shall strictly perform all of Granlor's obligations under thIs Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor acrees that Grantor'" nn<:'~A:::':.;,..r: <:Inrl ".,.".. ../1"-_ 0.____>.. -"--" '--
'. 10..02-1998
Loan No 13-26706
MORTGAGE
(Continued)
Page
threatened Iitigetion or claims of any kind by any person relallng to such mailers; end (c) Except es previously disclosed to and acknowledged t
lender In writing, (I) neither Grantor nor any tenant, contractor, agenl or other authorized user of the Property shall use, genera Ie, manufactur
Slors, Ireat, dispose of, or release any hazardous waste or substance on, under, about or from the Property and (ii) any such activity shall t
conducted in compliance with all applicable federal, stale, and local laws, regulaUons and ordinances, including without limitation those law
regulalions, and ordinances described above. Granlor authorizes Lender and Its agents 10 enter upon the Property to make such Inspecllons an
tests, at Grantor's expense. as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Ar:
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 th
part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence I
Investigating the Property for hazardous waste and hazardous subslances. Granlor hereby (aJ releases and waives any future claims agaioo
Lender for indemnity or contribution in the event Granlor becomes liable for cleanup or other costs under any such laws, and (b) agrees I,
indemnify and hold harmless Lender against any and all claims,losses, liabilities, damages, penalties, and expenses which Lender may directly c
indirectly sustain or suffer resulting from a breach of this section of the Mortgage or 8S a consequence at any use. generation, manufacturE
storage, disposal, release or threatened release of a hazardous waste or substance on the properties. The pro.isions 01 this section of Ih
Mortgage, Including the obliga"on to indemnify, shall survive the payment of the Indebtedness and the sallsfactlon and reconveyance of the lien c
this Mortgage and shall not be aHected 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 0' or waste on or to Ihl
Property or any portion of the Property. Wilhoutlimltlng the generality of the foregoing, Grantor will not remove, or grant to any olher party Ih.
right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender.
Removal of Improvements. Grantor shall nol demolish or remove any Improvements from the Real Property without the prior written consent 0
Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements sal/sfactory to lender 10 replaCE
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable times to altend te
Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditlons of this Mortgage.
Compliance with Governmenta' Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable 10 the use or occupancy of the Property. Grantor may contest In good faith any such law,
ordinance, or regulallon and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender In
writing prior to doing so and so long as, In Lender's sole opinion, Lender's Interests in the Property are not Jeopardized. Lender may require
Grantor to posl adequale security or a surety bond, reasonably satisfaclory to Lender, to protect Lender's Interest
Duty 10 Prolect. Grantor egrees neither to abandon nor leave unallendad the Property. Grantor shall do all other acts, in addition 10 those acts
sel torth 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 LENOER. Lender may, at ils option, declare immediately due and payable all sums secured by this Mortgage upon the
sale or transfer, wifhout the Lender's prior wrillen 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 therein; whether legal, bene1icial or equitable; whether voluntary or
involuntary; whether by oulright sale, deed, Installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three
(3) years, lease-option contracl, or by sale, assignment, or transfer of any beneficial interest In or to any land trust holding tiUe to the Real Property, or
by any other method o~ conveyance 01 Real Property lnterest. It any Grantor is a corporation, partnership or limited liability company. transfer also
includes any change In ownership of more than twenty-five percent (25%) of the voling stock, partnership Inlerests or limited liability company interesls,
as the case may be, of Grantor. 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 reialing to the taxes and liens on the Property are a part of this Mortgage.
Payment. Grantor shall pay whan due (and In all events prior to deilnquency) alltaxas, payroll taxes, special laxes, assessments, waler charges
and sewer service charges levied against or on accounl 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 all liens having priority over or equal to the Inleresl 01
Lender under this Mortgage, except for the lien ollaxes and assessments not due, and excepl as otherwise provided In Ihe following paragraph.
Right To Contest. Grantor may wilhh"ld 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
(15) ,days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge ot the lien, or I~
requested by Lender, deposit with Lender cash or a sufticlsn! corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any cosls and allorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Granlor shall defend itself and Lender and shall satfsfy any adverse judgment before en10rcemant against the Property. Grantor shall
name lender as an additional obligee under any surely 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.
