Loading...
HomeMy WebLinkAbout11-7027I r) '" V FILED-,OFFICE OF THE PROTHONOTARY 2011 SEP -9 AM 11: 51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYt AND COUNTY CIVIL ACTION - LAW "W5YLVANIA ACNB Bank, formerly known as Adams County National Bank, Plaintiff, VS. Steven E. Westhafer, and the United States of America, No. 11- Civil Term Action in Mortgage Foreclosure Defendants. To: Steven E. Westhafer, and the United States of America, 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 6) v- oetzo,? uo5s2-7 A?V264(sF7 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as No. 11- Civil Term Adams County National Bank, Plaintiff, VS. Action in Mortgage Foreclosure Steven E. Westhafer, and the United States of America, Defendants. To: Steven E. Westhafer, and the United States of America, 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. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as Adams County National Bank, Plaintiff, VS. Steven E. Westhafer, and the United States of America, Defendants. No. 11- Civil Term Action in Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this -Sth day of September, 2011, comes Plaintiff, ACNB Bank, formerly known as Adams County National Bank, by its attorneys, Puhl, Eastman & Thrasher, who bring this action in mortgage foreclosure against Steven E. Westhafer, and the United States of America, Defendants, whereof the following is a statement: 1. Plaintiff, ACNB Bank, formerly known as Adams County National Bank, is a Pennsylvania financial institution, with its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. Defendant, Steven E. Westhafer, is an adult individual whose last known address is 71 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant is 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 of 2005, 50 App. U.S.C.A. § 501 et seq. I 4. The United States of America is named party defendant, pursuant to the provisions of 28 U.S.C.A. §2410. The United States of America claims liens on the property herein sought to be foreclosed, initiated by the filing of the following Notices of Federal Tax Liens: (A) Notice of Federal Tax Lien No. 2008-00035, naming Steve E. Westhafer as taxpayer, filed on January 3, 2008, in the office of the Prothonotary of Cumberland County, Pennsylvania, in the amount of $9,940.91, (a copy of said Federal Tax Lien is attached hereto and marked Exhibit "A") (B) Notice of Federal Tax Lien No. 2008-04601, naming Steve E. Westhafer as taxpayer, filed on July 31, 2008, in the office of the Prothonotary of Cumberland County, Pennsylvania, in the amount of $89,516.58, (a copy of said Federal Tax Lien is attached hereto and marked Exhibit `B"). 5. On February 25, 2004, Defendant 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 Record Book 1855 at page 1906. A copy of said mortgage is attached hereto and marked as Exhibit "C". Said mortgage is incorporated herein by reference. 6. The mortgage secures Defendant's note dated February 25, 2004, in the amount of $1,400,000.00, payable to Plaintiff in monthly installments with interest adjusted as per terms of the note, a copy of which is attached hereto as Exhibit "D" and incorporated herein by reference. 7. There has been no assignment of said mortgage. 8. The real estate subject to the mortgage is described as follows: Property Address: 39 Glendale Drive, Mechanicsburg, PA 17055 Tax Map and Parcel No. 38-05-0435-011 ALL that certain piece or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road T-592, known as Glendale Drive, at corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8 minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet to a point; thence by the same, South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30 seconds West, 28 feet to a point; thence South 10 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet to a point; thence by the same, South 61 degrees 55 minutes 15 seconds West, 251.64 feet to a point; thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35 feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post; thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04 minutes 27 seconds East, 373 feet to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point; thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East, 948.23 feet to a point; thence by the same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to a point in the center line of Township Road T-592, the place of BEGINNING. BEING the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and wife, by their Deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 257, at page 2338, granted and conveyed unto Steven E. Westhafer. 9. The present owner of the real estate subject to the mortgage is Defendant, Steven E. Westhafer. 10. Said mortgage is in default because the payments of principal and interest, which have become due and payable on May 1, 2011, and on the 1st 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. 11. By reason of the aforesaid default, the following amounts are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal $874,276.99 (b) Interest from 04/02/11 to 09/07/11 $ 21,105.20 (Plus $82.70 per diem thereafter) (c) Late charges to 09/07/11 $ 2,014.80 (Plus $402.96 per month thereafter) (d) Other fees $ 257.00 (e) Attorney's fees (estimated through completion of foreclosure, at a rate of $210.00 per hour) $ 3,500.00 TOTAL $901915399 12. 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 on legal work actually performed. 13. The Combined Notice of Delinquency, which satisfies the requirements of the 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, has been sent to Defendant by first-class mail, postage prepaid, and by certified mail, return receipt requested. A copy of the Combined Notice of Delinquency sent to Defendant is attached hereto and marked as Exhibit "E". Said Notice is incorporated herein by reference. The U.S. Postal Service Track and Confirm pages from the mailing of said Notice to Defendant is attached hereto, incorporated herein, and marked as Exhibit "F" Said Receipt is incorporated herein by reference. 14. The temporary stay provided by said Combined Notice of Delinquency has terminated. Defendant has failed to cure the aforesaid default. WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the sum of $901,153.99, plus interest from September 8, 2011, at a per diem of $82.70, 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: PURL, EASTMAN & THRASHER By: Edward G. Puhl, Esq.