HomeMy WebLinkAbout01-3512
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THE PEOPLES STATE BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
No. 01,3)/2-. G~ ,~
RANDY L. LAWRENCE
and SHARON A. LAWRENCE,
Defendants
Mortgage Foreclosure
NOTICE TO DEFEND
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166 or 1-800-990-9108
A VISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de
las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20)
dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar
comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus
defensas 0 sus objeciones alas demandas en su contra.
Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamado en la
demanda 0 por cualquier otra queja 0 compensaci6n reclamados por el Demandante.
USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OSTROS DERECHOS
IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA
o LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA
A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, Pennsylvania 17013
TeIefono No. (717) 249-3166 or 1-800-990-9108
THE PEOPLES ST ATE BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
CIVIL ACTION - LAW
No. 01- 3S 1..2 ~"',u........
RANDY L. LAWRENCE
and SHARON A. LAWRENCE,
Defendants
Mortgage Foreclosure
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, TO WIT, this6~day of June, 2001, comes Plaintiff, The Peoples State
Bank, by its attorneys, Countess Gilbert Andrews, and files the within Complaint in
Mortgage Foreclosure as follows:
1.
The Plaintiff, The Peoples State Bank, is a Pennsylvania banking corporation organized
and existing under the laws of the Commonwealth of Pennsylvania, having an office at 100
East King Street, East Berlin, Pennsylvania, 17316.
2.
The Defendants, Randy L. Lawrence and Sharon A. Lawrence, are adult individuals
whose last known address is 234 Fox Drive, Mechanicsburg, Cumberland County,
Pennsy lvania 17055.
3.
At all relevant times, the Defendants have been the real owners of tract or parcel of
land with buildings and other improvements thereon located at 675 Williams Grove Road,
Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania, (the "Premises").
The Premises are more specifically described hereafter.
4.
On or about January 11, 2000, in consideration of a term loan of $35,000.00, made by
Plaintiff to Defendants, which funds were received by Defendants, the Defendants, as
Borrowers, executed and delivered to the Plaintiff, as Lender, a Promissory Note dated
January 11,2000, in the principal amount of $35,000.00 (the "Principal"), and requiring the
payment of interest on the Principal at the floating Prime Rate plus 1.00 percent. A true and
correct copy of the Promissory Note is attached hereto as Exhibit "A" and incorporated herein.
5.
Under the terms of the Promissory Note, Defendants were to make monthly
installments of principal and interest at a variable rate initially set at $382.88 beginning
April 7,2000 (the "Payments").
6.
The payment to Plaintiff by Defendants of, inter alia, the Payments due under the
Promissory Note are secured by a Mortgage and Security Agreement on the Premises dated
January 11,2001, (the "Mortgage"), executed, conveyed and delivered by Defendants, as
Mortgagors, to Plaintiff, as Mortgagee. A true and correct copy of the Mortgage is attached
hereto as Exhibit "B" and incorporated herein.
7.
The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, on January 12, 2000 in Mortgage Book 1591, Page 768.
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8.
The Defendants have failed or refused to pay the monthly payments of $399.43 each for
February 7, March 7, April 7, and May 7, 2001. The Defendants owe late fees in the amount
of $119.82. The Defendants also have failed or refused to pay 2000 real estate taxes in the
amount of $2,291.83. This constitutes another default under the terms of the Mortgage.
9.
The Premises subject to the lien of the Mortgage are described as follows:
A. LAND:
See legal description attached hereto as Exhibit "C" and
incorporated herein.
B. IMPROVEMENTS:
All buildings and improvements erected upon the Premises.
C. FIXTURES:
All fixtures attached to the Premises.
D. PROPERTY RIGHTS:
All hereditaments, appurtenances, reversions and
remainders, rents, issues and profits therefrom.
10.
The terms of the Mortgage provide that upon the occurrence of a default by the
Defendants, the Plaintiff may accelerate and demand immediate payment of all sums secured
by the Mortgage.
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11.
The sums presently due and payable to Plaintiff by Defendants and secured by the
Mortgage are computed as follows:
A.
Unpaid Principal
$ 34,124.32
B.
Unpaid Interest through 6/1/01
$ 844.33
c.
Late Fees as of 6/1/01
$ 139.79
D.
Attorney's commission of 15%
of Principal & Interest
$ 5,245.30
TOTAL
$40,353.74
12.
Written Notice of Intention to Foreclose, dated April 11, 2001, was sent to the
Defendants pursuant to ~403(a) of the Act of January 30, 1974, P.L. 13, No.6, as amended,
41 P.S. ~403(a). The appropriate time period has elapsed since the Notice of Intention to
Foreclose was served upon the Defendants. The Defendants have nevertheless failed to cure
the said default. True and correct copies of the Notices, which were sent by first-class mail, as
well as certified mail, are attached hereto as Exhibit "D" and incorporated herein.
13.
The Mortgage has not been assigned.
WHEREFORE, Plaintiff demands judgment in the sum of $40,353.74 together with
costs and interest accruing at the rate under the Note, ($7.31 per day), from the date
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hereof, and demands foreclosure and judicial sale of the interests of the Defendants, in the
mortgaged Premises.
CGA Law Firm
Countess Gilbert Andrews, P.C.
~~
By: )
haron E. y s
1. D. No. 32111
29 North Duke Street
York, Pennsylvania 17401
(717) 848-4900
5
..
VERIFICATION
I, the undersigned, GEORGIA A. BEAR, Vice President of Collections for Plaintiff,
The Peoples State Bank, hereby affirm that the facts contained in the foregoing Complaint in
Mortgage Foreclosure are true and correct to the best of my knowledge, information and
belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
THE PEOP S STATE BANK
~~
By:
Ge rgia A. Bear, Vice President
Collections
Dated: Jv.~)
,2001
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PROMISSORY NOTE
5903717-5
$35,000.00
,T;lnllAry ] 1 .
, 2000
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FOR VALUE RECEIVED, and intending to be legally bound hereby, RANDY L. LAWRENCE and
SHARON A. LA WRENCE~ jointly and severally (hereinafter coIlectively referred to as "Maker"),
promises to pay to the order of THE PEOPLES STATE BANK, a Pennsylvania banking institution
("Bank"), or any subsequent holder hereof, the principal amount of TlDRTY-FIVE THOUSAND
DOLLARS ($35,000.00), in lawful money of the United States, together with interest at the rate as
hereinafter provided and any additional charges or funds advanced hereunder, at the offices of the Bank
or such other address as the Bank may designate by written notice to the Maker.
INTEREST-The unpaid principal balance shaIl bear interest at the following rate per annum:
The floating Prime Rate plus 1.00 percent.
Interest shall be calculated on an actual days basis. Accrued interest shall be payable as provided herein.
Accrued interest shall also be payable when the entire principal balance of this Note becomes due and
payable (whether by stated maturity, demand or acceleration) or, if earlier, when such principal balance
is actually paid to Bank. The term "Prime Rate" (which is not necessarily the lowest rate of interest
charged by Bank) is defined as that rate of interest so designated and listed as the prime rate by the WaIl
Street Journal. Changes in the Prime Rate shall be effective as of the date the Prime Rate changes.
Interest shall accrue on each disbursement hereunder from the date such disbursement is made by Bank.
Interest shaIl accrue on the unpaid balance hereof at the rate provided for in this Note until the entire
unpaid balance has ~en paid in fuIl, notwithstanding the entry of any judgment against Maker.
REPAYMENT-The principal sum and interest shall be paid by Maker to Bank as follows:
(a) Payment of interest only, computed on the unpaid principal balance outstanding, due on
the 7th day of Feb. .2000, and on the 7th day of March .2000; thereafter,
(b) Repayment to be made in 163 monthly installments of principal and interest in the amount
of $382.88 each, the first such payment being due and payable on the 7th day of April, 2000 and on
the same day of each consecutive month thereafter, except that the final installment shall be equal to the
balance of principal and interest remaining unpaid hereunder. Changes in the rate of interest will require
corresponding chang~s in the amount, but not the number, of monthly installments.
PREPA YMENT-Maker may prepay all or any portion of the principal balance hereunder at any time
without premium or penalty. Partial prepayments shall be applied to monthly installments in the inverse
order of their maturity. Maker shall pay a prepayment penalty equal to 1 % of the amount prepaid if
prepaid by a third party.
COLLA TERAL-As security for all indebtedness to Bank now or hereafter incurred by Maker, under this
Note or otherwise, Maker grants Bank a lien upon and security interest in any personal property of Maker
now or hereafter in Bank's possession and in any deposit balances now or hereafter held by Bank for
Maker's account. Such liens and security interests shall be independent of Bank's right of setoff.
Additionally, to secure the performance of this and all other obligations to Bank of Maker or any other
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the property of Maker; or
e. If Maker or any endorser, surety or guarantor dies or is judicially declared incompetent;
or
f. If there is a taking of possession of a substantial part of the property of Maker at the
instance of any governmental authority; or
g. If Maker fails to pay any income, excise, or other taxes of any nature whatsoever when
due and payable or fails to remit when due to the appropriate governmental agency or
authorized depository any amount collected or withheld from any employee of Maker
for payroll taxes, Social Security payments or similar payroll deductions; or
h. If the Maker or any endorser, surety or guarantor fails to provide the bank with required
financial information; or
i. If a material adverse change in the financial condition of the Maker, or any endorser,
surety or guarantor of this Note has occurred since the date of this Note.
