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HomeMy WebLinkAbout10-0883 7WILI 2910 FEB _3 PH IN THE COURT OF COMMON P OF CUMBERLAND COUNTY, PENNS CIVIL ACTION - LAW Adams County National Bank, No. 2010- 8S3 iviI Term Plaintiff V. Action in Mortgage Foreclosure Donald L. Flagle, II, and Amanda S. H. Flagle, Defendants To: Donald F. Flagle, II and Amanda S. H. Flagle, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number: 717-249-3166 Toll Free: 1-800-990-9108 ??a.o© Pp A1T'? C,k? ?o?}aya i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Plaintiff V. No. 2010-SU- Action in Mortgage Foreclosure Donald L. Flagle, II, and ; Amanda S. H. Flagle, Defendants To: Donald F. Flagle, II and Amanda S. H. Flagle, Defendants AVISO USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted " puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number: 717-249-3166 Toll Free: 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Plaintiff V. Donald L. Flagle, II, and Amanda S. H. Flagle, No. 2010-SU- I? l d 8'8'3 c) u; ( fe-r, Action in Mortgage Foreclosure Defendants COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 0 V-A day of January, 2010, comes Plaintiff, Adams County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against Donald L. Flagle, Il, and Amanda S. H. Flagle, Defendants, whereof the following is a statement: 1. The Plaintiff is Adams County National Bank, successor by merger to Farmers National Bank of Newville, Mortgagee, a national banking corporation organized and existing under the laws of Congress relating to national banks, with its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. Defendants, Donald L. Flagle, II, and Amanda S. H. Flagle, are adult individuals whose last known address is 65 South High Street, Newville, Cumberland County, Pennsylvania 17241. 3. Defendants are not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 App. U.S.C.A. §501, et seq. 4. On September 9, 1996, Defendants made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book 1341 at page 612. A copy of said mortgage is attached hereto and marked as Exhibit "A". Said mortgage is incorporated herein by reference. 5. The mortgage secures Defendants' note dated September 9, 1996, in the amount of $85,000.00, payable to Plaintiff in monthly installments with interest adjusted as per terms of the note, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. 6. There has been no assignment of said mortgage. 7. The real estate subject to the mortgage is described as follows: ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an alley, on the South by lot now or formerly of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth, be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Ester R. Miller, his wife, by deed dated July 29, 1992, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book U, Volume 35, Page 595, granted and conveyed unto Donald L. Flagle, II and Amanda S. H. Flagle, his wife. BEING further identified as tax parcel #27-20-1759-047 of the records of Cumberland County, Pennsylvania, and known as 65 South High Street, Newville, Pennsylvania. ;I I 8. The present owners of the real estate subject to the mortgage are Defendants. 9. Said mortgage is in default because the payments of principal and interest, which have become due and payable on November 9, 2009, and on the 91h day of each month, thereafter, remain due and unpaid. By the terms of said mortgage and at the option of Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable. 10. By reason of the aforesaid default, the following amounts are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal $ 29,483.26 (b) Interest to 10/13/09 523.42 (c) Late charges 74.26 (d) Other charges 211.50 (e) Attorney's commissions of 5% 1,500.33 TOTAL $ 31,792.77 11. The attorney's commissions set forth above are in conformity with the mortgage documents and Pennsylvania law and will be collected in the event of a third party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to the Sheriff s Sale, reasonable attorney's fees will be charged based upon legal work actually performed. 12. The Combined Notice of Delinquency, which satisfies the requirements of the I Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. §403) and the Notice of Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.S. § 1680.401 c), as amended, have been sent to Defendants by first-class mail, postage prepaid, and by certified mail, return receipt requested. Copies of the Combined Notice of Delinquency sent to Defendants are attached hereto and marked as Exhibits "C and D". Said Notices are incorporated herein by reference. The Certified Mail Receipts (PS Form 3800) from the mailing of said Notices to Defendants and the "Unclaimed" envelopes are attached hereto and marked as Exhibits "E and F." Said receipts and envelopes are incorporated herein by reference. 13. The temporary stay provided by said Combined Notices of Delinquency has terminated. Defendants have failed to cure the aforesaid default. WHEREFORE, Plaintiff demands in rem judgment in mortgage foreclosure for the sum of $31,792.77, plus interest from October 13, 2009 at a per diem of $4.55, additional late charges, costs of suit, and other charges collectible under the terms of the mortgage; for the foreclosure and sale of the mortgaged property; and for other relief as the Court deems appropriate. Respectfully submitted: PUHL, EASTMAN & THRASHER lf? By: Edward G. Puhl, Esquire Attorney ID No. 55709 Attorneys for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 VERIFICATION TO COMPLAINT IN MORTGAGE FORECLOSURE I, Susan M. Saylor, do hereby state that I am Assistant Vice President, Collections, of Adams County National Bank, that I am authorized to make this verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that this statement is being made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: January Jam, 2010 Susan M. Saylor Assistant Vice President, ollections Adams County National Bank s ROBERT P. ZIEGLER RECORDER OF DEEDS i;UMBERLAND COUNTY-PA "96 SEP 17 AM 11 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument') is )riven on .. September 9, 19 .. 6... The mortgagor is .DRNALD..L,.-..FLAGLE.,..Il..and..AMAIITAA..&.I3 F.LAGL)r ................................ • • • • • ...... • • • • . • • • ... • • • • .................. ("Borrower'). This Security Instrument is given to . FARMERS . NATI ONAL.. BANK.... . AE..NEW.VILLE.. PA ................ .............................. , which is organized and existing under the laws of ..P.ennsylvania ............................. . and whose address is 1.. West. B.ig..Spr.ing..Avenue,....... Newv.ille 0...PA.... 17.241 ........................................................ ("Lender'). Borrower owes Lender the principal sum of ...EIGHT.Y..F.IV.E..Dollars (U.S. $85.,.0100...00.. ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ......................................... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and con?eyy to Lender the following described property located in .65..So.u.th. .. High... Street.,-NewAtlle..Borough,...CunWrIanfd ............................... County, Pennsylvania: See Exhibl3.lrt "A" attached hereto and incorporated by reference herein. which has the address of.6.5..South..High. Street.e..NewvM11e.Borough ..... ................... NewvWdI.e...... [Street) [City] Pennsylvania ....1.7,241 ............. ("Property Address'); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform convenants for national use and non-uniform covenants with limited variations, by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA'), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require PEN NSYLVAN IA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 (9/90) (page I ol4 pages) EXHIBIT "A" BOOKi3411'ACE 612 Borrower td pay a one-time charge for an independent real estate tai[ reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds; showing credits and debits tothe Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the -xcess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case, Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole iiscretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 thali be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest iue; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority.over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the nanner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments iirectly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to .he payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against .nforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures 'rom the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines hat any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a totice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of totice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured tgainst loss by fire, hazards included within the term "extended coverage"and any other hazards, including floods or flooding, for which ender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance :arrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If 3orrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the 'roperty in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the fight to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and enewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss f not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property lamaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not :conomically feasible or Lender's security would be lessened, the insurance proceeds shall he applied to the sums secured by this Security nstrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 lays a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender nay use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The ;D-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due late of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the .cquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument nd shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender -therwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond lorrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the 'roperty. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith idgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's ecurity interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be . ismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other iaterial impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if lorrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to rovide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, epresentations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, lorower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall .ot merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security nstrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, ?robate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to -rotect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien thich has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to lake repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall VC, omq additional.de zt oT BYs";der secured by this Security nstrument. Unless Borrower and Lender agree to other terms of payment; these amounts sbid bear interestfrom the date of disbursement t the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, orrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance overage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially 46ivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Form 3039 9/90 (page 2 of 4 pagess) 8001(i341PAGE W nsuranee previously in effect, from an alters Ate mortgage insurer, approved by Lender. If.-.- ;tantially equivalent mortgage insurance :overage is not available, Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium )eing paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a oss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance :overage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and s obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the equirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make upon and inspections of the Property. Lender shall give Borrower rotice at the time of or prior to an inspection spec. Cause for the inspection. 