- Attorney ID# 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as Adams County National Bank, Plaintiff, VS. Steven E. Westhafer, and the United States of America, Defendants. No. 11- Civil Term Action in Mortgage Foreclosure VERIFICATION TO COMPLAINT IN MORTGAGE FORECLOSURE I, Susan M. Saylor, do hereby state that I am Assistant Vice President, Loan Risk Officer, of ACNB Bank, formerly known as 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: q13111 1 Zole. // usan M. Saylor Assistant Vice President, Loan Risk Officer ACNB Bank Fan "a (T)(c) Department of the Treasury - internal Revenue Service (Rev. Fokuwv 2004) Hodee of Federal Tax Lien 71. Ac Area: Serial Number SHRM W833 BSS/SELF RNWAYM AM #2 Usn Unit Phone: (800) 913-6050 410602207 As P o " M d by ncdm 6321, 6322, mad 6323 of A* iaaeot Rowwe Cody we an *log a modes dot t=ss (bKk dkg hi i - i wd pudda) how bees assumed apbw dw fo/ewht?sa¦NOd wrPalrer. we low Mak a dam nd for papom of dds lishN% bw k 0111 is ¦11W" Thareis % than Is a In is b w of duo UWWd Stan oa all peasrtr and don to PW69Y h@faslaho to dds exgmt ar for dw aeoeet of due amm, mad addle of W Peaddes, hltwast, aad costs dwt asap acams. Residence 71 SILVER CROWN DR MECHANICSBURG, PA 17050-1638 _N COip Q ?7 n L sr, For Optioesl UN by Rai Ji 'PW C.k /9 y/ t /.'0' ,2o.K vl IMIORTANT Ri1AM DWOMAM016 For each aaesscnent Rood below, unless notice of the Men Is refilled by the date given in coksnn (N, this rgtice aw, on the day following such date, operate as a certitimo of release as dMnsd In IRC 6326(x). KhW of Tax T x PC Mm ybw Umber Jaw"noomf Last_ Oa4r for 1040 112/3 Place of Filing 41 XXX-XX-2265 104/02/20071 05/02/2017 Prothonotary Cumberland County Carlisle, PA 17013 of Aass ew F`1- 9940.91 Totai I$ 9940.91 This notice was prepared and signed at DETROIT, MI , on th(a, the 19th d of December 2007 Signature . 9 TMOVENUIEC for DAVID M. SHROYBR OFFICER 22-06-1442 (717) 777-9625 x1320 (MOTES cwof m of ofNwr sudwind by law to tale *cb nv*dgmmt is nor agarKW w the vaNdhy of Notbs of Fadaral Tax Nan Rw. Rul. 71-486, 1971 - 2 C.B. 409) Form ms(s) 2-20 X cart t - Kass by Raon bg Gllla CAT. N NO O Mov. e0026X EXHIBIT "A" ftm 668 ffxc) - - - - Department of the Treset" - internal ftwnus Service Mw. Febwry "M Mw" of Federal TM Lien 7L_ a C/Lat of M Area: Serial Number For f ond Use by Rs oordY+a O lases SMALL MM MB88/9W SIGWYSD ARM #2 , 4/ e/q o-0 Lien Unit Phone: (900) 913-6050 458434608 As pi ddsd by wabn 6321, 6322, sod 6323 of do' I woal Rs? ?, ,2G o'?P Code, we an iris a steels dws mw (bt Wks h?ewnst aid pooddw) k we bar a wmnd aphw dw Nib - I t@ - ed tan mpw. ilk brm needs /?? sip y/3 a dwond for popent of dik Nsb/ty, but k rwoshts wwM. 'ib6dwo, dwe k a Mn is bw of era UdW Maas so A prowty and rbba to properly bdonriss is dds for dw asnmt of don taoa * and o 0 addldoosl parald % 1¦twwy and costs that seer scam& erne o Taxpayer S !-! r C M-- Residence Residence 71 SILVER CROWN DR MECHMCSSURO, PA 17050-1638 N MrO?TA? RELEAiE ?+OR6IATIOIiIi For each wseesmsnt Nsted below, { tJ! c,:. -? unNss notice of the Nsr1 N rAsd by the date given in cohmn i i, this notice shell, on 6* day foMowft such data, operate as a cerdficatts of relssse w dsRnsd in MC 0326(a). ra*w T Daft so Laq DM of Taos F"M 1 ldmdbbg Ik" w Anws of RdEft Aimmm of a b c • 1040 12/31/2005 XXX-XX-2265 04/14/2008 05/14/2018 89516.58 P4800 of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total ?$ 89516.58 This notice was prepared and signed at DETROIT, MI , on this, the 22nd day of July 2008 Signature f? A. l n??c c RS MM OFFICER 22-06-1442 for DAVID M. SHROYER (717) 777-9625 x1320 (MM CwdAoats of ORWW GUft =d by low to tab wkmwbdwvwvt b not eaaantie to the vWWky of Notion of Fedwd Tax Non Rev. Rul. 71-406, 1971 - 2 C.B. 4081 1 rarc t - wec y -coma Fonn Ka CAT. N NO O 60025X CAT 026X EXHIBIT "B" _j T P.71EGLER OF DEEN ? A'+L COIiNTY r? ''7 P11 3 2q -5 After Recording Return To: ADAMS COUNTY NATIONAL BANK 675 OLD HARRISBURG ROAD GETTYSBURG, PA 173,75 [Space Above This Line For Recording Data] LOAN NO.:' MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, IS, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 25, 2004 together with all Riders to this document. (B) "Borrower" is STEVEN E WESTHAFER Borrower is the mortgagor under this Security Instrument. (C) "Lender" is ADAMS COUNTY NATIONAL BANK Lender is a CORPORATION organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA Lender's address is 675 OLD HARRISBURG ROAD Gettysburg, PA 17325 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated FEBRUARY 25, 2004 The Note states that Borrower owes Lender ONE MILLION FOUR HUNDRED THOUSAND AND 00/100 Dollars (U.S. $ 1,400,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 1, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA - Single Family Laser Forrns Inc. (800) 4463555 ` LFI XADA3039 1/01 Page 1 of 14 Initials: EXHIBIT "C" Page 1 of 18 9K1855PG1906 (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: OX Adjustable Rate Rider Q Condominium Rider E::] Second Home Rider 0 Balloon Rider 0 Planned Unit Development Rider 1-4 Family Rider 0 Biweekly Payment Rider Q V.A. Rider 0 Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) .9s well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of finds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through. an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to. point-of-sale transfers. automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amouni uue for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (l3 LI.5.(? . ?N)01 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might- be amencied from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. PENNSYLVANIA - Single Family Laser Forms Inc. (800) 44rr3555 LFI XADA3039 1/01 Page 2 of 14 Initials: G J?:_ EXHIBIT "C" Page 2 of 18 BKI855PG1907 V I TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan. and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction] [Name of Reeordintl Jurisdiction] SILVER SPRING TOWNSHIP THIS MORTGAGE IS TO SECURE A PRESENT AND FUTURE ADVANCEMENT OF FUNDS IN ACCORDANCE WITH A CONSTRUCTION LOAN AGREEMENT OF EVEN DATE HEREWITH TO ENABLE COMPLETION OF THE CONSTRUCTION OF THE IMPROVEMENTS TO BE ERECTED ON THE MORTGAGED PREMISES. which currently has the address of GLENDALE DRIVE ISlreell MECHANICSBURG Pennsylvania 17055 "Property Address"): ICityl IZip 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 covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA - Single Family Laser Forms Inc. (800) 4463555 LFI #ADA3039 1/01 Page 3 of 14 Initials: 5J. LIJ EXHIBIT "C" Page 3 of 18 BK 1855PG 1908 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Chargcs. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment Linder the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan Current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments Line under the Note and th;s Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in thi.; Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) taxes and insurance due under Sections 4 and 5; (b) interest due under the Note; (c) late charges; (d) costs of collections; (e) amounts due under Section 3; (f) principal due under the Note. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges. second to any other amounts Linder this Security Instrument, and then to reduce the principal balan`be of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shal I not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due Linder the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance pre;.:,Ims, if any, or any sums payable by Borrower to Lender in lieu of the payment of Moitgwi? !nsurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the teen of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall bean Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446-3555 LFI #ADA3039 Lroi Page 4 of 14 Initials: E%HIBIT "C" Page 4 of 18 BKI855PG1909 shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower. shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no latet thr::; the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annuai!-., 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. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. 'To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over ti•is Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien io a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the PENNSYLVANIA - Single Family Laser Forms Inc. (800) 4463555 _ LFI XADA3039 1/01 Page 5 of 14 Initials: EMBIT "C" PAGE 5 of 18 RK1855PG1910 actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage." and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obt4in insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender; but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,.hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender. as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower. otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by LeOcr, shall be applied to restoration or repair of the Property, if the restoration or repair iF Pconomically feasible and Lender's security is not lessened. During such repair and restoration period, Lender ;hall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Stich insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446-3555 LFI #ADA3039 1/01 Page 6 of 14 Initials: 15 GA A-) EXHIBIT "C" Page 6 of 18 BKI855PG1911 related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occup, *.;tc Property as Borrower's principal residence for at least one year after the date of occupancy, 01',less Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuat!tlg circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations i,iclude, but are not limited to, representations concerning Borrower's occupancy of the Prop,-:7-t-,- as-Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security. Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights Linder this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It PENNSYLVANIA . Single Family Laser Forms Inc. (600) 4463555 LFI #ADA3039 1/01 Page 7 of 14 Initials:47C_Aj EXHIBIT "C" Page 7 of 18 RKI855PG1912 is agreed that Lender incurs no liability for not taking any oral I actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a conolt:,, of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. ;f, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity. that purchases the lvoi.,, for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a r-fund of any PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446-3555 LFI#ADA3039 1/01 Page 8 of 14 Initials: EXHIBIT "C" Page 8 of 18 855PG1913 01% Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instillment shall be reduced, by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, ur loss in value divided by (b) the fair market value of the Property immediately before the partial tc.+, in.g, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this 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 Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are herehy assigned and shal l be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment PENNSYLVANIA - Single Family Laser Forms Inc. (800) 4463555 LFI#ADA3039 1101 Page 9 of 14 Inltials:sk l EXHIBIT "C" Page 9 of 18 DU 855PG1914 or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender ," ees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to P-rrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument PENNSYLVANIA -Single Family Laser Fortes Inc. (800) 446-3555 A. + LFI #ADA3039 iroi Page 10 of 14 Initials: E%HIBIT "C" Page 10 of 18 BK 1855PG1915 shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine fender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. I f all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. Idowevel, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 11' Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower 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. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays al! expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonabl;. attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of pro(cting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as : ender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. PENNSYLVANIA - Single Family Laser Forms Inc. (600) 446-3555 l LFI #ADA3039 1/01 Pagel 1 of 14 Initials: EXHIBIT "C" Page 11 of 18 BK 1855PG 1916 A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actior. pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a,) that is in violation of anv Environmental Law, (b) which creates an Environmental Condition, or (c) which. due t the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Proner)y.. ; Ile preceding two sentences shall not apply to the presence, use, or storage on the Property of smaii .t; antities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA - Single Family Laser Forms Inc. (800) 448-3555 LFI #ADA3039 1/01 Page 12 of 14 Initials: EXHIBIT "C" Page 12 of 18 mr, 855PG 1917 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sa!- of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security JtlsrrL..uent is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase mc,jey mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA - Single Family Laser Forms Inc. 1800) 446-3555 ?+ LFI#AOA3039 1/01 Page 13 of 14 Initials.? EXHIBIT "C" Page 13 of 18 1855PG19:18 oil BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ss?. (Seal) STEVEN E WESTHAFER -Borrower [Space Below This Line For Acknowledgment] _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Certificate of Residence I, George A. Vaughn, III do hereby certify that the correct address of the within-named Lender is 675 OLD HARRISBURG ROAD, Gettysburg, PA 17325 Witness my hand this25th day oFebruary 2004 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 25th day ofFebruary, 20 04 before me the undersigned officer, personally appeared STEVEN E WESTHAFER known to me (or satisfactorily proven) to be the person whose name(s) is/m, subscribed to the within instrument and acknowledged that he/skeAhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commis! ' WEALTH OF PENNSYLVANIA Notarial Member, Pennsylvania Association Of Notaries PENNSYLVANIA - Single Family Laser Forms Inc. (800) 448-3555 LFI#ADA3039 IM Page 14 of 14 _2 Seal , NarK.y L 13istline Notary Public Hampden Twp., (?rrlberiand Courtly ? Carnntlesfon Fires Sept 8.2007 ??'t't-fin Notary Public QQECc%HCCIBIT "C" Page p (JK, I C1 J J PG 19's1 Adams County National Bank Loan No. Legal