REMEDIES UPON DEFAULT-Upon the occurrence of one or more Events of Default, at the Bank's
option, the entire unpaid balance of this Note and all accrued interest shall be immediately due and
payable without notice or demand, and Bank may, immediately or any time thereafter, exercise any or
all of its rights under any agreement or otherwise under applicable law against Maker, against any person
liable, either absolutely or contingently, for payment of any indebtedness evidenced hereby, and in any
collateral without regard to any marshalling requirements, and such rights may be exercised in any order
and shall not be prejudiced by any delay in Bank's exercise thereof. The Bank may set off against all
other obligations of Maker to Bank all money owed by the Bank in any capacity to Maker. In addition
to the principal and interest and other sums payable hereunder, Maker agrees to pay Bank on demand,
all costs and expenses which are incurred by Bank in the collection of this Note or the enforcement of
Bank's rights and remedies hereunder, including attorneys' fees of fifteen percent (15%) of the unpaid
balance. Upon any default, Maker and any endorser hereby authorize and empower the Prothonotary or
any attorney of any court of record of Pennsylvania or within the United States to appear for the Bank
and confess judgment against such Maker or endorser for such unpaid balance and costs, with release of
all errors and without stay of execution. All rights and remedies of Bank: are cumulative and concurrent
and no single or partial exercise of any power or privilege shall preclude any other or further exercise
of any right, power or privilege. This Note is the unconditional obligation of Maker and each additional
person, if any, obligated for repayment of the indebtedness evidenced hereby agrees that Bank shall not
be required to exercise any of its rights or remedies against any collateral in which it holds a lien or
security interest, or against which it has right of setoff, or against any particular obligor.
MISCELLANEOUS-Any demand for payment or any notice required to be given by Bank under the
provisions of this Note shall be effective as to each Maker when addressed to Maker and deposited in the
mail, postage prepaid, for delivery by first class mail at Maker's billing address as it appears on Bank's
records. Maker and any endorsers, sureties and guarantors waive presentment, dishonor, notice of
dishonor, protest, notice of protest, and notice of any renewal, extensions, modification or change of
time, manner, place or terms of payment. Neither the failure nor any delay on the part of Bank to
exercise any right, remedy, power or privilege hereunder shall operate as a waiver or modification
thereof. No consent, waiver or modification of the terms of this Note shall be effective unless set forth
in a writing signed by Bank. All payments due under this Note are to be made in immediately available
funds. If Bank accepts payment in any other form, such payment shall not be deemed to have been made
until the funds comprising such payment have actually been received by or made available to Bank. All
representations, warranties and agreements herein are made jointly and severally by each Maker. If any
provision of this Note shall be held invalid or unenforceable, such invalidity or unenforceability shall not
3
parties to this Note, whether now existing or hereafter incurred, Maker grants to Bank a security iIlterest
in the collateral described below, complete with all present and future attachments, accessories and
replacements of all or any parts thereof and all additions thereto or substitutions therefor, and in any
insurance policies thereon, and dividends, distributions and other rights on or with respect to, and the
proceeds thereof (all of which is referred as "Collateral") with authority to collect, sell, transfer and
rehypothecate. In case the market value of the Collateral or any part thereof shall suffer any decline,
Maker agrees upon demand of the Bank to deliver to and pledge with the Bank additional collateral as
the Bank shall in its discretion require. Description of Collateral: 1) Second priority mortgage lien on
real estate and improvements located at 675 Williams Grove Road, Mechanicsburg, Pennsylvania; 2)
Assignment of leases.
LATE CHARGE-If any payment hereunder is not paid when due, and continues unpaid for a period of
ten (10) days thereafter, Maker agrees to pay to Bank as a late charge an amount computed at a rate of
five percent (5 %) of such past due amount. The late charge shall be in addition to any interest due.
Notwithstanding the foregoing, in no event shall any late charge be less than ten dollars ($10).
REPRESENTATIONS BY MAKER-Maker warrants and represents that this Note has been validly
executed and is enforceable in accordance with its terms, that the execution, delivery and performance
by Maker hereunder are not in contravention of law and do not conflict with any indenture, agreement
or undertaking to which Maker is a party or is otherwise bound, and that no consent or approval of any
governmental authority or any third party is required in connection with the execution, delivery and
performance under this Note. Maker warrants that no advance hereunder or portion thereof shall be
used other than for business purposes. .
SUBSEQUENT HOLDERS-In the event that any holder of this Note transfers this Note for value and
in good faith, the Maker agrees that no subsequent holder of this Note shall be subject to any claims or
defenses which the Maker may have against a prior holder, all of which are waived as to the subsequent
holder, and that all subsequent holders shall have all of the rights of a holder in due course with respect
to the Maker even though the subsequent holder may not qualify, under applicable law, absent this
paragraph, as a holder in due course.
DEFAULT-Each of the following shall be an Event of Default hereunder:
a. If any payment of principal or interest under this Note is not paid when due, or within
ten (10) days thereafter; or
b. If Maker or any endorser, surety or guarantor of this Note defaults in the payment or
performance of this Note or any other obligation to Bank or to any other holder hereof
or fails to perform or comply with any agreement with Bank or any other holder hereof;
or
c. If Maker or any endorser, guarantor or surety is unable to pay its debts as they mature;
becomes insolvent; voluntarily suspends transaction of its business or operations; makes
an assignment for the benefit of creditors; files a voluntary petition to reorganize or to
effect a plan or other arrangement with creditors; or has an involuntary petition filed
against it pursuant to the Bankruptcy Code or any amendments thereto; or applies for
or consents to the appointment of a receiver or trustee of all or part of its property;
institutes liquidation, dissolution, merger or consolidation proceedings; or
d. If there is entered against Maker a judgment, levy, or lien of a material nature or if a
writ or warrant of attachment, execution, garnishment, distraint, possession, or any
similar process of a material nature shall be issued by any court against all or a part of
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affect any other provision hereof. This Note has been delivered in and shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the law
of conflicts. This Note shall be binding upon each Maker and each additional endorser, guarantor, or
surety and upon their personal representatives, heirs, successors and assigns, and shall benefit Bank and
its successors and assigns.
IN WITNESS WHEREOF, Maker has executed and delivered this Note under seal as of the day and year
first above written.
WITNESS:
II .-J
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andy awrence
/
Susan H. Confair
(Type Name)
WITNESS:
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Susan H. Confair
(Type Name)
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MORTGAGE AND SECURITY AGREEMENT
THIS MORTGAGE AND SECURITY AGREEMENT (hereinafter "Mortgage and Security
Agreement") made this 11 th day of Januarv , 2000 between RANDY L. LAWRENCE and
SHARON A. LAWRENCE (hereinafter collectively referred to as "Mortgagor"), and THE PEOPLES
STATE BANK, a Pennsylvania banking institution, (hereinafter "Mortgagee").
Mortgagor has executed and delivered to Mortgagee its promissory note dated this date
(hereinafter "Note"), payable to the order of Mortgagee in the stated principal sum of TIDRTY-FlVE
THOUSANP DOLLARS ($35,000.00), payable with interest and on the terms and conditions set forth
therein, all of which are incorporated herein by reference. Mortgagor and Mortgagee have executed a
construction loan agreement dated this,date (hereinafter "Construction Loan Agreement"), pursuant to
the terms of which Mortgagee is obligated to make future advances to Mortgagor under the terms and
conditions set forth therein, all of which are incorporated herein by reference. The Construction Loan
Agreement, and the Assignment of Construction Contract and Assignment of Agreements Affecting Real
Estate (as those terms are defined in the Construction Loan Agreement) are hereinafter referred to
individually as a "Loan Document" and collectively as the "Loan Documents," and any guaranty of, and
any other collateral securing any of Mortgagor's obligations under any of the Loan Documents are
hereinafter referred to collectively as "Collateral."
NOW THIS MORTGAGE AND SECURITY AGREEMENT WITNESSETH, that in
consideration of the aforesaid, together with all other sums recoverable by Mortgagee under the terms
of the Loan Documents, together with all existing and future liabilities of Mortgagor to Mortgagee under
the Loan Documents (said indebtedness, interest and all other sums and liabilities are hereinafter
collectively referred to as the "Aggregate Debt"), and as security for the due and timely performance by
Mortgagor of all of 'the other provisions of the Loan Documents, and intending to be legally bound
hereby, Mortgagor hereby GRANTS, BARGAINS, SELLS, CONVEYS, ASSIGNS, TRANSFERS,
RELEASES, PLEDGES AND MORTGAGES to Mortgagee all that certain real property located in
Cumberland County, Pennsylvania as more fully described in Exhibit A attached hereto and made a part
hereof ("Real Property"):
TOGETHER WITH all right, title and interest of Mortgagor in and to the following property
rights and interests, which Mortgagor hereby assigns to Mortgagee until the Aggregate Debt is paid (the
Real Property together with the following property being hereinafter collectively called the "Mortgaged
Property"):
(a) all buildings and other improvements now or hereafter located on the Real
Property ("Improvements");
(b) all streets, lanes, alleys, passages, ways, water, courses, easements, rights,
liberties, privileges, tenements, hereditaments and appurtenances whatsoever thereunto belonging to or
in any way made appurtenant hereafter, and the reversions and remainder, with respect thereto
(" Appurtenances ");
(c) all machinery, apparatus, equipment, furniture, furnishings, fixtures, inventory,
goods, appliances and other property of every kind and nature whatsoever, together with replacements
thereof and accessories, parts or accessions thereto, owned by Mortgagor or in which Mortgagor has or
aooK1591PAGE .768
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shall have an interest, and whether or not now or hereafter located on the Real Property, and any and
all proceeds of any of the foregoing ("Equipment");
(d) all building materials, building machinery and building equipment delivered on
site to the Real Property during the course of, or in connection with, the construction of, or
reconstruction of, or remodeling of any building and improvements from time to time during the term
of this Mortgage and Security Agreement ("Building Equipment");
(e) all general intangibles relating to the development or use of the Real Property,
including but not limited to all licenses, permits and agreement from or with all boards, agencies,
departments, public utilities, governmental or otherwise, all names under which or by which the Real
Property or Improvements may at any time be operated or known and all rights to carry on business
under any such names or any variations thereof, all trademarks and goodwill in any way relating to the
Real Property, all shares of stock or other evidence of ownership of any part of the Real Property owned
by Mortgagor in common with others, and all documents of membership in any owners or members
association or similar group having responsibility for managing or operating any portion or all of the Real
Property ("Intangib1es ");
(t) all awards or payments, including interest thereon, which may be made with
respect to the Real Property and Improvements, whether from the exercise of the right of eminent domain
(including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease
in the value of the Real Property or Improvements including, without limitation, all awards or payments
of estimated compensation, all damages to the Real Property or Improvements resulting from any taking,
all machinery and equipment dislocation expenses, all settlement amounts, all apportionments of taxes,
reimbursement of attorneys and engineers fees, all moving expenses and all business dislocation expenses
("Awards");
(g) all insurance policies covering the Real Property or Improvements and all
proceeds of any unearned premiums on any such insurance policies including, without limitation, the right
to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for
damage to the Real Property or Improvements ("Insurance Policies");
(h) all leases and other agreements affecting the use or occupancy of any portion or
all of the Real Property or Improvements, whether heretofore or hereafter executed and all rights of
Mortgagor to payment under any such lease or agreement ("Leases");
(i) all rents, receipts, issues, profits and other income of any and all kinds (including
deposits) received or receivable and due or to become due from the sale or lease of any property, goods
or materials or from the rendering of services including, but not limited to (i) the lease of all or a portion
of the Real Property or Improvements, or (ii) the operation of any income-producing facility on the Real
Property or Improvements (all of such proceeds, receipts and income are hereinafter referred to as the
"Income and Rents" and all such rights are hereinafter referred to as the "Accounts Receivable");
U) any securities or guaranties held by Mortgagor with respect to any of the
Intangibles, Awards, Leases or Accounts Receivable, and any notes, drafts, acceptances, chattel paper,
documents or other instruments evidencing the same ("Security"); and
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Bouk 1591'PAGE. .769
"
(k) the right, in the name and on behalf of itself or Mortgagor, to appear in or defend
any action or proceeding brought with respect to the Real Property or Improvements (including without
limitation, any condemnation or arbitration proceedings) and to commence any action or proceedings to
protect the interest of Mortgagee in the Real Property and Improvements.
TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, its successors and assigns
forever. All right, title and interest of Mortgagor in and to all extensions, improvements, betterments,
renewals, substitutes and replacements of, and all additions and appurtenances to the Mortgaged Property
hereafter acquired by, or released to, Mortgagor or constructed, assembled or placed by Mortgagor on
the Real Property, and all conversions of the security constituted thereby, immediately upon such
acquisition, release, construction, assembling, placement or conversion, as the case may be, and in each
such case, without any further mortgage, pledge, conveyance, assignment or other act by Mortgagor,
shall become subject to the lien of this Mortgage and Security Agreement as fully and completely, and
with the same effect, as though now owned by Mortgagor and specifically described herein.
Notwithstanding the foregoing, Mortgagor shall, at its own cost, make, execute, acknowledge, deliver
and record any and all such further acts, deeds, conveyances, mortgages, notices of assignment, transfers,
assurances and other documents as Mortgagee shall from time to time require for better assuring,
conveying, assigning, transferring and confirming unto Mortgagee of the Mortgaged Property and the
other rights hereby conveyed or assigned or intended now or hereafter so to be, or which Mortgagor may
be or may hereafter become bound to conveyor assign for carrying out the intention of facilitating the
performance of the terms of this Mortgage and Security Agreement. In addition, Mortgagor hereby
agrees that this Mortgage and Security Agreement is a security agreement under the Pennsylvania
Uniform Commercial Code and creates in Mortgagee a security interest thereunder in, among other
things, all Equipment, Building Equipment, Intangibles, A wards, Insurance Policies, Leases, Income and
Rents, Accounts Receivable and Security. Mortgagor shall, at its own cost and expense, execute, deliver
and file any financing statements, continuation certificates and other documents Mortgagee may require
from time to time to perfect and maintain in favor of the Mortgagee a security interest under the Uniform
Commercial Code in such Equipment, Building Equipment, Intangibles, Awards, Insurance Policies,
Leases, Income and Rents, Accounts Receivable and Security. Without limiting the generality of any of
the foregoing, Mortgagor hereby irrevocably appoints Mortgagee attorney-in-fact for Mortgagor to
execute, deliver and file any of the documents referred to hereinabove for and on behalf of Mortgagor.
PROVIDED AL WAYS, and these presents are upon this express condition, that if Mortgagor or
its successors or assigns shall well and truly payor cause to be paid unto Mortgagee, its successors or
assigns, the Aggregate Debt secured by this Mortgage and Security Agreement, and otherwise perform
Mortgagor's obligations under the Loan Documents, then this Mortgage and Security Agreement, and
the estate hereby granted, shall cease, determine and be void, and Mortgagee shall furnish to Mortgagor
a satisfaction of this Mortgage and Security Agreement in proper form for recording, but Mortgagee shall
not be required to bear any expense or cost in connection with such satisfaction or the recording thereof.
THIS MORTGAGE covers, inter alia, present and future advances made pursuant to the
Construction Loan Agreement and such future advances shall relate back to the date of this Mortgage and
Security Agreement.
MORTGAGOR WARRANTS TO AND COVENANTS WITH Mortgagee as follows:
1. Title. As of the date hereof (a) Mortgagor has good and marketable title to an
indefeasible fee simple estate in the Mortgaged Property subject to no lien, charge or encumbrance except
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BOOK1591PAGE 4770
such as are listed as exceptions to title or exclusions from coverage in the title insurance policy being
issued to Mortgagee concurrently with the recording of this Mortgage and Security Agreement; (b) this
Mortgage and Security Agreement is and shall remain a valid and enforceable first lien on the Mortgaged
Property subject only to the matters referred to in subparagraph (a) hereof; (c) Mortgagor shall preserve
such title, and all of its rights in and to the Mortgaged Property, and shall forever warrant and defend
the validity and priority of the lien hereof against the claims of all persons and entities whomsoever,
subject only to the matters referred to in subparagraph (a) hereof; and (d) Mortgagor has full power and
lawful authority to mortgage the Mortgaged Property and grant a security interest therein in the manner
and form herein done or intended hereafter to be done.
2. Payment and Performance, Mortgagor shall punctually payor cause to be paid the
Aggregate Debt, in the amounts and at the times and places that the same may be due, and perform and
comply with all of the terms, covenants, conditions and obligations contained in the Loan Documents.
3. Taxes and Other Charges. Mortgagor shall pay all taxes of every kind and nature
(including real and personal property, income, gross receipts, franchise, profits, sales and withholding
taxes), all general and special assessments, water and sewer rents and charges, and all levies, permits,
inspection and license fees and other public charges now or hereafter levied or assessed against the
Mortgaged Property as liens or assessments (hereinafter individually called a "Tax" and collectively the
"Taxes It) as the same shall become due and payable from time to time and before interest or penalties
accrue thereon; provided, however, that Mortgagor shall not be required to pay any Tax to the extent that
nonpayment thereof is permitted while the validity thereof is being contested, so long as (a) Mortgagor
notifies Mortgagee in writing of intention to contest the validity thereof, (b) the validity thereof is being
contested in good faith by Mortgagor and (c) Mortgagor deposits with Mortgagee if Mortgagee so
requests an amount deemed sufficient to make such payment if the contest is unsuccessful.
Notwithstanding the foregoing, Mortgagor shall under no circumstances permit the Mortgaged Property
to be sold or advertised for sale for nonpayment of any Tax. Mortgagor shall not apply for or claim any
deduction from the taxable value of the Mortgaged Property because of the existence of the Note or this
Mortgage and Security Agreement. Subject to Mortgagor's right to contest any Tax as hereinabove
provided, Mortgagor shall deliver to Mortgagee receipts evidencing the payment of such Tax on or before
the last day on which any Tax may be paid without interest or penalties or as soon thereafter as such
receipts are available.
4. Insurance. Mortgagor shall keep the Improvements and the Equipment continuously
insured against loss or damage by fire (with extended coverage), theft, vandalism, malicious mischief,
sprinkler leakage, flood (if the Mortgaged Property is located in a flood plain area) and such other
hazards as Mortgagee shall from time to time require in a total amount equal to the full insurable value,
as determined by the insurance company which shall issue such insurance, or in any event not less than
that amount below which any co-insurance provisions would apply and not less than the then outstanding
amount of the Aggregate Debt. Mortgagor shall also carry appropriate insurance applicable to the
Mortgaged Property (whether or not such work is expensed or capitalized by Mortgagor) as required in
the Construction Loan Agreement and in such amounts as may be required by Mortgagee. Mortgagor
shall also carry rental loss insurance and comprehensive liability insurance (including bodily injury and
property damage) covering all operations of Mortgagor on the Mortgaged Property in such amounts as
may be required by Mortgagee. Any policy or policies with respect to all of the abovementioned
insurance (hereinafter called a "Policy") (a) shall be issued by an insurer acceptable to Mortgagee, (b)
shall contain, in the case of the hazard insurance and rental loss insurance, a mortgagee clause
endorsement naming Mortgagee and its successors and assigns as a co-insured thereunder, as its interests
4
BOuk 1591 PAct ~7?1
may appear, (c) shall contain a provision that Mortgagee shall be given thirty (30) days' prior. written
notice of material change or cancellation of said Policy and that no such change or cancellation shall be
effective as to Mortgagee in the absence of such notice, and (d) shall contain such other provisions as
shall from time to time be required by Mortgagee. Any such Policy may provide for customary
"deductibles" provided the limits thereof are satisfactory to Mortgagee. Not less than fifteen (15) days'
prior to any date upon which any premium for such insurance shall be due and payable, Mortgagor shall
deliver to Mortgagee satisfactory evidence that such premium has been paid, and further, not less than
fifteen (15) days' prior to the ,expiration date of any Policy, Mortgagor shall deliver to Mortgagee
satisfactory evidence of the renewal of such Policy. In the event of the foreclosure of this Mortgage and
Security Agreement or other transfer of Mortgagor's interest in the Mortgaged Property in satisfaction
of the Aggregate Debt, all right, title and interest of Mortgagor to any Policy then in force covering the
Mortgaged Property shall pass to the transferee of the Mortgaged Property.