10. Condemnation. The proceeds of any award o ' ITI ?ges; direct or consequential, in connection with any condemnation it other taking of any part of the Property, or for conveyance rn condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or iot then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the 'roperty immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately refore the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by he amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, livided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a rartial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the ums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise irovides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or ettle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to ollect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security nstrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due late of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of mortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate o release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings gainst any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this ;ecurity Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by .ender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security nstrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. lorrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute he Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the erns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that .ender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this ;ecurity Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges and that law is inally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted imits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums .;ready collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by educing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be reated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first lass. mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address lorrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any -they address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been iven to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law "and the law of the jurisdiction in which he Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such onflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. 'o this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or ransferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior rritten consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, ais option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 ays from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If lorrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security nstrument without further notice or demand on Borrower. 18. Borr ower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this ;ecurity Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for einstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment nforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this ecurity Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays 11 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such ction as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's bligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borr ower, this Security nstrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to .instate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be :)Id one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that ollects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer nrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance ,ith paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which ayments should be made. The notice will also contain any other information required by applicable law. BooK M PAGE 614 Form 3039 (9/90) (page 3 of 4 pages) 20.'Ha2ardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of ny Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Iazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental r regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has ctual knowledge. If Borrower learns, oris notified by any governmental or regulatory authority, that any removal or other remediation of ny Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance iith Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by :nvironmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and erbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or nvironmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant r agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). .ender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must e cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, treclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after cceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to cceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums toured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender tall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, ttorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall :rminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to orrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce ds Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, cemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the roperty, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an :tion of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security tstrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants id agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 14 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any ier(s) executed by Borrower and recorded with it. 