Description ALL THAT CERTAIN piece or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road T-592, known as Glendale Drive, at corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8 minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet to a point; thence by the same, South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30 seconds West, 28 feet to a point; thence South 10 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet to a point; thence by the same, South 61 degrees 55 minutes 15 seconds West, 251.64 feet to a point; thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35 feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post; thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04 minutes 27 seconds East, 373 feet to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point; thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East, 948.23 feet to a point; thence by the same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to a point in the center line of Township Road T-592, the place of BEGINNING. BEING the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and wife, by deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto Steven E. Westhafer. EXHIBIT "C" Page 15 of 18 OKl855PG1920 FIXED/ADJUSTABLE RATE RIDER (One-Year Treasury Index - Rate Caps) LOAN NO. THIS FIXED/ADJUSTABLE RATE RIDER is made this 25TH day of FEBRUARY, 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to ADAMS COUNTY NATIONAL BANK, CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and located at: GLENDALE DRIVE MECHANICSBURG, PA 17055 (Property Address) THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM 11-ATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 5.625 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of MARCH . 2012 , and the adjustable interest rate I will pay may change on that day every 1 2th month thereafter. "rhe date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure :available as of the date 45 days bF•fore each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that i= based upon comparable information. The Note Holder will give me notice of this choice. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-ONE YEAR TREASURY-Single Family-Fannie Mae UNIFORM INSTRUMENT FNMA3182 (12/00) Page I of 3 FORM 3132 1/01 EXHIBIT "C" Page 16 of 18 B" 1855H 1921 SEA (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND THREE QUARTERS percentage points ( 2.750%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than 7.625 % or less than 3.625 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest 1 have been paying for the preceding 12 months. My interest rate will never be greater than 11.625%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before Inc c fective date of any change. The notice will include the amount of my monthly payment, any information required b;, lava- to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. It' Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrolve, falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-ONE YEAR TREASURY-Single Family-Fannie Mae UNIFORM INSTRUMENT FNMA3182 (12/00) Page 2 of 3 FORM 3182 1/01 EXHIBIT "C" B 4 `855PU It 9 2 Page 17 of 18 f- JA) If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sum- 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. (Seal) Borrower STEVEN E WESTHAFER (Seal.) -Borrower (Seal) Borrower - (Seal) -Borrower i Certify this to be recorded In Cumberland County PA [Sign Original Only] Recorder of Deeds MULTISTATE FIXED/ADJUSTABLE RATE RIDER-ONE YEAR TREASURY-Single Family-Fannie Mae UNIFORM INSTRUMENT FNMA3182 (12/00) Page 3 or 3 EXHIBIT "C" 5 P6 FORM 3182 1/01 Page 18 of 18 LOAN NO. < FIXED/ADJUSTABLE-, RATE NOTE (One-Year Treasury Index - Rate Cap) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. FEBRUARY 25 2004 GETTYSBURG PA I Date] f city] [state] GLENDALE DRIVE MECHANICSBURG, PA 17055 [Property Address] I- BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 1,400,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ADAMS COUNTY NATIONAL BANK, CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at it yearly rate of 5.625 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on APRIL 1 2005 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled. due date and will he applied to interest before Principal. If, on MARCH 1 , 2035 , l still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ADAMS COUNTY NATIONAL BANK, PO BOX 3129,GETTYSBURG, PA 17325 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 8,059.19 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of MARCH , 2012 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Nlae UNIFORM INSTRUMENT FORM 3522 1/01 FNMA3522 (72/00) Page J of 4 Initial EXHIBIT "D" Page I of 5 r LOAN NO. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND THREE QUARTERS percentage points ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Notc Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.625 %., or less than 3.625%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.625%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date uri:ii the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my inii1'al Led interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any ciiange. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount Of this Note. If 1 make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However. any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. 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 then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitter-'li'mit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder inay 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. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar clays after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (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 mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not requhc me to pay immediate],, in full as described above, the Note Holder will still have the right to do so if I am in default at a later MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UNIFORM INSTRUMENT FORM 3522 I/0I FNMA3522 (12/00) Page 2 of 4 Initial Initial EXHIBIT "D" Page 2 of 5 'LOAN NO.' (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. 8. 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. Unless the Note Holder requires a different method, 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. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated ! keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarar.zc)r, 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. 10. 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" mewls the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. 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 wider 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 it' I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 13 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at it future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower 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. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest in Borrower. tiS used in this Section 1?% "Interest in the Property" means any legal or beneficial interest in the Property, incl,.dir;;;, but not limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment r.-ties contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UNIFORM INSTRUMENT FORM 3522 1/01 FNMA3522 (121110) Page 3 of 4 Initial'-?:EtA_ EXHIBIT °13° Initial Page 3 of 5 LOAN NO. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security V ill not he impaired by the loan assumption and that the risk of a breach of any cuvenan! or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower 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. See attached "Addendum to Note for Construction Loan" of even date, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 9 (Seal) STEVEN E WESTHAFER -Borrower Social Security Number Social Security Number Social Security Number - Social Security Number -(Seal) -Borrower _ (Seal) Borrower [Sign Original Only] (Seal) -Burrower MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UNIFORD9 INSTRUMENT FORM 3522 1/01 FNMA3522 (12/00) Page 4 of 4 Initial S E Initial EXHIBIT "D" Page 4 of 5 LOAN NO. Addendum to Note for Construction Loan This is a construction loan with permanent financing. During the construction term interest only, plus escrows, if applicable, will be due and payable monthly on the sum of the draws disbursed. The interest rate on the construction portion of the loan is 5.625 % per annum, which may or may not be the same as the interest rate contained in the Note. The construction term shall terminate at the earlier of the completion of construction or the expiration of TWELVE ( 12 ) months from the date hereof. In the event that construction is completed prior to the expiration of the construction term, a modification agreement, or similar such document, may be required to be executed by the Borrower(s). Borrower(s) hereby agree to execute, if necessary, a modification agreement and pay for the recording of same and provide Adam County National Bank with an endorsement to the title policy or addendum to the certificate of title evidencing the recordation of the modification agreement. At the end of the construction term, regular monthly payments of principal, interest arid, if applicable, escrows for real estate taxes, insurances, etc...,. will commence in accordance with the first payment date shown on the Note. In the event construction is not completed in the time allotted, Adams County iN,-?ional Bank reserves the right to change the interest rate and assess additional fees. Any additional costs, such as recordation of a modification agreement, title bring down, etc..., will be at the expense of the Borrower(s). Borrower(s) hereby agree to execute any and all documents, pay associated fees and costs required to effect an interest rate change. Borrower STEVEN E WESTHAF Borrower Borrower Borrower Addendum to Note for Construction Loan Laser Forms Inc. (800) 4463555 LFI #ADA100 8102 EXHIBIT "D" Page 5 of 5 Date: July 12, 2011 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. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. 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 NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE-STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Steven E. Westhafer PROPERTY ADDRESS: 30 Glendale Drive, Mechanicsburg, PA 17055 LOAN ACCOUNT NO.: ORIGINAL LENDER: Adams County National Bank now known as ACNB Bank CURRENT LENDER/SERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. EXHIBIT "E" Page I of 4 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 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 POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 30 Glendale Drive, Mechanicsburg, Silver Spring Township, Cumberland County, PA lJ JGIIlV VJLf !JV UGCH ULL oecause: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments of $8,059.19 due for May 1 June 1 and July 1 2011, plus past due charges of $1,208.88. Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $25,386.45 EXHIBIT "E" Page 2 of 4 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BYPAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 25.386.45 . PLUS ANYMORTGAGE 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: ACNB 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 Sheriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they exceed $50.00. Any attorneys 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 Sher ifs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorneys fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff "y 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: ACNB Bank, formerly known as Adams County National Bank ADDRESS: _ P.O. Box 3129, Gettysburq PA 17325 PHONE NUMBER: _ (717) 339-5072 FAX NUMBER: (717) 334- CONTACT PERSON: Bang C. Dillman E-MAIL ADDRESS: bdillman(cDacnb.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 fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or 1( 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. EXHIBIT "E" Page 3 of 4 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 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1-888-511-2227 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 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling of York 55 Clover Hill Rd Dallastown, PA 17313 1-888-511-2227 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 to 71 Silver Crown Drive, Mechanicsburg, PA 17055 *Copies also sent first class mail. EXHIBIT "E" Page 4 of 4 ¦ + USPS.com(g, Track & Confirm Page 1 of 1 Customer Service USPS Mobile Register/ Sign In "Us1J.com' r Search USF'S.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GE r EMAIL. UPDATES YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE S TIME LOCATION FEATURES 91 71 96 9009 35000 2 8564 7 3 e First-class Mail Delivered July 21, 2011, 7:55 am GETTYSBURG, PA 17325 Return Receipt Electronic Notice Left July 20, 2011, 8:25 am GETTYSBURG, PA 1.7325 Processed through Sort July 20, 2011, 8:15 am HARRISBURG, PA 17107 Facility Arrival at Unit July 13, 2011, 5:32 am MECHANICSBURG, PA 17055 Processed through Sort July 13, 2011, 12:59 am HARRISBURG. PA 17107 Facility Accepted at origin sort July 13, 2011, 12:59 am HARRISBURG, PA 17107 facility Electronic Shipping Info July 12, 2011 Received Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM ON ABOUT.USPS.COM Privacy Policy Government Services I About USPS Home Terms of Use Buy Stamps 8 Shop > Newsroorn ) FOIA > Print a Label with Postage > Mail Service Updates > No FEAR Act EEO Data Customer Service Forms $ Publications Site Index , Careers I OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer Copyright,, 2011 USPS- All Rights Reserved EXHIBIT "F" Page 1 of 5 https://tools.usps.com/go/TrackConfirmAction input?gtc_tLabels1=917196900935000285... 