5. Tax and Insurance Escrow. Upon the request of Mortgagee, Mortgagor shall pay to
Mortgagee on the first day of each month a sum equal to one-twelfth (1/12) of the amount of (a) all real
estate taxes, water and sewer charges and assessments, if any, as estimated from time to time by
Mortgagee, becoming due with respect to the Mortgaged Property on the next succeeding date upon
which the same shall be due and payable and (b) all premiums, computed on an annual basis, for the
insurance required to be carried pursuant to paragraph 4 hereof. All such amounts (hereinafter, the
"Escrows") shall be held by Mortgagee in such manner as it sees fit without any obligation to invest the
same or (if invested) to account for any income or loss resulting therefrom; provided however, that if and
to the extent that Mortgagee is required under applicable law to invest the escrows for the benefit of
Mortgagor, Mortgagee shall also have the right to charge a reasonable service fee in connection therewith
unless prohibited under such law. The Escrows shall be applied to the payment of the respective items
in respect of which the Escrows ere deposited, or at Mortgagee's option, to the payment of any such
items in such order of priority as Mortgagee shall determine, as the same become due and payable, the
amount of Escrows then on deposit therefor shall be insufficient to pay such item, Mortgagor within five
(5) days after demand is made therefor shall deposit the amount of such deficiency with Mortgagee. If
there is an event of default hereunder, Mortgagee may at Its option apply the Escrows or any part thereof
in payment of any unpaid portion of the Aggregate Debt. If, when making any assignment of this
Mortgage and Security Agreement, the then Mortgagee shall pay over to its assignee the then balance of
the Escrows and such assigning Mortgagee shall have no further obligation to Mortgagor with respect to
such deposits.
6. Casualty Loss. Mortgagor shall notify Mortgagee in writing immediately upon the
occurrence of any loss affecting the Mortgaged Property. Mortgagor hereby directs any insurer to pay
directly to Mortgagee any moneys payable under any Policy, and Mortgagor hereby appoints Mortgagee
as attorney-in-fact to endorse any draft therefor. Sums paid to Mortgagee by any insurer may be retained
and applied by Mortgagee toward payment of the Aggregate Debt (whether or not any portion thereof
may then be due and payable) in such priority and proportions as Mortgagee in its discretion shall deem
proper, and any sums not so applied, at the discretion of Mortgagee, may be paid, either in whole or in
part, to Mortgagor for such purposes and upon such conditions as Mortgagee shall designate. If, in its
sole discretion, Mortgagee makes any such sums available to Mortgagor for repairing the damaged
property, Mortgagor shall deposit with Mortgagee prior to the commencement of such repairs an amount
equal to the difference between the cost to repair the damaged property and the sums made available by
Mortgagee on account of such insurance. The determination of the cost to repair the damaged property
shall be made by Mortgagee. If Mortgagee retains such insurance money and applies the same toward
payment of the Aggregate Debt, the lien of this Mortgage and Security Agreement shall be reduced only
5
Book 1591 PAGE 4772
by the amount thereof retained by Mortgagee and actually applied by Mortgagee in reductioR of the
Aggregate Debt.
7. Condemnation. In the event that the whole or any part of the Mortgaged Property
secured by this Mortgage and Security Agreement is condemned or taken for any period of time, or there
is any other injury to or decrease in value of the Mortgaged Property as a result of any public or quasi-
public authority or corporation exercising the power of eminent domain or otherwise, all sums awarded
as damages for such condemn~tion or taking to which Mortgagor is entitled shall be paid over
immediately to Mortgagee. Upon the receipt thereof, Mortgagee may deduct and withhold from the
amount actually received any costs, charges or fees incurred by Mortgagee in connection with the
recovery of such award (hereinafter, "Mortgagee's Costs"), and thereafter Mortgagee may apply all or
any portion of the balance to the discharge of the Aggregate Debt and, at the option of Mortgagee, may
pay over any sums not so applied to Mortgagor for the purpose of restoring or repairing the Mortgaged
Property or for any purpose or object satisfactory to Mortgagee, in which event the Aggregate Debt shall
not be reduced by that amount. Mortgagor hereby irrevocably appoints Mortgagee as attorney-in-fact
for Mortgagor for the purpose of collection of any or all proceeds available in connection with the
condemnation of the Mortgaged Property. If the Mortgaged Property is transferred, through foreclosure
or otherwise, prior to the receipt by Mortgagee of such award of payment, Mortgagee shall have the
right, whether or not a deficiency judgment on the Note shall have been sought, recovered or denied, to
receive such award or payment, or a portion thereof sufficient to pay the Aggregate Debt, whichever is
less.
8. Preservation of Lien: Conveyance of Title. Mortgagor shall pay, from time to time
as and when the same shall become due, all claims and demands of any persons or entities which, if
unpaid, might result in or permit the creation of a lien on the Mortgaged Property or any part thereof,
and in general shall do or cause to be done everything necessary so that the lien hereof shall be fully
preserved and so that there shall not be created, permitted or suffered to exist any lien, encumbrance or
charge affecting the Mortgaged Property other than those matters referred to in paragraph lea) hereof
which have been approved in writing by Mortgagee, all at the sole cost of Mortgagor. At Mortgagee's
election, and without notice to Mortgagor, Mortgagee may make but is not obligated to make, any
payments which Mortgagor has failed to make under any prior lien, but such payment by Mortgagee shall
not release Mortgagor from Mortgagor's obligations or constitute a waiver of Mortgagor's default
hereunder. Any sum so expended by Mortgagee shall be secured by this Mortgage and Security
Agreement, together with interest thereon at the rate stipulated in the Note from the date such payment
is made by Mortgagee until the date of repayment by Mortgagor. Notwithstanding the foregoing,
Mortgagor shall have the right, at its sole cost and expense, to contest in good faith by any lawful means
any such claims and demands, provided that it notifies Mortgagee in writing of its intention to do so and
deposits with Mortgagee, if Mortgagee so requests, an amount deemed sufficient by Mortgagee to satisfy
such claims and demands if it is ultimately determined that Mortgagor is responsible therefor. Mortgagor
shall not conveyor attempt to conveyor permit or suffer a conveyance, lease or transfer of legal or
equitable title to the Mortgaged Property or any part thereof and whether such conveyance or transfer
is voluntary, involuntary, by operation of law or otherwise, so long as any part of the Aggregate Debt
remains unpaid without the prior written consent of Mortgagee.
9. Maintenance and Repair; Compliance with Laws and Regulations. Mortgagor shall
cause the Mortgaged Property to be maintained in good condition and repair, reasonable wear and tear
excepted. None of the Improvements, Equipment or Building Equipment shall be removed, demolished,
materially altered or sold (except for normal replacement of the Equipment and except as provided in the
6
BOOK1591 PAGE ...773
Construction Loan Agreement), without the prior written consent of Mortgagee. Mortgagor shall
promptly comply with all laws, orders, ordinances, regulations, restrictions and requirements of
governmental authorities, of courts and of insurance companies applicable to Mortgagor or affecting the
Mortgaged Property, or the use thereof. Mortgagor shall promptly repair, replace or rebuild any part
of the Mortgaged Property which may be damaged or destroyed by any casualty or which may be affected
by any condemnation or eminent domain proceeding.
10. Leases. -Except as may be otherwise provided in the Construction Loan
Agreement, Mortgagor shall not enter into any lease or similar agreement for space in or on the
Mortgaged Property without in each case obtaining Mortgagee's prior written approval of all the terms
and conditions thereof and, once approved, Mortgagor shall not amend, modify or cancel any such lease
or similar agreement or assign any amounts due thereunder without obtaining Mortgagee's prior written
approval.
11. Required Notice. Mortgagor shall give Mortgagee prompt written notice of any
action or proceeding purporting to affect the Mortgaged Property of which it has actual knowledge
including, without limitation, the following: (a) a fire or other casualty causing damage to the Mortgaged
Property; (b) receipt of notice of condemnation of the Mortgaged Property or any part thereof; (c) receipt
of notice from any governmental authority relating to the structure, use or occupancy of the Mortgaged
Property; (d) receipt of any notice from any tenant of all or any portion of the Mortgaged Property; (e)
any change in the occupancy of the Mortgaged Property; (t) receipt of any notice from the holder of any
lien or security interest in the Mortgaged Property; or (g) commencement of any litigation affecting the
Mortgaged Property. Mortgagee shall have the right to appear in or defend any such action or
proceeding to the same extent as Mortgagor. Furthermore, Mortgagee shall have the right to bring any
action or proceeding, in the name and on behalf of itself or Mortgagor, which Mortgagee, in its
discretion, feels should be brought to protect its interest in the Mortgaged Property or any part thereof.
12. Mortgagee's Right to Cure. Mortgagee shall have the right, but not the obligation, at
Mortgagee's election and without notice to Mortgagor, to cure any default by Mortgagor under any of
the Loan Documents or under any mortgage or with respect to any security interest, lien or encumbrance
which is senior in lien and position to this Mortgage and Security Agreement. Any payments made or
expenses incurred by Mortgagee in the exercise of such right shall not release Mortgagor from
Mortgagor's obligation or constitute a waiver of Mortgagor's default hereunder. Any such payments
made or expenses incurred by Mortgagee shall be repayable on demand by Mortgagee, together with
interest thereon at the rate specified in the Note from the date such payment was made or such expense
was incurred, and the aggregate amount thereof, including such interest, shall become part of the
Aggregate Debt and shall be secured by the lien of this Mortgage and Security Agreement.
13. Certificate of No Offsets. Within five (5) days after being requested to do so by
Mortgagee, Mortgagor shall furnish to Mortgagee or any proposed assignee of this Mortgage and Security
Agreement a statement, duly executed, acknowledged and certified by Mortgagor, setting forth the
remaining unpaid amount of the Aggregate Debt and whether there exist any uncured defaults, offsets or
defenses thereto.