'itnesses: (((/// ... . (Seal) Donald L. agle, II -Borrower /Ji..... .............. . . . ......... (Seal) Amanda S.H. F le -Borrower [Space Below This Line For Acknowledpnentl )MMONWEALTH OF PENNSYLVANIA, C tmb t and this, the_ 9th day of?.S'Pptpmber 19??,before me, Richard I, W bbert,Jr undersigned officer, personally appeared win A?t'? ?i F 1},, known toAqme (or satisfactorily proven) to be the person(s) osename(s).. Arcs 3d'tdthAAt§fiinsT 1A4ekrMV1 {Rat and wife •...;:?,.;:,_ :cured the same for the purposes herein contained. WITNESS WHEREOF, I hereunto set my hand and official seal. r Commission expires: ?j ? f,ct•1 ??? /?1?70 ?aYNARIIL wow ea -te r wra' F :reby certify that the precise address of the within Mortgagee (Lender) is 1 W. !t- BOOKiMium 615 is _ Title of Officer N y , , ring venue, Nei-W /y 7'tCoc„r 'Title of Officer Form 3039 (9/90) (page 4 of 4 poges) •-ALL THAT CERTAIN tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an alley, on the South by lot now or formerly of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth, be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Ester R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book U, Volume 35, Page 595, granted and conveyed unto Donald L. Flagle, II and Amanda S. H. Flagle, his wife. BEING further identified as tax parcel # 27-20-1759-047 of the records of Cumberland County, Pennsylvania, and known as 65 South High Street, Newville, Pennsylvania. "'160f Pennsylvania :!Pty of Cumberland SS 'n the office for th a recording of De** mberland Coun a y ha V - Pa F.. al of Car G,,.: ?r, t#is offer. Exhibit "A" 1 BOOK y341 PAGE, W NOTE September...9 ................................. 19...96... .... Ne1JY711.p ..................... „ Pe11WIYJypni a............ [city] [State) .,.65 So.............. h Hgh. Street, Newville,. PA 17241 .................................................................................................................... [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. 5...85 , 000.00 ................. (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is fh?..k axla? N.41.30.114!1 .. Bg??K..R...1??XY.? 1 W. .. Big „ Spring, Avenue,,, ,Newyille,, PA„17241 I understand ....... ................................... that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ........9'i .............. %- The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the ...9 th ...... day of each month beginning on.fctmber...9 ........................... 19.3.6... I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on .... Sp-ptsmbex..9.-.2021 .................... I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments atThe„Farmers...National ... . Bank..o. .f,.Ne.wville,,,,,1 W. Big„Spring . . . .................................... .............. ...... .... ye:, ,, ......... ewi l le,, ..PA ... 11.2.4.1 .,,,,,,,.,, ... or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S.142.0 ............................... 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of .........1.5 ............ calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ...5..........% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be'given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. EXHIBIT "B" MULTISTATE FIXED RATE NOTE--Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/83 S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Benefleial Interest is Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date. the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ..............1? ?. ... .. ............................................. (Seal) D ald L. Flag e I aorroww ....... ................................... ..(Seal) Amanda S. H. Flag le •Bonower ........................................................................................................... . (Seal) .Borrower [Sign Orrgi w only] Date: November 10, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. Ifyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. - LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTI FICACIO'N OBTENGA UNA TRADUCCIO'N I NMEDIATAMENTE LLAM ANDO EST A AGE NCIA (PEN NSYLVANIA H OUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PR OGRAMA L LAMADO " HOMEOWNER'S EMER GENCY M ORTGAGE A SSISTANCE PRO GRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Donald L. Flagle, II PROPERTY ADDRESS: 65 South High Street, Newville, PA 17241 LOAN ACCOUNT NO.: 7456026 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Adams County National Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU ME ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PE NNSYLVANIA HO USING FINANCE AGENCY. EXHIBIT "C" TEMPORARY STAY OF FOR ECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE . IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for speck information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE PO STMARK D ATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEM AP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT I F YOUR APPLICATION IS E VENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY AC TION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 65 South High Street, Borough of Newville Cumberland County PA IS SERIOUSL Y IN DEFA UL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS due: Monthly payments of $742.65 due for September 9, C of $74.26. for the following months and the following amounts are now past )ctober 9 and November 9, 2009, plus past due charges Other charges (explainlitemize): TOTAL AMOUNT PAST DUE: $2,302.21 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use i not applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2.302.21 . PL US ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ADAMS COUNTY NATIONAL BANK PO Box 3129 Gettysburg, PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THRTY (30) DAYperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAYperiod 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 Sheri's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Adams County National Bank ADDRESS: P.O. Box 3129, Gettysburg, PA 17325 PHONE NUMBER: (717) 339-5069 FAX NUMBER: (717) 334-1658 CONTACT PERSON: Susan M. Saylor E-MAIL ADDRESS: ssaylor(a,acnb.