Nollce of Conslructlon. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any
materials are supplied to the Property, jf 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 10 insuring the Property are a part of this Mortgage.
Maintene.nce Of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis tor the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, an.d with a standSfd 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 confaining a
stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notIce to Lender and nol containing
any disclaimer of the insurer's liability for failure to give such nolice. 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 ot Grantor or any other person. Should the Real
Properly al any lime become iocated In an erea designated by the Director of the Federal Emergency Management Agency as a special flood
hazard area, Granlor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance Of the loan, up to the maximum
pOlicy limits set under the National Flood Insurance Program, or as otherwise required by Lender. and 10 maintain such insurance for the term of
the loan.
Application 01 Proeeeds. Grantor shall promp\ly notily Lender of any loss or damage to the Property. Lender may make proof of loss jf Granfor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's sacuritv Is. imnAirAn I antiar n"t"" ...1 ;1.. ~I~~U__ u_1.. &L._ - - .
10. .02-1998
Loan No 13-26706
MORTGAGE
(ContInued)
Page
favor of, and accepted by, Lender In conneclion with this Mortgage, and (b) Grantor has the full right, power, and authortty to execute and dall'
this Mortgage to Lender.
Defense of Tille. SUbject to the exception In the paregraph above, Grantor warrants and will forevar defend tha title to the Proparty agalnstt
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest at Lender under II
Mortgage, Grantor shall dafend the action at Grantor's expense. Grantor may be tho nominal party in such procoeding, but Lender shall ,
entitled 10 participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver,
cause to be delivered, to Lender such instruments as Lender may request from time to lime to permit such partlclpalion.
Compliance With Laws. Grantor warrants that the Proparty and Grantor's use of the Properly complies with all existing applicable la.
ordinances, and regulations of governmental authorities.
CONDEMNATION. The following provisions ralatlng to condemnation at the Property are a part otlhls Mortgage.
Application of Net Proceeds. If all or any part 01 the Proparty is condamned by eminent domain proceedings or by any proceeding or purche:
in lieu of condemnation, Lender may at ils election require that all or eny portion of the net proceeds of the award be applied to the Indebtedne,
or the repair or restoration of the Property. The net proceeds of the award shall mean the award aller payment of all actual costs, expenses, ar
atlorneys' fees incurred by Lender In conneclion with the condemnation.
Proceedings. If any proceeding In condemnallon is filed, Grantor shall promplly notify Lender in writing, and Grantor shall promptly taka sue
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but lender shall b
enlitJed to participate In the proceeding and to be represented in the proceeding by counsel of Its own choice, and Grantor will deliver or cause 1
be delivered to lender such Instruments as may be requested by it from time '0 time to permit such participation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. Tha following provisions ralaling fo governmantal taxes, fe.
and charges are a pari of this Mortgage:
Current Taxes, Fees and Charges. Upon raquest by Lander, Grantor shall exacut. such documants in addition to this Mortgaga and tak
whatavar othar aclion is raquested by Lender \0 perfect and conlinue Lander's Iian on tha Raal Proparty. Grantor shall reimburse Lender for a
taxes, as described below, together with all expenses Incurred in recording, perfecling or continuing this Mortgage, including without Iimltallon a
taxes, faes, documentary stamps, and othar chargas for racordlng or registering lhis Mortgage.
Taxes, The following shall constitute taxes to which this section applies: (a) a spaclfic tax upon this type of Mortgege or upon all or any part c
the Indebtadness secured by this Mortgage; (b) a specltic tax on Grantor which Grantor is authorized or raquirad to deduct from payments on thr
indebtedness secured by this typa of Mortgaga; (c) a tax on this type of Mortgage chargeabie agalnsttha Lender or the holdar of tha Note; anc
(d) a spaclfic tax on all or any portion of the Indebtadnass Of on payments of princ\paland Intaresl made by Grantor.
Subsequant Taxas. If any tax to which this section appllas is enactad subsequantto tha data of this Mortgaga, this event shall hava the sam.
effect as an Event of Default (as defined below), and Lender may exercise any or all of Its available remedies for an Event of Default as providec
beiow unless Grentor aither (a) pays the tax befora it becomes delinquant, or (b) contests fha tax as provided abova in the Taxas and Ua",
section and deposits with Lander cash or a sufficlenl corpoeate sueety bond or other security satIsfactory to Lender.
SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions raialing to fhis Mortgage as a security agreemant are a part of this
Mortgage.
Security Agreement. This instrumant shall constitute a security agraementto tha extent any of the Proparty conslitutes fixturas or other personal
proparty, and Lender shali have all of the rights at a securad party under tha Unltorm Commerciai Coda as amendad from lima to lime.
Security Interest. Upon raquast by Lander, Grantor shall axecute financing statements and take whatever other action is requested by lender tc
parfect and continue Lender's security Inlarast In the Rants and Parsonal Property. in addilfon to recording this Mortgage In the real property
records, Lender may, at any time and without furthar authorization from Grantor, file executad counterparts, caples or reproductions 01 this
Morlgage as a financing statement. Granlor shall reimburse Lendar for ail expenses Incurrad In pertectlng or continuing this security interast.
Upon dafault, Grantor shail assemble tha Parsonal Property in a manner and at a place reasonably convenient to Grantor and Lander and makalt
available to Landar within three (3) days allar receipt 01 written demand from Lender.
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), afe as staled on the first page of this Mortgage.
FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to furfher assurancas and attorney-In-tact are a part ot this
Mortgage.
Further Assurances. At any time, and from time to time, upon request of Lender, Granlor wlll 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, eeliled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appeopriate, any and all such mortgages.
deads of trust, sacurlty deeds, securlty agreements, financing statements, continuation statemants, instruments of further assuranca, cartificatas,
and other documants as may, In tha soia opinion of Lander, be nacessary or desirabia in order to effecluata, complate, partect, continue, or
praserve (a) tna obligations of Grantor under the Nola, this Mortgage, and tha Ralated Documants, and (b) tha Uans and security intaresls
craaled by this Mortgaga as first and prior Iians on the Proparty, whathar now ownad or herealler ecqulred by Grantor. Unless prohibltad by law
or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender foe all costs and expenses incurred in connection with the malters
refereed to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of tha things referred to in the preceding paragraph, lender may do so for and in the name of
Grantor and at Grantors expense. For such purposes, Grantor hereby Irrevocably appoints lender as Grantor's attorney-in-fact tor the purpose
of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, 10
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise perfoems all the obligations Imposed upon Grantor under this
Mortgage, Lender shall execute and deliver to Granlor a suitable satisfaction of Ihis Mortgage and suitable statements of termination of any financing
statement on file evidencing lender's security interest in the Rents and the Personal Properly, Grantor will pay, if permitted by applicable law, sny
reasonable terminatton fee as determined by Lender from time to time.
DEFAULT. Each of tha foliowing, at the oplion of Lender, shall constitute an avent of default ("Event of Defaull") under this Mortgaga:
Default on Indebtedness. Failuee of Grantor to make any payment when due on the Indebtedness.
Default on Olhar 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 10 effeCI dischurg& of allY Ii..::n.
Compliance Delaull, Failure of Granlor to comply with any othar tarm, obligation, covanant or condition containad in fhis Mortgaga, the Note or In
any of the Ralated Documanls.
.' 10..,02-1998
Loan i~o 13-26706
MORTGAGE
(Continued)
Page
preceding twelve (12) months. it may be cured (and no Event of Default will have occurred) if Grantor, atter Lender sends written notil
demanding cure of such failure: (a) cures the faUure within fltleen (15) days; or (b) If the cure requires more than fitleen (15) days, ImmediatE
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produl
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time therealler, Lender, at Its option, may exercl:
anyone or more of the following rights and remedies, In addition to any other rights or remedies provided by law:
Defeult Notices. In most cases, Lender will send Grantor a notice of default by registered or certified mall. If the default Is not cun
within thirty (30) deys from the poatmarked date of the nollce, Lender may declare all Indebtedness Immedletely due end payabla I
provided herein. If, howaver, (I) Grantor haa abandoned the Property, (II) Grantor has prevloualy been given two (2) notlcea of defa,
within a one (1) year period, or (III) other extreme clrcumatancea exist which Jeopardize the Property, Lender may declare I
Indebtedness Immediately due and payable as provided herein, without nollce.