14. Right to Inspect. Mortgagor shall permit Mortgagee and its agents to enter and
inspect the Mortgaged Property or any part thereof at all reasonable times.
7
80UK1591PAGt~74
\
15. Revenue. Tax or Other Stamps. Mortgagor shall pay the cost of any revenue, tax
or other stamps now or hereafter required by the laws of the Commonwealth of Pennsylvania or the
United States to be affixed to the Not or this Mortgage and Security Agreement and if any taxes are
imposed under the laws of the Commonwealth of Pennsylvania or the United States with respect to
evidences of indebtedness so secured, Mortgagor shall payor reimburse Mortgagee upon demand the
amount of such taxes without credit against any indebtedness evidenced by the Note. If Mortgagor does
not or may not do so, Mortgagee may at its option accelerate the indebtedness evidenced by the Note to
maturity as in the case of default by Mortgagor.
16. Possession. Until an event of default shall have occurred under this Mortgage and
Security Agreement, Mortgagor shall be suffered and permitted to retain actual possession of the
Mortgaged Property, to manage, operate, use and enjoy the same and all rights appertaining thereto, and
to collect, receive, take, use and enjoy the Income and Rents. The right of Mortgagor to collect the
Income and Rents may be revoked by Mortgagee at any time and from time to time after an event of
default has occurred under this Mortgage and Security Agreement, by giving notice of such revocation
to Mortgagor. Following the giving of such notice, Mortgagee may retain and apply the Income and
Rents toward payment of the Aggregate Debt in such priority and proportions as Mortgagee, in its
discretion, shall determine.
17. Environmental Compliance.
(a) Mortgagor hereby represents and warrants that (1) it is in compliance with, and
has at all times in the past been in compliance with, all federal, state, and local environmental laws, rules,
regulations, and orders in effect relating to the Mortgaged Property; and (2) it has not received, nor been
subject to, any injunctions, decrees, orders, judgments, suits, actions, proceedings or investigations,
whether instituted or threatened, under any federal, state, or local environmental law or regulation with
regard to the Mortgaged Property.
(b) Mortgagor shall furnish to Mortgagee, upon execution hereof, and at such other
times as Mortgagee in it discretion may request, such written evidence as Mortgagee may require to
demonstrate that (1) the Mortgaged Property is not contaminated with any substance considered or
categorized by the United States Environmental Protection Agency, and/or the Pennsylvania Department
of Environmental Resources or similar agency, to be a toxic, harmful or hazardous substance requiring
affirmative clean up or reclamation action under applicable law; and (2) present and prior uses of the
Mortgaged Property are and have been in compliance with all federal, state and local environmental laws,
regulations and orders.
(c) Mortgagor shall notify the Mortgagee in advance of its intent to alter any of its
activities in a manner which would produce a material change in any representation made in subparagraph
(a) or with regard to any information supplied pursuant subparagraph (b).
(d) Mortgagor hereby agrees to indemnify and hold Mortgagee harmless with regard
to any claims, actions, damages, proceedings, judgments, costs, expenses, fines, penalties or liability of
any type which may arise or which Mortgagee should incur under the Comprehensive Environmental
Response, Compensation and Liability Act or any similar federal, state or local law or regulation or the
failure of any representation or warranty of Mortgagor to be or remain true.
8
BOO. 1591 PAGE ,,775
18. Events of Default. The occurrence of anyone or more of the following eveRts shall
. constitute an event of default hereunder:
(a) Mortgagor shall fail to make any payment of principal and/or interest due to
Mortgagee under any of the Loan Documents, or under any other obligation of Mortgagor to Mortgagee,
when the same shall become due and payable, whether at maturity or by acceleration or otherwise;
(b) Mortgagor shall fail to observe and perform any of the covenants or agreements
on its part to be observed or performed under this Mortgage and Security Agreement or under any of the
other Loan Documents, or under any other agreement between Mortgagor and Mortgagee;
(c) Any representation or warranty of Mortgagor under this Mortgage and Security
Agreement or under any of the other Loan Documents shall be untrue in any material respect;
(d) Any Event of Default shall occur under the terms of any of the other Loan
Documents;
(e) Mortgagor or any of guarantor, as the case may be, shall apply for or consent
to the appointment of a receiver, trustee or liquidator of itself or himself or any of its or his property,
admit in writing its or his inability to pay its or his debts as they mature, make a general assignment for
the benefit of creditors, be adjudicated a bankrupt or insolvent or file a voluntary petition in bankruptcy.
or a petition or any answer seeking reorganization, insolvency, readjustment of debt, dissolution or
liquidation law or statute, or an answer admitting the material allegations of a petition filed against it or
him in any proceeding under any such law, or if action shall be taken by the Mortgagor or any guarantor
for the purpose of effecting any of the foregoing; or
(t) Any order, judgment or decree shall be entered by any court of competent
jurisdiction, approving a petition seeking reorganization of Mortgagor or all or a substantial part of the
assets of Mortgagor or any guarantor, or appointing a receiver, sequestrator, trustee or liquidator of
Mortgagor or any guarantor or any of its or his property, and such order judgment or decree shall
continue unstayed and in effect for any period of sixty (60) days.
19.
Remedies; Confession of Judgment
Upon the occurrence of any Event of Default:
(a) The Aggregate Debt shall, at the option of Mortgagee, become due and payable
immediately without presentment, demand, notice of nonpayment, protest, notice of protest or other
notice of dishonor. all of which are hereby expressly waived by Mortgagor.
(b) Mortgagee may institute appropriate proceedings at law or equity to collect the
amount of the Aggregate Debt then due (by acceleration or otherwise), or for specific performance of any
of the covenants of Mortgagor under any of the Loan Documents (and Mortgagor acknowledges that all
such covenants may be specifically enforced by Mortgagee by injunction or other appropriate equitable
remedy), or to recover damages for any breach thereof, or to institute an action of mortgage foreclosure
against the Mortgaged Property. or take such other action at law or in equity for the enforcement of this
Mortgage and Security Agreement and realization on the mortgage security or any other security herein
or elsewhere provided for, and proceed therein to final judgment and execution for the Aggregate Debt,
together with interest, costs and expenses.
9
BOOK 1591 PAGE ..776
Mortgagor irrevocably authorizes and empowers any attorney of record,. or the
Prothonotary or Clerk of any court in the Commonwealth of Pennsylvania or elsewhere, to appear for
Mortgagor in any such court in any such action brought against Mortgagor at the suit of Mortgagee to
collect the amount of the Aggregate Debt, and therein to confess or enter judgment against Mortgagor
for the amount of the Aggregate Debt, as evidenced by an affidavit signed by a duly authorized designee
of Mortgagee, plus attorneys' fees of fifteen (15 %) of the Aggregate Debt, with costs of suit, release of
procedural errors and without right of appeal. If a copy of this Mortgage and Security Agreement,
verified by an affidavit, shall have been filed in said action, it shall not be necessary to file the original
as a warrant of attorney. Mortgagor waives the right to any stay of execution and the benefit of all
exemption laws now or hereinafter in effect. No single exercise of the foregoing warrant and power to
bring any action or to confess judgment therein shall be deemed to exhaust the power, but the power shall
continue undiminished and may be exercised from time to time as often as Mortgagee shall elect until all
amounts payable to Mortgagee under the Loan Documents shall have been paid in full.
(c) With or without demand upon Mortgagor for the surrender of possession,
Mortgagee may enter upon and take possession of the Mortgaged Property, breaking locks if necessary
and without liability for trespass, damages or otherwise and, upon so doing, Mortgagee may, in its
discretion and in addition to any of its other rights, as Mortgagee in possession, alter, improve, complete
or repair the Mortgaged Property (and in so doing Mortgagee shall have the right to use the Mortgaged
Property and to expend such amount for that purpose as Mortgagee shall deem best, all of which, with
interest thereon at the rate specified in the Note from date of payment, shall be repayable by Mortgagor
on demand and shall be secured hereby), and operate, rent, sell or lease the same in the name of
Mortgagor or Mortgagee upon such terms and conditions as Mortgagee shall deem appropriate, and
Mortgagor hereby irrevocably appoints Mortgagee attorney-in-fact for Mortgagor for all such purposes.
(d) Mortgagee may further, by summary proceedings, initiate an action for possession
or otherwise, dispossess any tenants, users or occupiers of the Mortgaged Property then or thereafter in
default in the payment of any rent or other charge for the use thereof, and any tenants or other users or
occupiers whose leasehold estates or rights to use the Mortgaged Property are subordinate to the lien of
this Mortgage and Security Agreement, whether or not any such tenant, user or occupier is so in default;
and Mortgagor for all such purposes. If Mortgagor remains in possession after demand by Mortgagee
for surrender of possession of the Mortgaged Property, such continued possession by Mortgagor shall
be as tenant of Mortgagee, and Mortgagor agrees to pay monthly in advance to Mortgagee such rent for
the Mortgaged Property so occupied as Mortgagee may demand, and in default of so doing, Mortgagor
may also be dispossessed by summary proceedings or otherwise. In case of the appointment of a receiver
of the rents, the foregoing agreement of Mortgagor to pay rent shall inure to the benefit of such receiver.