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or V( may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY, CUMBERLAND COUNTY FRANKLIN COUNTY AND YORK COUNTY Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Consumer Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 846-4176 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Opportunity Inc. 301 E. Market Street York, PA 17403 (717) 424-3645 HUD Housing Counseling Program 1-800-569-4287 *Copies also sent first class mail Date: November 10, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. Ifyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTI FICACIO'N OBTENGA UNA TRADUCCIO'N I NMEDIATAMENTE LLAM ANDO EST A AGE NCIA (PEN NSYLVANIA H OUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIB A. PUEDE SE R ELEGIBLE PARA UN PRE'STAMO POR EL PR OGRAMA L LAMADO " HOMEOWNER'S EMER GENCY M ORTGAGE A SSISTANCE PRO GRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Amanda S. Flagle PROPERTY ADDRESS: 65 South High Street, Newville, PA 17241 LOAN ACCOUNT NO.: 7456026 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Adams County National Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE `FACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU ME ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PE NNSYLVANIA HO USING FINANCE AGENCY. EXHIBIT "D" TEMPORARY STAY OF FOR ECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE . IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE PO STMARK D ATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEM AP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS E VENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY AC TION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 65 South High Street, Borough of Newville Cumberland County PA IS SERIOUSLYINDEFAULT because: A. YOUHAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _ Monthly payments of $742.65 due for September 9, October 9 and November 9, 2009, plus past due charges Other charges (explainlitemize): TOTAL AMOUNT PAST DUE: $2,302.21 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2,302.21 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ADAMS COUNTY NATIONAL BANK PO Box 3129 Gettysburg, PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not a,pplicable. ) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorneys fees will be added to the amount you owe the lender, which may also include other reasonable costs. Ifyou cure the default within the THRTY(30) DAYperiod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up I one hour before the Shers Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: NAME OF LENDER: Adams County National Bank ADDRESS: P.O. Box 3129, Gettysburg Pt PHONE NUMBER: (717) 339-5069 FAX NUMBER: (717) 334-1658 CONTACT PERSON: _ Susan M. Saylor E-MAIL ADDRESS: ssaylor(,acnb.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or ? may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY, CUMBERLAND COUNTY, FRANKLIN COUNTY AND YORK COUNTY Adams County Interfaith Housing Authority 40 E. High Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Consumer Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 846-4176 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Opportunity Inc. 301 E. Market Street York, PA 17403 (717) 424-3645 HUD Housing Counseling Program 1-800-569-4287 *Copies also sent first class mail i --i c ?y O 0 33 n x C z N m 7 ^i n C= m 33 -? mm m m '- v rr, c a r0 Ln ru '--# E3 u1. ? Postage .44 °- ?~•.) 1j?32S C certified Fee 2.80 P PQ C3 rk C Retum Receipt Fee 4?yre \ C ?- C (EndoraementRequired) 2.30 % 03 tFy C Restricted Delivery Fee ^ r11 CI (Endomement Required) b + z O ? r-1 m cQ Total Postage & Fees $ 5.54 Saylor/728 p z C _ t , .) C rUj sent To C ca ?..?.? d C DONALD L FLAGLE I l F x ----------------------------------- C -------------- --- ------- ------- • x N C aPOBaxMo. 65 SOUTH HIGH STREET Y C Ln dies.e., its NEWV ILLE , - PA 17 24.i-------- -- ----- .,?? • Q C17 Ln C _ H a Ul _ x H O C ;] r!! r`a µ z m N i -' N D -1 -4 10 MCC 0 to rz? -- is moz r 4m ONO 3 I -q mrn y? 10 ;a z 0 D ?p m ? A 0 1? ;?oossoarsro " 0 p ?% u i. WOad 03??tlNl - '' to via lsatd 031S3 ? ?tlls0d sn 30 OZ ZL AON Naniab (!'? 1SOd03N Z7LHIBIT "E" r(J • Mad O nly: No io ,urjncp; (jVeij f?'rovtued; a , . q ru For d- I OFF ICIAL WE)' 'E Z3- Postage $ .44 Ln 3 2 5 ..., C1 Certified Fee 2 .8 0 O C3 Retum Receipt Fee (Endorsement Required) 2.302 N Restricted DeWery Fee ^ 1 O (Endorsement Required) J ra rO Total Postage& Fees $ 5. 54 ` or / 7 28 nj Sent To AMANDA S .1"LAGLE C3 - street. ApENo.1 ----------------------...------. or PO Box No. 65 SOUTH HIGH STREET NEWVILLE PA 17241 ' o ? ?0 0 z v I Y Z N m 1 G ,r n m m "i m 1 ? i m 1 ? C3 i I'i.l 0 r 41* a»J C Y C3 r- ° I?.?.?.?. O C3 t d per' i •-- x Ln as Ln tj ?y Cr7 C3 tr1 ru z H 02 .???. •• x H t+ m A 0 C A 1+ Z Iii 1'6 0 D 4! -4 w MCC; W - rw f? h) r1ml r F: to moz: ,.: r ifi -ID-+ m c OHO; 1-6 sF /1/711151 t ) m 1°Z °0 ; ?. lD D m 0 0 @ _ i 40b I- A £6Zt00S8tklf8t'? ? U N h) h) Smi. V408A (1311dW I ? _- t O SSV13IS2NId C331S9 W t 1- 39tl1SOd Sn _ 3` 16 _ 0 6ooZ Z4 110N N2if1132! ? a ?Q'S? 1SOd03N ? t ?+ 1 EXHIBIT 'T' SHERIFF'S OFFICE OF CUMBERLAND .COUNTY Ronny R Anderson Sheriff ~~~y~t~ ~~ ~amGrrr~~~ ~~., ->. pFFiCE CFF - ~ W S!~ERIFF ~~' hiE~T G~NOI~t~'( Jody S Smith Chief Deputy Edward L Schorpp SOIICItOr ZfllO MAR -4 PM 1 ~ 35 r~' Ct1Mr~~CE~su~"a xu t.~ r" ~idNSYI.VAPdif~ Adams County National Bank vs. Amanda S.H. Flagle (et al.) Case Number 2010-883 SHERIFF'S RETURN OF SERVICE 03/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 4, 2010 at 0900 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald L. Flagle II. Deputies spoke to a female through the door at 65 South High Street, Newville, PA 17241 residence. However, the female refused to accept service. After several attempts the Complaint and Notice is being returned not served. 03/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 4, 2010 at 0900 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amanda S.H. Flagle. Deputies spoke to a female through the door at 65 South High Street, Newville, PA 17241 residence. However, the female refused to accept service. After several attempts the Complaint and Notice is being retumed not served. SHERIFF COST: $76.84 March 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj GountySuite Sheriff. Te!eoso8. Ir;,^,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as Adams County National Bank, Plaintiff VS. : Donald L. Flagle, II, and Amanda S. H. Flagle, Defendants No. 2010-883 Civil Term Action in Mortgage Foreclosure PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Action in Mortgage Foreclosure as discontinued. Dated: December,, 2010 PURL, EASTMAN & THRASHER By: &o?oxo'x" -4 Edward G. Puhl, Esquire Attorney ID Number 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 C'7 c_ N o Q rn_ =M :Z;:a M C-*) -U¢-- -<r D N M o° = CD-n o D? N COQ -? cv