Accelerate Indebtedness. Subject to applicable law, Lender shaU .have the right etlts option without notice to Grantor to declare the enlil
Indebtedness immediately due and payable.
UCC Remedies. With respect to aU or any part of the Personel Property, Lender shaU have aU the rights and remedies or a secured party und,
the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Renls, Including amoun
past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lend,
may require any lenant or other user of the Property to make payments of rent or use fees direclly to Lender. If the Rents arB collected by Lande
then Grantor irrevocably designates Lender as Grantor's attorney-In-fact to endorse instruments received in payment thereof In the name I
Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand Sh!
satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise I
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 pert 01 the Property, with the power I
protect and preselVe the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply tn
proceeds, over and above the cost of the receivership, agalnst the Indebtedness. The receiver may selVe without bond If permitted by ia,
Lender's right to the appointment of a receiver shall exist whether or notthe apparent value of the Property exceeds the Indebtedness by
substantial amount. Employment by Lender shall not disqualify a person from selVlng as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Granlor'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 eny part of the Personai Property or the Rei
Property by nonjudicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining In the Indebtedness due to Lender atler application of a
amounts received from the exercise of the rights provided In this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property atler the Property Is sold as provided above or Lender otherwis
becomes enlitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sulterance of Lender or the purchaser (
the Property and shall, at Lender's option, ellher (a) pay a reasonable renlal for the use of the Property, or (b) vacate the Property immedlatel
upon the demand 01 Lender.
Other Remedies. Lender shall have all other righls and remedies provided in this Mortgage or the Nole 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. I
exercising Its rights and remedies, Lender shall be free to sell all or any part 01 the Property together or separately, In one sale or by separat
sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. . Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time atle
which any private sale or other intended disposition of the Personal Property is to be made. Unless othelWise required by applicable lalA
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition.
Waiver; Elecllon of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver 01 or prejudice Ihl
party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall nc
exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under this Mor1gagl
atler failure of Grantor to perform shalf not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
Allorneys' Fees; Expenses. If Lend~r institutas any suit or action to enforce any of the terms 01 this Mortgage, Lender shall be entitled to recove
such sum as the court may adjudge reasonable as allorneys' fees at trial and on any appeal. Whether or not any court action is involved, a
reasonable expenses incurred by Lender that in Lender's opinion are necessary at any lime for the protection of Ifs Interest or the enlorcement c
lis rights shall become a part 01 the Indebtedness payable on demand and shall bear Interest from the date of expendllure until repaid at the ratl
provided for in the Note. 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 alforneys' fees for bankruptcy proceeding:
(including efforts to modify or vacate any automatic stay or Injunction), appeals and any anticipated post-judgment collection selVlces, the cosIo
searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the exten
permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any notice under this Mortgage shall be in writing
may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered, or when deposited With a natlonalll
recognized overnight courier, or, it mailed, shall be deemed effective when deposited in the United States mail first class, certified or registered mail
postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under lhj~
Mortgage by giving formal written nolice 10 the other parties, specifying that the purpose of the notice Is to change the party's address. All copies 01
notices 'of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent 10 Lender's address, as shown near the beginning
of this Mortgage. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pari of this Mortgage:
Amendments. This Mortgege, together with any Related Documents, constitutes the entlle understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amenrfment to this Mortgage shall be effective unless given in writing and signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Aoollcable Law. This Mortaaa8 has been dallvered In t",ntf,.,r Ann At"".nt.tf hv I .n....r In th. ('''ft'lft'I''nUl...lth ft' D............lu.nl. Thl..
. iO-02-1998
Los" No 13-26706
MORTGAGE
(Continued)
Page E
othelWise to demand strict compliance with that provision or any other provIsion. No prior waiver by Lender, nOf any course of dealing betweer
Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any tuture transactions. Whenev91
consent by Lender is required In this Mortgage, the granting of such consent by Lender In any Instance shall not constitute continuing consenllc
subsequent instances where such consent is required.
~:~~S~RAfNTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
THIS MORTG E HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GRAN/TO;: tt.. /
, ,.-,/./
./ .. CA
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( X :::::::.::::":::L:JjJ~/~f.~;:1i~(~~$k;}::i.;?}}.:?,:,::::::.;.. :::-':::"',:".',/'..::.