Mortgagor irrevocably authorizes and empowers any attorney of record, or the
Prothonotary, Clerk or similar officer, of any court in the Commonwealth of Pennsylvania or elsewhere,
as attorney for Mortgagor, as well as for the persons claiming under, by or through Mortgagor, to sign
an agreement for entering therein an appropriate amicable action in ejectment for possession of the
Mortgaged Property (without the necessity of filing any bond and without any stay of execution or appeal)
against Mortgagor and all persons claiming under, by or through Mortgagor, and therein confess
judgment for the recovery by Mortgagee of possession of the Mortgaged Property for which this
instrument (or a copy thereof verified by affidavit) shall be a sufficient warrant; whereupon a writ of
possession of the Mortgaged Property may be issued forthwith, without any prior writ or proceeding
whatsoever, Mortgagor hereby releasing and agreeing to release Mortgagee and any such attorney from
all procedural errors and defects whatsoever in entering such action or judgment or in causing such writ
10
BOOK 1591 rAGE ..777
" ,
or process to be issued or in any proceeding thereon or concerning the same, provided that Mdrtgagee
shall have filed in such action an affidavit made on Mortgagee's behalf setting forth the facts necessary
to authorize the entry of such judgment according to the terms of this instruments, of which facts such
affidavit shall be prima facie evidence. It is hereby expressly agreed that if for any reason after any such
action has been commenced, the same shall be discontinued, marked satisfied of record or be terminated,
or possession of the Mortgaged Property remain in or be restored to Mortgagor or anyone claiming
under, by or through Mortgagor, Mortgagee may, whenever and as often as Mortgagee shall have the
right to take possession again of- the Mortgaged Property, bring one or more further amicable actions in
the manner hereinbefore set forth to recover possession of the Mortgaged Property and to confess
judgment therein as hereinabove provided, and the authority and power above given to any such attorney
shall extend to all such further amicable actions in ejectment and confession of judgment therein as
hereinabove provided whether before or after an action of mortgage foreclosure is brought or other
proceedings in execution are instituted upon this Mortgage and Security Agreement or the Note, and after
judgment thereon or therein and after a judicial sale of the Mortgaged Property.
(e) With or without taking possession of the Mortgaged Property, Mortgagee may
collect and receive all the Income and Rents and, after deducting the cost of all alterations, improvements,
repairs, completion, partial completion, operation, sale, rental, leasing commissions and charges,
including, but not limited to, counsel fees, incurred by Mortgagee, apply the net income to the sums
secured hereby in such manner as Mortgagee in its discretion shall determine. Mortgagee shall be liable
to account only for the Income and Rents actually received.
(t) If Mortgagee shall so elect, Mortgagor shall not resist or contest, but shall join
in any petition to any court by Mortgagee for the appointment of a receiver or receivers of the Mortgaged
Property or any part thereof, and of all the Income and Rents therefrom, with such powers as the court
making such appointment shall confer, and Mortgagor hereby appoints Mortgagee attorney-in-fact of
Mortgagor for all such purposes.
(g) All deposits held in connection with the rental, lease, license or use of space or
other facilities on the Mortgaged Property at the time of the occurrence of such Event of Default, all
interest of Mortgagor in all premiums for, or dividends upon, any insurance for the Mortgaged Property.
and all refunds or rebates of taxes and assessments upon the Mortgaged Property, are hereby assigned
to Mortgagee as further security for the payment of the Aggregate Debt during the continuance of any
such event of default.
(h) To the extent now or hereafter permitted by law and subject to such grace periods
and notice requirements thereby imposed, Mortgagee may cause a judicial sale of the Mortgaged Property
in accordance with this subparagraph (h). Such sale may be made without demand on Mortgagor at the
time and place fixed in the notice of such sale, and such sale may be of the Mortgaged Property as a
whole or in separate lots, and in such order as Mortgagee may determine, at public auction to the highest
bidder for cash in lawful money of the United States, payable at time of sale. Such sale of the Mortgaged
Property may be postponed by public announcement at the time and place of sale, and may be further
postponed from time to time thereafter by public announcement at the time fixed by the preceding
postponement. Any person or entity, including Mortgagee, may purchase at such sale. After deducting
all costs, fees, and expenses of Mortgagee, including cost of evidence of title in connection with such
sale, the proceeds of sale shall be applied to payment of the Aggregate Debt. The Mortgaged Property
may be sold as aforesaid either before, after. or during the pendency of any proceedings for the
enforcement of the provisions of this Mortgage and Security Agreement, and such power and right of sale
11
,BOOk 1591 PAGE .778
, t t .
shall not be affected by any entry hereunder, or by the exercise of any other right, remedy or power with
respect to the enforcement of the provisions of any of the Loan Documents or the collection of the
amount of the Aggregate Debt. The provisions of this subparagraph (h) are not intended to and shall not
adversely affect Mortgagee's rights to conduct a nonjudicial sale of such portions of the Mortgaged
Property as constitute personal property.
20. Remedies Cumulative. etc.
(a) No right or remedy conferred upon or reserved to Mortgagee under any of the
Loan Documents or with respect to any Collateral, or now or hereafter existing at law or in equity or by
statute or other legislative enactment, is intended to be exclusive of any other such right or remedy and
each and every such right or remedy shall be cumulative and concurrent, and shall be pursued separately,
concurrently, successively or otherwise, at the sole discretion of Mortgagee, and shall not be exhausted
by anyone exercise thereof but may be exercised as often as occasion therefor shall occur. No act of
Mortgagee shall be deemed or construed as an election to proceed under anyone such right or remedy
to the exclusion of any other such right or remedy; furthermore, each such right or remedy of Mortgagee
shall be separate, distinct and cumulative and none shall be given effect to the exclusion of any other.
The failure to exercise or delay in exercising any such right or remedy, or the failure to insist upon strict
performance of any term of any of the Loan Documents, shall not be construed as a waiver or release
of the same, or of any Event of Default thereunder, or of any obligation or liability of Mortgagor
thereunder.
(b) The recovery of any judgment by Mortgagee or the levy of execution under any
judgment upon the Mortgaged Property shall not affect in any manner, or to any extent, the lien of this
Mortgage and Security Agreement upon the Mortgaged Property, or any security interest in any other
Collateral, or any rights, remedies or powers of Mortgagee under any of the Loan Documents or with
respect to any Collateral, but such lien and such security interest and such rights, remedies and powers
of Mortgagee shall continue unimpaired as before. Further, the entry of any judgment by Mortgagee
shall not affect in any way the interest payable hereunder or under any of the other Loan Documents on
any amounts due to Mortgagee, but interest shall continue to accrue on such amount at the rate provided
in the Note after the entry of any judgment and continuing until distribution of the proceeds of any
Sheriff's sale.
(c) Mortgagor hereby waives presentment, demand, notice of nonpayment, protest,
notice of protest or other notice of dishonor, and any and all other notices in connection with any default
in the payment of, or any enforcement of the payment of, the Aggregate Debt. To the extent permitted
by law, Mortgagor waives the right to any stay of execution and the benefit of all exemption laws now
or hereinafter in effect.
(d) Mortgagor agrees that Mortgagee may release, compromise, forbear with respect
to, waive, suspend, extend or renew any of the terms of the Loan Documents (and Mortgagor hereby
waives any notice of any of the foregoing), and that the Loan Documents may be amended, supplemented
or modified by Mortgagee and the other signatory parties and the Mortgagee may resort to any Collateral
in such order and manner as it may think fit, or accept the assignment, substitution, exchange or pledge
of any other collateral in place of, or release for such consideration, or none, as it may require, all or
any portion of any Collateral, without in any way affecting the validity of its lien over or other security
interest in the remainder of any such Collateral (or the priority thereof or the position of any subordinate
holder of any lien or other security interest with respect thereto); and any action taken by Mortgagee
12
aooK1591PAGE .779
, I I .
pursuant to any of the foregoing shall in no way be construed as a waiver or release of any 1'ight or
remedy of Mortgagee, or of any event of default, or of any liability or obligation of Mortgagor, under
any of the Loan Documents.
(e) To the extent permitted by law, Mortgagor shall not at any time insist upon, or
plead, or in any manner whatever claim or take any benefit or advantage of any stay or extension or
moratorium law, or any exemption from execution or sale of the Mortgaged Property, wherever enacted,
now or at any time hereafter in force, which may affect the covenants and terms of performance of this
Mortgage and Security Agreement, nor claim, take, or insist upon any benefit or advantage of any law
now or hereafter in force providing for the valuation or appraisal of the Mortgaged Property, prior to any
sale of any of Mortgagor's interest therein; nor, after any such sale or sales, claim or exercise any right
under any statute heretofore or hereafter enacted to redeem the Real Property so sold or any part thereof,
and Mortgagor hereby expressly waives all benefit or advantage of any such law or laws, and covenants
not to hinder, delay, or impede the execution of any power herein granted to Mortgagee but to suffer and
permit the execution of every power as though now such law or laws had been made or enacted.
Mortgagor further waives and releases all procedural errors, defects and imperfections in any proceeding
instituted by Mortgagee under any of the Loan Documents.
(t) Mortgagor, for itself and for all persons hereafter claiming through or under it
or who may at any time hereinafter become holders of liens junior to the lien of this Mortgage and
Security Agreement, hereby expressly waives and releases all rights to direct the order in which any of
the Mortgaged Property shall be sold in the event of any sale or sales pursuant hereto and to have any
of the Mortgaged Property and/or any other property now or hereafter constituting security for the
Aggregate Debt marshalled upon any foreclosure of this Mortgage and Security Agreement or of any
other security for any of the Aggregate Debt.
(g) Mortgagor agrees that any action or proceeding against it to enforce the Mortgage
and Security Agreement may be commenced in state or federal court in any county in the Commonwealth
of Pennsylvania in which Mortgagee has an office, and Mortgagor waives personal service of process and
agrees that a summons and complaint commencing an action or proceeding in any such court shall be
properly served and shall confer personal jurisdiction if served by registered or certified mail in
accordance with the notice provisions set forth herein.