8/15/2011 ACNB BANK PO Box 3129 Gettysburg, PA 17325 TEMP-RETURN SERVICE REQUESTED 9171 9690 0935 0002 8564 73 +? v K N " O STEVEN E WESTHAFER / ?f?Plr i r 30 GLENDALE DRIVE MECHANICSBURG PA f7055 i 70Sf--,;r. f ei i s 'i RETURN 710 -SENDER N0 SUCH ]NUMBER UNABLE TO FORWARD BC: 17328012929 *0219-01267-12-43 ?.w L .f? d ?. •?•. J 1 ACNB s' BANK PO Box 3129 Gettysburg, PA 17325 TEMP-RETURN SERVICE REQUESTED STEVEN E WEST14AFER ?-' 30 GLENDALE DRIVE MECHANICSBURG PA 11055 Hasler FAH ._??AS?. • '- 07/12/2011 $00.392 ZIP 17325 01ID11616326 N*r141E i'7E` Dz 1 010- -4L7./26Y3_1 ?1 RETURN TO SENDER No MAIL RECEPTACLE UNAQLE TO PDRWARD DC: i'T3s?5t71:??:??: *:3t?2:3-Q.3.3t31 L 3 3'' }r+r?}}rrr}rr}}rrr}r}r}r}r}}rr a rr}}rt}r}}r}trrr}r}}r}rr}r}rr} USPS.com® - Track & Confirm Page 1 of 1 Customer Service USPS Mobile Register I Sign In Ag sps.c ff • Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop B usiness Solutions Track & Confirm OFT EMAIL UPDATES YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES 91 71 969009 35000 2 8 56466 First-Class Mail Delivered August 08, 2011, 8:01 am GETTYSBURG, PA 17325 Return Receipt Electronic Notice Left August 05, 2011, 9:06 am GETTYSBURG, PA 17325 Processed through Sort August 05, 2011, 12:25 am HARRISBURG, PA 17107 Facility Unclaimed August 03, 2011, 8:16 am MECHANICSBURG, PA Notice Left July 13 2011 2:32 pm MECHANICSBURG PA 17050 add/` , , , Arrival at Unit July 13, 2011, 5:32 am MECHANICSBURG, PA 17055 Accepted at origin sort July 13, 2011, 12:59 am HARRISBURG, PA 17107 facility • Processed through Sort :'July 13, 2011, 12:59 am HARRISBURG, PA 17107 Facility ; . Electronic Shipping Info July 12, 2011 r r+? Received Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM Privacy Policy Government Services Terms of Use > Buy Stamps & Shop s FOIA> Print a Label with Postage No FEAR Act EEO Data Customer Service > Site Index OTHER USPS SITES Business Customer Gateway > Postal Inspectors Inspector Generals Postal Explorer s Copyright© 2011 USPS. All Rights Reserved ON ABOUT.USPS.COM About USPS Home, Newsroom i Mail Service Updates Forms & Publications > Careers I W EXHIBIT "F" Page 4 of 5 https://tools.usps.com/go/TrackConfinnAction.action 41 8/15/2011 s W N P Vl ACNB BANK PO Box 3129 Gettysburg, PA 17325 TEMP-RETURN SERVICE REQUE%T€Dt? ARRIVED UNIT :71 ocn.+ +??c #?02 8566 66 N Ay 0 ?J 4 _ STEVEN E WESTHAFER A1 71 SILVER CROWN DRIVE ?p Y MECHANICSBURG PA 17,055 ?i p Olv t p A Wrx.2E 17,5 Ex)= 1 CPO 08/04/11 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD BC: 1702SO12929 *0219--012E+5-12-40 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor cv at Climb er???f0 oFfIC F 4? "E Si-6 RIFF °P P ERLAY AST ACNB Bank, formerly known as Adams County National Bank Case Number vs. 2011-7027 Steven E. Westhafer SHERIFF'S RETURN OF SERVICE 10/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 11, 2011 at 1110 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Steven E. Westhafer. After several attempts the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $68.00 SO ANSWERS, 6Z October 11, 2011 RON R ANDERSON, SHERIFF fci CountySuite Sheriff . Ie!eosoft. Inc. SHERIFF'S OFFICE OF CUMBERLAND CONNT?-FFICF Ronny R Anderson O THE PROTUCINIOTAP' Sheriff , of clfm, r,, Jody S Smith ''21111 NOV 18 AM 10: 56 Chief Deputy CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor ACNB Bank, formerly known as Adams County National Bank vs. Steven E. Westhafer Case Number 2011-7027 SHERIFF'S RETURN OF SERVICE 11/15/2011 05:35 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 15, 2011 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Steven E. Westhafer, by making known unto Will Samson, adult in charge at 71 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.44 November 16, 2011 DENN FRY, DEP SO ANSWERS, RON R ANDERSON, SHERIFF (C CounfySuite Stleriffi, Teleosoft_ Inc. M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as No. 11-7027 Civil Term Adams County National Bank, Plaintiff, VS. Steven E. Westhafer, and the Action in Mortgage Foreclosure United States of America, -- Defendants. ' To: United States of America, Defendant --< ?1 Tax Liens, c/o United States Attorneys Office, 228 Walnut Street, Harrisburg, PA 17108 E Zo Date of Notice: January 12, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D4 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW: TffiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Street Carlisle, PA 17013 Telephone Number: 717-249-3166 PURL, EASTMAN & THRASHER By: Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 UNITEDSTATE>EoS POSTAL SERVICE* Certificate Of Mailing Th, Certificate ofMailina prcvides ,wdence that rr i h 3 beer { 5ented to USRSS-sr matlina W h _: f urm may be used for domesti :and mtemati I m I From: f _ PUHL, EASTMAN & THRASHER ?d < 220 BaRimore Street Gettysburg, PA 17325 (Westhafer # 4651.1) To United States of AMETiCa Tax Liens United States Artmap7s Office 228 Walnut Street Aatrri d o, PA 17106 -?- PS Form 3817, AprH 2007 PSN 7530-02-000.9065 aoO u?. UNIT1DS11UES W c f POSTAL SERVICE ° Certificate Of Mailing III • This Cedlficate of Mailing provides evidence that mail has l l.e --,resent ] JSF''q for mallinc_ W ?? 9714 'his form maybe used for d?mestic and inter^ationai mail 0 Z Q From: POHL, EASTMAN & THRASHER ?r 6 Q ?Q 220 Bakimare Street to N ??..? Getty, sbully, PA #4561;11 f.- A U To: Assistant II _ ` °3i?nin C> iluited or B S Office Wig= Pennsylvania . PA 17108 _ PS Form 3817, April 2007 PSN 7530-02-000-9065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW = -ax ^a . ACNB Bank, formerly known as No. 11-7027 Civil Te - c Adams County National Bank, W ; Plaintiff, r-- M <C) VS. Steven E. Westhafer, and the Action of Mortgage ForelosUe United States of America, Defendants. PRAEQPE TO ENTER JUDGMENT BY DEFAULT To the Prothonotary: 0 Enter judgment against Steven E. Westhafer, mad th- the Defendants above-named, for failure to plead to Plaintiffs complaint and assess damages at $936,009.11, plus interest from February 2, 2011, at a per diem rate of $88.04, any additional late charges, and costs of suit. The undersigned does hereby certify that, pursuant to Pa. R.C.P. 237.1, written notice of intention to file this praecipe, a copy of which is attached hereto, was mailed to Defendants on January 12, 2012, such date being more than twenty (20) days after the date of service of Plaintiff's complaint on November 15, 2011, and at least ten (10) days prior to the date of the filing of this praecipe. PURL, EASTMAN & THRASHER Dated: May, 2012 By: Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 I (o. _W P 0 A77-/ It iaco43 0,7? 9oa NO+& Mai (ed a f, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as Adams County National Bank, Plaintiff, VS. Steven E. Westhafer, and the United States of America, Defendants To: Steven E. Westhafer, Defendant 71 Silver Crown Drive, Mechanicsburg, PA 17055 Date of Notice: January 12, 2012 No. 11-7027 Civil Term Action in Mortgage Foreclosure IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR +'N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE Ili 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Street Carlisle, PA 17013 Telephone Number: 717-249-3166 PUHL, EASTMAN & SHER By: ± "149? ?- Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 -pw uN/ wsTATEs ; o POb71tLSERVICE• Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing (N W This form maybe used ford omestic and international mail W O From: pt IHL- FASTmAN & THRASHER ? n O Q V 220 Baltimore Street ? f} N e s urg, PA 17325 to 00 -? 00 Cr (Westhafer #4651.1) u- a. co p To: Steven B. Westhafers? o "' 11Nn ° 71 Silver Crown Drive W N 1 ? 201 C> 0 Mechanicsburg, PA 17055 `"' - ,e PS Forth 3817, AprH 2007 PSN 7530-02-000-9065 Date Kay 2, 2012 ACNB Bank, formerly known as Adams County National Bank, Plaintiff/Creditor VS. Steven E. Westhafer, and the United States of America, Defendant/Debtor No. 11-7027 Civil Term NOTICE TO: Steven E. Westhafer 71 Silver Crown Drive, Mechanicsburg, PA 17055 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on ..Mau 8 , 2012, a judgment was entered against you in this office in the eeding as indicated above. Prothonotary Deputy Prothonotary Date mailed: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F LEO jF F I C E? Sheriff E21 THE PROTHONO IAI" ,' Jody S Smith Chief Deputy a 2w MAY 22 AM 9" 06 Richard W Stewart CUMBERLAND COUNTY solicitor FCE OF -HE' PENNSYLVANIA ACNB Bank, formeriy known as Adams County National Bank Case Number vs. 2011-7027 Steven E. Wasthafer (et al.) SHERIFF'S RETURN OF SERVICE 05/09/2012 Ronny R. Anderson, Sheriff who being duly swom according to law states that he matte a diligent search and inquiry for the within named defendant, to wit: Melissa A. Swouger, but was unable to locate her in hi: bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsyhrenia to serve the within Complaint In Mortgage Foreclosure according to law. 05/14/2012 10:00 AM - Dauphin County Return: And now May 14, 2012 at 1000 hours I, Jade Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: United States of America clo Melissa A. Swouger by making known unto Phyllis Mitchell, Supervisor for The United States of America at 228 Walnut Street, Suite 220, Harrisburg, Pennsylvania 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.80 May 18, 2012 SO ANSWERS, ROW R ANDER ON, SHERIFF (c) CountySuite Sheriff, Teleoeofl, Inc. William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duig?ynan Chief Dep Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ACNB BANK, FORMERLY KNOWN AS ADAMS COUNTY NATIONAL BANK VS UNITED STATES OF AMERICA, ATTN: MELISSA SWAUGER Sheriffs Return No. 2012-T-1401 OTHER COUNTY NO. 2011-7027 And now: MAY 14, 2012 at 10:00:00 AM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA, AT IN: MELISSA SWAUGER by personally handing to PHYLLIS MITCHELL 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 228 WALNUT STREET, STE 220 HARRISBURG PA 17108 SUPERVISOR Sworn and subscribed to before me this 15TH day of May, 2012 O?? Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Conunission Expires August 17 2014 So Answers, Sheriff of auphin Co ",a. By D eriff Deputy: WILLIAM T SNYDER Sheriffs Costs: $41.25 5/11/2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as No. 11-7027 Civil Term Adams County National Bank, Plaintiff, vs. ,_,, • r..a Steven E. Westhafer, and the Action of Mortgage Fdteclosbre United States of America, y? Defendants. PRAECIPE TO ENTER JUDGMENT BY DEFA$6 To the Prothonotary: Enter judgment against the United States of America, one of the Defendants ab6ve- named, for failure to plead to Plaintiff's complaint and assess damages at $936,009.11ji plus interest from February 2, 2011, at a per diem rate of $88.04, any additional late charges, and costs of suit. The undersigned does hereby certify that, pursuant to Pa. R.C.P. 237.1, NIrritten notice of intention to file this praecipe, a copy of which is attached hereto, was mailed (to Defendants on July 13, 2012, such date being more than sixty (60) days after the date of service of Plaintiff's complaint on May 14, 2012, and at least ten (10) days prior to theldate of the filing of this praecipe. PUHL, EASTMAN & THRASHI?R Dated: Julye-i 2012 Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 ? ? yos?5? o r7 Yb3$ `'p P A% /t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as Adams County National Bank, Plaintiff, vs. Steven E. Westhafer, and the United States of America, Defendants. To: United States of America, Defendant Melissa A. Swauger, Assistant U.S. Attorney, U.S. Department of Justice, United States Attorney's Office, Middle District of Pennsylvania, 228 Walnut Street, Suite 220, flarrisburg, PA 17108 Date of Notice: July 13, 2012 IMPORTANT NOTICE No. 11-7027 Civil Term Action in Mortgage Foreclolsure YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF' YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SETT FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES T T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED E OR NO FEE. Cumberland County Bar Association 2 Liberty Street Carlisle, PA 17013 Telephone Number: 717-249-3166 PUHL, EASTMAN & THRASHED', By: % Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 UIYITFDSTdTES E'OST6i SEflVKE® Certificate Of Mailin Prom: -_ PLJ Ham, EASTMAN & THMSH?R_ -- 220 Baltimore Street ?> (Westhafer # 11-7027 , File #465 L 1) _ _ T Sa ssist?t U.S. Attorney t testes torney s Office Harrisbtug, PA 1710 - - " PS Form 3817, April 2007 PSN '530-02-000-9065 ?? ???r' 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECH'E FOR WRIT OF EXECUTION ? Confessed Judgment Adams ACM '? N1 y min Plaintiff vs. Steven E. ldesthafer, and the United States of America, Defendant Address: 1 Silver Crown Drive Mechanicsburg, PA 17055 I--O THE PROTHONOTARY OF THE SAID COURT: ?? Other File No. 11-7027 Civil Term - "' 4:;j Amount Due $936,009.11 _ rf _ 225.78 t $51 I t f , n eres -" 's Comm $3,500.00 Att -; _ _ -- y - Costs a D r The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 39 Glendale Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17055. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real es t"f/tthhee defendant(s) described in the attached exhibit. Da.te July 27, 2012 Signature: 5-0 ?C? Print Name: Edward G. Puhl, Esq. 66.00 C3 Address: 220 Baltimore street 30-414 .yp- Gettysburg, PA 17325 38.90v ??? - ------ ---. Q 2• oo - // Attorney for: Plaintiff ( o . o o Telephone: (717)334-2159 -- 16. 