. ~ENNETH L. STINE.
/
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In the pre....nce ot:
Witness
CERTIFICATE OF RESIDENCE
I hereby certify, Ihalthe precise eddress of Ihe mortQagee, ORRSTOWN BANK, herein Is as follows:
P.O. Box 250, n East King Street, Shlppensburg, PA 17257
. INDIVIDUA{AS
STATEO~N,v.sy/t.J/7A/"/J ) ) .
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COUNTY 0 /?1'/;C'~ /OHV )
)
(I-
On this, the~mL dey of (Yr7lJiJ,oV ,19J2f!. before me
undersiQned No ary Public, personally appeared KENNETH L. STINE and TERESA S. STIN
whose names are subscribed to the within instrument, and acknowladged Ihallhey executed I
In witness whereof, I hereunto set my hend end ofltctal seal.
I-/~J
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or the SJ.lie,pr' ,. ......... .': ....
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Notarial Seal . ~,~~." ..:.
Peggy A. Gilson, Notary Public "'. .-,
Shl~nsbu~ Boro. Cumberland County
My Comml..lon Expires Aug. 31, 2000
Member. Plnneylvanll Aslocllllon of Noterl"
LASER PRO, Rllg. U.S, Pal. & T.M. Off., Ver. 3.28 (c) 1998 eFt Pro5ervk:es, Inc. AJlrlghtsre5ervod.IPA-G03 04 3AAV.LN C3S.0VLj
700j OS-O D 0003 '7s-Yf II~
~
ORRSTOWN
BANK
t(Q)~Y
November 2, 2004
KENNETH L. STINE
TERESA S. STINE
2 STROHM ROAD
SHIPPENSBURG, PA 17257
Via Certified Mail
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgaQe 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 30 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 Aaencies
servina 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 "D"
PO Box 250' Shippensburg. PA 17257' (717) 532-6114' (717) 532-4143 Fax. www.orr<tnVJn rn~
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):
KENNETH L & TERESA S. STINER
PROPERTY ADDRESS: 2 STROHM ROAD
SHIPPENSBURG, PA. 17257
LOAN ACCT. NO.: 130026706
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDERISERVICER: ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT') , YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEF:AULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL, .
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 (301
DAYS. 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 tender may NOT take action against
you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers
of desiQnated consumer credit counselina aaencies 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 immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
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 {BrinQ it UP to datel.
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 2 STROHM ROAD, SHIPPENSBURG, PA 17257
IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE
PAYMENTS for the following months and the following amounts are now past due: AUGUST 22ND__
~588.71, SEPTEMBER 22ND__$588.71 & OCTOBER 22ND__$588.71
Other charges (explain/itemize): LATE CHARGES--$5.00
'.
TOTAL AMOUNT PAST DUE: ~ 1,771.13
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of
this $1,771.13,
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Pavments must be made either bv cash, cashier's check, certified check
or monev order made pavable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
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 riQhts to accelerate the mortQaQe 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 mortQaQe property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff 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 attorney's 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, vou still have the riQht
to cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale. You may
do so by pavinQ the total amount then past due, plus any late or other charQes 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 writinQ by the lender and by performinQ any other requirements under
the mortQaQe. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
..
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Orrstown Bank
P ,0. Box 250, 77 East Kina Street
Shippensbura, PA 17257
/717) 530-2661
/717} 532-4099
Betsy J. Smith
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 NOT sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR)
· TO ASSERT THE.' NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
~tJ~
BETSY J. SMITH, COLLECTION DEPT.
'.
..
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR CQUNTY.O
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6lh Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Financial Counseling Services of Franklin
31 West 3'd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
(U63 "S-Qo 000;$ /.:> '!Y NIl',!
~
ORRSTOWN
BANK
(C(Q)~y
November 2, 2004
TERESA S. STINE
KENNETH L. STINE
2 STROHM ROAD
SHIPPENSBURG. PA. 17257
Via Certified Mail
Return Receipt Requested
and Regular U. S. Mail
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortaaQe 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 paaes.
The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM IHEMAP) may
be able to help to save your home.