21. Costs and Expenses. Following the occurrence of any event of default under any of the
Loan Documents, Mortgagor shall pay upon demand all costs and expenses (including attorneys fees of
fifteen (15%) of the Aggregate Debt and all amounts paid to accountants, real estate brokers and other
advisors employed by Mortgagee and to any contractors for labor and materials), incurred by Mortgagee
in the exercise of any of its rights, remedies or powers under any of the Loan Documents or with respect
to any Collateral with respect to such event of default, and any amount thereof not paid promptly
following demand therefor, together with interest thereon at the rate provided in the Note from the date
of such demand, shall become part of the Aggregate Debt and shall be secured by the lien of this
Mortgage and Security Agreement. In connection with and as part of the foregoing, in the event that any
of the Loan Documents is placed in the hands of any attorney for the collection of any sum payable
thereunder, Mortgagor agrees to pay attorneys' fees for the collection of the amount being claimed under
such Loan Documents, as well as all costs, disbursements and allowances provided by law, and the
payment of such fees and costs, disbursements and allowances shall also be secured by the lien of this
Mortgage and Security Agreement. Nothing in this paragraph shall limit the obligation of Mortgagor to
pay costs and expenses of Mortgagee for which Mortgagor is otherwise liable under the Loan Documents.
13
BOUk 1591 ~AGE .780
, 'I I
22. Renewals and Extensions. This Mortgage and Security Agreement shall secure any
and all renewals, or extensions of the whole or any part of the indebtedness hereby secured however
evidenced, with interest at such lawful rate as may be agreed upon and any such renewals or extensions
or any change in the terms or rate of interest shall not impair in any manner the validity of or priority
of this Mortgage and Security Agreement, nor release Mortgagor from personal liability for the
indebtedness hereby secured.
23. Severability. -In the event that for any reason one or more of the provisions of this
Mortgage and Security Agreement or their application to any person or circumstance shall be held to be
invalid, illegal, or unenforceable in any respect or to any extent, such provisions shall nevertheless remain
valid, legal and enforceable in all such other respects and to such extent as may be permissible. In
addition, any such invalidity, illegality, or unenforceability shall not affect any other provision of this
Mortgage and Security Agreement, but this Mortgage and Security Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
24. Successors and Assigns. This Mortgage and Security Agreement inures to the
benefit of Mortgagee and binds Mortgagor, and their respective successors and assigns. Mortgagee may
assign or otherwise transfer this Mortgage and Security Agreement and any or all of the Loan Documents
to any other person, and such other person shall thereupon become vested with all of the benefits in
respect thereof granted to Mortgagee herein or otherwise.
25. Notices. All notices required to be given to any of the parties hereunder shall be
in writing and shall be deemed to have been sufficiently given for all purposes when presented personally
to such party or sent by certified or registered mail, return receipt requested, to such party, in the case
of the Mortgagor, to its address on the Bank's books and records and, in the case of Mortgagee, at 100
East King Street, East Berlin, PA 17316. Such notice shall be deemed to be given when received if
delivered personally or two (2) days after the date mailed if sent by certified or registered mail, return
receipt requested. Any notice of any change in such address shall also be given in the manner set forth
above. Whenever the giving of notice is required, the giving of such notice may be waived in writing
by the party entitled to receive such notice.
26. Definitions; Number and Gender. In the event Mortgagor consists of more than one
person or entity, the obligations and liabilities hereunder of each of such persons and entities shall be joint
and several and the word "Mortgagor" shall mean all or some or any of them. For purposes of this
Mortgage and Security Agreement, the singular shall be deemed to include the plural and the neuter shall
be deemed to include the masculine and feminine, as the context may require. The words "Construction
Loan Agreement", "Mortgage and Security Agreement", "Note", "Assignment of Construction
Contract", "Assignment of Agreements Affecring Real Estate", and "Guarantees" shall include any
supplements to or any amendments of or restatements of the Construction Loan Agreement, this Mortgage
and Security Agreement, the Note, the Assignment Construction Contract, the Assignment of Agreements
Affecting Real Estate, and the Guarantees, respectively. The words "Real Property", "Mortgaged
Property", "Improvements", "Appurtenances", "Equipment", "Building Equipment", "Intangibles",
"Awards", "Insurance Policies", "Lease", "Income and Rents", "Accounts Receivable" and "Security"
shall include any portion of and additions to the Real Property, the Mortgaged Property, the
Improvements, the Appurtenances, the Equipment, the Building Equipment, the Intangibles, the Awards,
the Insurance Policies, the Leases, the Income and Rents, the Accounts Receivable and the Security,
respectively.
14
BooK 1591 PAGE 4781
. I I
27. Incorporation bY Reference. All of the terms and provisions of the Not~ and the
Construction Loan Agreement are hereby incorporated herein by reference.
28. Captions. The captions or heading of the paragraphs of this Mortgage and Security
Agreement are for convenience only and shall not control or affect the meaning or construction of any
of the terms or provisions of this Mortgage and Security Agreement.
29. Governing Law. This Mortgage and Security Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, Mortgagor has executed this Mortgage and Security
Agreement the day and year first above written.
WITNESS:
ttL
Susan H. Confair
(Name Typed)
WITNESS:
t/--
Susan H. Confair
(Nm:ne Typed)
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF C.LtV'n~Clhtd
On this, the I r+h day of 'Y\M..Ct,\t., 2000. before me, a Notary Public in and for the
Commonwealth of P~nnsylvania, per onally appeared Randy L. Lawrence and Sharon A. Lawrence,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within
instrument and acknowledged that they executed the same for the purposes contained therein.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
:' y commission expires:
Notarial Seal
Susanne K. Sather. Notary Public
. Mcamp HI~ ~, CU!flberland County
y CommiSSIon Expires Aug. 25, 2001
Member, PlllflnsylYallia Association of Notar.
15
BOUK 1591 rAGt. .782
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EXHIBIT "A"
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Real estate and improvements located at 675 Williams Grove Road, Mechanicsburg, Upper Allen
Township, Cumberland County, Pennsylvania, more particularly described as the same premises which
Randy L. Lawrence and Sharon A. Lawrence by their Deed dated May 7, 1998, recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Record Book 176, on Page 1086, granted
and conveyed unto Randy L. Lawrence and Sharon A. Lawrence, Mortgagors herein.
16
,aooK1591PAGE .783
\ .
, J I ,
~~ ~hat certai~ piece or parc~l of"la~d situate in the Town~hip
of Upper Allen, County of Cumb~rlanq'anq~st~te of Pennsylvapia,
pourded apg q~sc~~bed as fol10~s, to wit:~ .
..... ~. .
DEGI~ING at a poipt marked by a~ iron pin'in the Western dedicated
r1g~t-of-way line of the Old Grove'Road- (T-620), ~hich point is in
the division 'line between Lots Nos. 1 a'nd 2 'on the hereinafter
mentione!i 1Jlal'\ 0; Lots; thence along the division line b'etween Lots
Nos. 1 and 2 on said Plan, Nor~h B2 degrees 52'minutes 50 seconds
west, 106.72 feet to an iron pin; thence,:continuing along', the
division line between Lots Nos. 1 and 2 on said Plan, North
56 degrees ~S minutes 10 seconds We~t, ,168.BO feet to an iron pin
in th~ Eastern leg~l right-of-way line of the Williams Grove Road
(L.R. 21017); thence along the Eastern legal right-of-way line of
the Williams Grove Ro~d (L.R. 21017), South.01 degree 35 minutes
30 seconds West, 238.69 feet to a point marked by a monument;
thence by t~e sameip ~ southeasterly dir~ction by a curve to the
left paving a radius of 18.00 feet, the arc distance of 33.96 feet
to a point marked by a monument in the Northern dedicated right-of-
way line of the public township road known as Diehl Road (T~S69);
thence extending along said right-of-way line of Diehl Road (T-
S69), North 73 degrees '30 minutes East, 166.12 feet to a point
marked by a'monu~ent in the West~rn dedicated right-of-wny line of
the Old Gro~e Road (T-620) afor~sald; thence, extending along the
western,ded~cated right-of-way l~ne of the Old Grove Road (T-620)
N~rth.34 degre~s?5 minutes 30 seconds East, 125.62 feet to an iro~
p~n ~n the d~ y~sion line between Lots' Nos. 1 and 2 on the
he~einafter mentioned Plan of Lots,' first above mentioned at the
po~nt and place of BEGINNING. '
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BEING Lot No. 2 on the 'Final Subdivision Pian 'for Miller's
Orchards, Inc., which said Plan is recorded. in the Cumberland
County Recorder's Office in Plan 'Book 48, Page 80.
. I I t
, , . "
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
April 11, 2001
To: Randy L. Lawrence
234 Fox Drive
Mechanicsburg, P A 17055
Loan #50037175
The MORTGAGE dated January 11, 2000, held by Peoples State Bank, East Berlin, P A 17316
(hereinafter we, us or ours) on your property located at 675 Williams Grove Road, Cumberland County,
Mechanicsburg, PA 17055 (investment property) IS IN SERIOUS DEFAULT because you have not made the
monthly payments of $399.43 for the months of February, March, and April. Late charges have also
accrued to this date in the amount of$99.85. The total amount now required to cure this default, or in other
words, get caught up in your payments, as ofthe date of this letter is $1,298.14.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the
above amount of$1,298.14, plus any additional monthly payments and late charges which may fall due
during this period. Such payment must be made either by cash, cashier's check, certified check or money order
and made at Peoples State Bank, 100 East King Street, East Berlin, P A 173 16.
If you do not cure the default within TIllRTY (30) DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will
be considered due immediately and you may lose the chance to payoff the original mortgage in monthly
installments. If full payment ofthe amount of default is not made within THIRTY (30) DAYS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed, your mortgaged property wiJI be sold by the Sheriff to payoff the mortgage debt. If we refer
your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still
have to pay the reasonable attorney's fees, actually incurred, up to $50.00, However, iflegal proceedings are
started against you, you will have to pay the reasonable attorney's fees even if they are over $50,00. Any
attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you Cl
the default within the thirty day period, you will not be required to pay attorney's fees. ~
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Randy L. Lawrence
April 11, 2001
Page 2
We may also sue you personally for the unpaid principal balance and all other sums due under the
mortgage.
If you have not cured the default within the thirty 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
Sheritrs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments
plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with
the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the
earliest date that such a Sheriff's sale could be held would be approximately June, 2001. A notice of the 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 will be by calling
us at the following number: 717-259-9510. This payment must be in cash, cashier's check, certified check or
money order and made payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged property.