This Notice explains how the proaram works,
To see if HEMAP can help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when
YOU meet with the Counselina Aaency.
The name. address and phone number of Consumer Credit Counselina Aaencies
servin a your County are listed at the end of this Notice, If yOU have any Questions. yOU may
call the Pennsylvania Housina Finance Aaency toll free at 1-800-342-2397. (Persons with
impaired hearina 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.
PO Box 250. Shippensburg, PA 17257 . (717) 532-6114. (717) 532.4143 Fax. www,orrstown,com
, .
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. 51 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 REDlMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
KENNETH L & TERESA S. STINER
PROPERTY ADDRESS: 2 STROHM ROAD
SHIPPENSBURG, PA. 17257
LOAN ACCT. NO.: 130026706
ORIGINAL LENDER: ORRSTOWN BANK
CURRENT LENDER/SERVICER: ORRSTOWN BANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT') , YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL, \
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 (3D)
DAYS. 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 desionated consumer credit counselinQ aaencies 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 immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default) If you have tried and are unable to resolve this problem with the lender, 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, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FilE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOllOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WilL BE DENIED.
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 DEF AUl T (BrinQ it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 2 STROHM ROAD, SHIPPENSBURG, PA. 17257
IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE
PAYMENTS for the following months and the following amounts are now past due: AUGUST 22NO__
$588,71, SEPTEMBER 22ND._$588,71 & OCTOBER 22ND__$588.71
Other charges (explain/itemize): LATE CHARGES--$5.00
TOTAL AMOUNT PAST DUE: ~ 1,771.13
HOW TO CURE THE DEF AUL T - You may cure the default within THIRTY (30) DAYS of the date of
this $1.771.13.
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check
or money order made payable and sent to:
ORRSTOWN BANK
ATTN: BETSY SMITH
P.O. BOX 250
77 EAST KING STREET
SHIPPENSBURG, PA 17257
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 riahts to accelerate the mortaaae 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 mortaage property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff
to payoff 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 attorney's 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 reauired 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 riQht
to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale. You may
do so bv pavino the total amount then past due, plus any late or other charQes 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 writino by the lender and by performino any other requirements under
the mortQaQe. 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:
Address:
Phone Number:
Fax Number:
Contact Person:
Orrstown Bank
P.O. Box 250. 77 East Kina Street
Shippensbura. PA 17257
{717\530.2661
(717\532-4099
Betsv J, Smith
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 NOT sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied:
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT
TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE' NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
~ /Lffi
BETSY J. SMITH, COLLECTION DEPT.
'. .,
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan Harrisburg
North 6th Street
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 234-9459
Community Action Comm. of the Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Fax (717) 234-2227
Bedford-Fulton Housing Services
RD #1, Box 384
Everett, PA 15537
(814) 623-9129
Fax (814) 623-7187
Financial Services Unlimited
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
~
Financial Counseling Services of Franklin
31 West 3'd Street
Waynesboro, PA 17268
(717) 762-3285
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
Fax (717) 334-8326
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
Fax (717) 731-9589
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
Fax (717) 637-3294
U.s. POSTAL SERVICE
CERTIFICATE OF MAILING
Received From
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ORRSTOWN BANK
77 EAST KING STREET
SHIPPENSBURG, PA 17257,
Plaintiff,
V.
KENNETH L. STINE and
TERESA S. STINE,
husband and wife,
2 STROHM ROAD
SHIPPENSBURG, P A 17257
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
3()7~
NO. 2005- ~ CIVIL TERM
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued without
prejudice.
Date: July 19,2005
dab.dir/orrstownbanklstine/discontin De. pra
Respectfully submitted,
David A. BaIic, Esquire
LD. # 44853
19 West South Street
Carlisle, P A 17013
(717) 249-6873
Attorney for Plaintiff
!I-
CERTIFICATE OF SERVICE
I hereby certifY that on July 19, 2005,!, David A Baric, Esquire of O'Brien, Baric & Scherer,
did serve a copy of the Praecipe To Discontinue, by first class U.s. mail, postage prepaid, to the
party listed below, as follows:
Kenneth L. Stine
Teresa S. Stine
2 Strohm Road
~'W=b~'13w /
David A Baric, Esquire
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