You have additional rights to help protect your interest in the property. YOU HA VB 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 TillS DEBT. YOU MAY HAVE
THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE
SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES TillS RIGHT MIGHT
EXIST. YOU HA VB THE RIGHT TO HA VB TillS DEF AUL T CURED BY ANY THIRD PARTY ACTING
ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in any calendar
year.
Peoples State Bank
- .?.
By: ~ ~~~L____~
Georgia A. Bear I" 0
Vice President
Collections Department
Certified Mail No. 70000600002773569046
. I' ,
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NOTICE OF INTENTION TO FORECLOSE MORTGAGE
April 11, 2001
To: Sharon A. Lawrence
234 Fox Drive
Mechanicsburg, PA 17055
Loan #50037175
The MORTGAGE dated January 11,2000, held by Peoples State Bank, East Berlin, PA 17316
(hereinafter we, us or ours) on your property located at 675 Williams Grove Road, Cumberland County,
Mechanicsburg, PA 17055 (investment property) IS IN SERIOUS DEFAULT because you have not made the
monthly payments of $399.43 for the months of February, March, and April. Late charges have also
accrued to this date in the amount of $99.85. The total amount now required to cure this default, or in other
words, get caught up in your payments, as of the date of this letter is $1,298.14.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the
above amount of $1,298.14, plus any additional monthly payments and late charges which may fall due
during this period. Such payment must be made either by cash, cashier's check, certified check or money order
and made at Peoples State Bank, 100 East King Street, East Berlin, P A 17316.
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will
be considered due immediately and you may lose the chance to payoff the original mortgage in monthly
installments. If full payment of the amount of.default is not made within THIRTY (30) DAYS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. Ifwe refer
your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still
have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, iflegal proceedings are
started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any
attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure
the default within the thirty day period, you will not be required to pay attorney's fees.
.. l I "
& , i (
Sharon A. Lawrence
April 11, 2001
Page 2
We may also sue you personally for the unpaid principal balance and all other sums due under the
mortgage.
If you have not cured the default within the thirty day period and foreclosure proceedings have begun,
you still have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments
plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with
the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the
earliest date that such a Sheriffs sale could be held would be approximately June, 200 I. A notice of the 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 will be by calling
us at the following number: 717-259-9510. This payment must be in cash, cashier's check, certified check or
money order and made payable to us at the address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged property.
You have additional rights to help protect your interest in the property. YOU 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 TillS DEBT. YOU MAY HA VB
THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE
SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES TillS RIGHT MIGHT
EXIST. YOU HAVE THE RIGHT TO HAVE TillS DEF AUL T CURED BY ANY THIRD PARTY ACTING
ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in any calendar
year.
Peoples State Bank
. ('-=::::'
By: 0-. \--~i>"~'~
Georgia A. Bear .~'l)
Vice President
Collections Department
Certified Mail No. 7000 0600 0027 7356 9053
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03512 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PEOPLES STATE BANK THE
VS
LAWRENCE RANDY L ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LAWRENCE RANDY L
the
DEFENDANT
, at 1013:00 HOURS, on the 28th day of June
, 2001
at LAWRENCE CHEVROLET
CARLISLE PIKE
MECHANICSBURG, PA 17055
by handing to
RANDY L LAWRENCE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answers:
r~~
R. Thomas Kline
06/29/2001
CGA LAW FIRM
Sworn and Subscribed to before
me this Iq~
day of
By, ~ !A),.,~
Deputy She . f
~
q~~-L/ Q .1ttLLL ~
. Prothonotary I
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A.D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03512 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PEOPLES STATE BANK THE
VS
LAWRENCE RANDY L ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LAWRENCE SHARON
the
DEFENDANT
, at 1210:00 HOURS, on the 28th day of June
, 2001
at 5405 JOSHUA DR
MECHANICSBURG, PA 17055
by handing to
SHARON A LAWRENCE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
7.44
.00
10.00
.00
23.44
So Answers:
r~~
R. Thomas Kline
06/29/2001
CGA LAW FIRM
Sworn and Subscribed to before
By, A,-JiLJ~~
Deputy She If
eo
me this J y - day of
~ d-O()( A.D.
~"- O~<~
othonotary I
THE PEOPLES STATE BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
RANDY L. LAWRENCE and
SHARON A. LAWRENCE,
Defendants
CIVIL ACTION - LAW
No. 01-3512 Civil Term
CERTIFICATE OF SERVICE
I hereby certify that on this date Notice of Praecipe to Enter Judgment by Default (copies
of which are attached hereto) was served personally on the Defendants in the manner indicated
below:
FIRST -CLASS MAIL,
POST AGE PREP AID THEREON,
ADDRESSED AS FOLLOWS:
Randy L. Lawrence
234 Fox Drive
Mechanicsburg, P A 17055
Sharon A. Lawrence
5405 Joshua Road
Mechanicsburg, P A 17055
CGA Law Firm
Countess Gilbert Andrews, PC
Dated: November 2,2001
THE PEOPLES STATE BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
RANDY L. LAWRENCE and
SHARON A. LAWRENCE,
Defendants
CIVIL ACTION - LAW
No. 01-3512 Civil Term
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To: Randy L. Lawrence, Defendant
234 Fox Drive
Mechanicsburg, PA 17055
Date of Notice: November 2,2001
IMPORT ANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND TO 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 IMPORT ANT 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166 or 1-800-990-9108
CGA Law Firm
Countess Gilbert Andrews, PC
cc The Peoples State Bank
it
.
..
THE PEOPLES STATE BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
RANDY L. LAWRENCE and
SHARON A. LAWRENCE,
Defendants
CIVIL ACTION - LAW
No. 01-3512 Civil Term
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To: Sharon A. Lawrence, Defendant
5405 Joshua Road
Mechanicsburg, P A 17055
Date of Notice: November 2,2001
IMPORTANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND TO 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166 or 1-800-990-9108
CGA Law Firm
Countess Gilbert Andrews, PC
BY:s~~
29 North Duke Street
York, PA 17401
(717) 848-4900
cc The Peoples State Bank
.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION
THE PEOPLES STATE BANK,
Plaintiff
CIVIL ACTION - LA W
v.
No. 01-3512 Civil Term
RANDY L. LAWRENCE and
SHARON A. LAWRENCE,
Defendants
PRAECIPE FOR JUDGMENT
Enter judgment in favor of Plaintiff and against Defendants for failure to enter an appearance and/or
file an Answer regarding the above-captioned action:
(X) Assess damages as follows:
Debt....................................... $34,383.93
Interest through 11/20/01...............$ 2,126.83
Docket costs. . .. .. .. .. . .. .. .. .. . .. . .. . .. . . $
Attorney's Commission..................$ 5,245.30
TOTAL................................... .$41,756.06
( ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due
in the complaint and is calculable as a sum certain from the complaint.
() Pursuant to Pa.R.c.P. 237 (Notice of praecipe for final judgment or decree), I certify that a
copy of this praecipe has been mailed to each other party who has appeared in the action or to
his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe
was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney
of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this
praecipe and a copy ofthe notice is attached'g 0./~. - r--~
Date: November 20,2001 _~. ~
S 0l1E. Myers, Esq'
Attorney for Plaintiff
29 North Duke Street
York, PA 17401
(717) 848-4900
Supreme Court No. 32111
NOW, jl)ou :2'-
Prothonotary/Clerk, Civil
~~~Je~~
Deputy
THE PEOPLES STATE BA.."IT<,
Plaintiff
IN THE COURT OF COM1vfON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
RANDY L. LAWRENCE and
SHARON A. LAWRENCE,
Defendants
CIVIL ACTION - LAW
No. 01-3512 Civil Term
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
To: Randy L. Lawrence, Defendant
234 Fox Drive
Mechanicsburg, P A 17055
Date of Notice: November 2,2001
IMPORTANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HA VB F All..ED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND TO FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIM:S SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN" TEN DAYS FROM THE DATE OF THIS
NOTICE, A ruDGMENT 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 HA VB A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAJ.'l" GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166 or l-800-9~0-9108
CGA Law Firm
Countess Gilbert Andrews, PC
BY:~ C;(b
Sharon . Myers, Esq. e
29 North Duke Street
York, PA 17401
(717) 848-4900
cc The Peoples State Bank
~
". ..
THE PEOPLES STATE BA1"\TK,
Plaintiff
IN THE COURT OF COl\fMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
RANDY L. LAWRENCE and
SHARON A. LAWRENCE,
Defendants
CIVIL ACTION - LAW
No. 01-3512 Civil Term
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEF AUL T
To: Sharon A. Lawrence, Defendant
5405 Joshua Road
Mechanicsburg, P A 17055
Date of Notice: November 2,2001
IMPORTANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HA VB FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND TO 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 ALA WYER AT ONCE. IF YOU DO NOT HA VB 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166 or 1-800-990-9108
CGA Law Firm
Countess Gilbert Andrews, PC
BY.Sh~~
29 North Duke Street
York, PA 17401
(717) 848-4900
cc The Peoples State Bank
.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
THE PEOPLES STATE BANK,
Plaintiff
CIVIL ACTION - LAW
v.
No. 01-3512 Civil Term
RANDY L. LAWRENCE and
SHARON A. LAWRENCE,
Defendants
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered
against you in the amount of$41,756.06 plus costs on ,A~ocJ d..b
,2001.
(X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
-U-fi,;) K. .JJ
Prothonotary Civil Div ~
~ ~~ Q.~~lJ~
If you have any questions regarding this Notice, please contact the filing party:
NAME: Sharon E. Myers, Esquire
ADDRESS: 29 North Duke Street
York, PA 17401
TELEPHONE NO: (717) 848-4900
(This Notice is given in accordance with P A.R.c.P. 236.)
Notice sent to: NAME Randy L. Lawrence
ADDRESS 234 Fox Drive
Mechanicsburg, P A 17055