50 -rt 863 Supreme Court ID No: 55709 LEGAL DESCRIPTION 39 Glendale Drive, Mechanicsburg, Silver Spring Township, Pennsylvania 17055 Tax Map and Parcel No. 38-05-0435-011 ALL that certain piece or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road T-592, known as Glendale Drive, at corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8 minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet to a point; thence by the same, South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30 seconds West, 28 feet to a point; thence South 10 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet to a point; thence by the same, South 61 degrees 55 minutes 15 seconds West, 251'.64 feet to a point; thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35 feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post; thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04 minutes 27 seconds East, 373 feet to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point; thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East, 948.23 feet to a point; thence by the same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to a point in the center line of Township Road T-592, the place of BEGINNING. BEING the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and wife, by deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County., Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto Steven E. Westhafer. UNDER. AND SUBJECT TO easements, rights-of-way, conditions, covenants and restrictions of prior record. EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACNB Bank, formerly known as Adams County National Bank, Plaintiff, No. 11-7027 Civil Term vs. Steven E. Westhafer, and The United States of America, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 ACNB Bank, formerly known as Adams County National Bank, Plaintiff in they above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property set forth on Exhibit "A" attached hereto. Names and residence address of owner: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 2. Names and address of Defendant in the judgment: Steven E. Westhafer 71 Silver Crown Drive Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Citibank (South Dakota) NA, 701 East 50th Street North, Sioux Falls, South Dakota 57117. Plaintiff in judgment entered on September 28, 2007 to No. 2067- 04607 in the amount of $3,430.96. Integrity Bank, 3345 Market Street, Camp Hill, Pennsylvania 17011. Plaintiff in judgment entered on May 12, 2009 to No. 2009-02'969 in the amount of $1,048,473.88. Integrity Bank, 3345 Market Street, Camp Hill, Pennsylvania 17011. Plaintiff in judgment entered on May 12, 2009 to No. 2009-02971 in the amount of $799,261.05. Integrity Bank, 3345 Market Street, Camp Hill, Pennsylvania 17011. :Plaintiff in judgment entered on May 12, 2009 to No. 2009-02972 in the amount of $234,839.49. Integrity Bank, 3345 Market Street, Camp Hill, Pennsylvania 17011. ?Plaintiff in judgment entered on May 12, 2009 to No. 2009-02974 in the amount of $484,005.24. Integrity Bank, 3345 Market Street, Camp Hill, Pennsylvania 17011. Plaintiff in judgment entered on May 12, 2009 to No. 2009-02975 in the amount of $51,483.17. Steven A. Everett, P.O. Box 126101, Harrisburg, Pennsylvania 17112x6101. Plaintiff in judgment entered on January 27, 2011 to No. 2011-00900 in the amount of $1,625.50. United States Attorney's Office, Middle District of Pennsylvania, Attention: Melissa A. Swauger, Assistant U.S. Attorney, U.S. Department of Justice, 2281 Walnut Street, P.O. Box 11754, Harrisburg, Pennsylvania 17108. Plaintiff in judgment entered on December 1, 2011 to No. 2011-08934 in the amount of $10,025.00; ACNB Bank, formerly known as Adams County National Bank, 16 Lincoln Square, Gettysburg, Pennsylvania 17325. Plaintiff in judgment entered on May 8, 2012 to No. 2011-07027 in the amount of $936,009.11. Susquehanna Bank, successor by merger to Graystone Bank. 1828 Good Hope Drive, Enola, Pennsylvania 17025. Plaintiff in judgment entered can May 21,'2012 to No. 2012-03197 in the amount of $559.,261.86. Susquehanna Bank, successor by merger to Graystone Bank, 1828 Good Hope Drive, Enola, Pennsylvania 17025. Plaintiff in judgment entered on May 22,12012 to No. 2012-03237 in the amount of $70,070.60. 4. Name and address of the last recorded holder of every mortgage of record: ACNB Bank, formerly known as Adams County National Bank, 16 Lincoln Square, Gettysburg, Pennsylvania 1732:5. Mortgagee in instrument recorded in Record Book 1855, at page 1906. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau, Cumberland County Courthouse, 1 Courthouse Square, Old Courthouse, Carlisle, PA 17013 suit entered on February 7, 2011 to No. 2011-01363. Commonwealth of Pennsylvania, Department of Revenue, Bureau of Compliance, Lien Section, P.O. Box 280948, Harrisburg, Pennsylvania 1712870948. Tax lien entered on December 3, 2007 to No. 2007-07268 in the amount of $7,161.20. United States Treasury Department, c/o United States Attorney's Office, Middle District of Pennsylvania, Attention: Melissa A. Swauger, Assistant U.K3. Attorney, U.S. Department of Justice, 228 Walnut Street, P.O. Box 11754, Harrisburg, Pennsylvania 17108 entered on January 3, 2008 to No. 2008-00035 in the amount of $9,940.91. Commonwealth of Pennsylvania, Department: of Revenue, Bureau of Compliance, Lien Section, P.O. Box 280948, Harrisburg, Pennsylvania 171281-0948. Tax lien entered July 17, 2008 to No. 2008-04284 in the amount of $11,410.801. United States Treasury Department, c/o United States Attorney's Office, Middle District of Pennsylvania, Attention: Melissa A. Swauger, Assistant U.S. Attorney, U.S. Department of Justice, 228 Walnut Street, P.O. Box 11754, Harrisburg, Pennsylvania 17108. Tax lien entered on July 31, 2008 to No. 2008-04601 in the amount of $89,516.58. Commonwealth of Pennsylvania., Department of Revenue, Bureau of Compliance, Lien Section, P.O. Box 280948, Harrisburg, Pennsylvania 17128+0948. Tax lien entered on March 8, 2011 to No. 2011-02852 in the amount of $19,151.12. Commonwealth of Pennsylvania, Department of Revenue, Bureau of Compliance, Lien Section, P.O. Box 280948, Harrisburg, Pennsylvania 1712840948. Tax lien entered on June 5, 2012 to No. 2012-03532 in the amount of 54,128.02. 6. Name and address of every other, person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cavalry Portfolio Services, LLC, as assignee of Cavalry SPA' I, LLC, as assignee of Bank of Amerlca/FlA Card Services, N.A., 7 Skyline Drive, Hawthorne, NY 10532, Plaintiff in Civil Action Nos. 2011-04341, 2011-04346. and 2011-04347. I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S.§4904 relating to unsworn falsification to authorities. PURL, EASTMAN & THRASHER Dated: 7 / ' f -? By: _ - Edward G. Puhl, Esq. Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 I ` LEGAL DESCRIPTION 39 Glendale Drive, Mechanicsburg, Silver Spring Township, Pennsylvania 17055 Tax Map and Parcel No. 38-05-0435-011 ALL that certain piece or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line: of Township Road T-592, known as Glendale Drive, at corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8 minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet to a point; thence by the same, South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30 seconds West, 28 feet to a point; thence South 1.0 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet to a point; thence by the same, South 61 degrees 55 minutes 15 seconds West, 251'.64 feet to a point; thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35 feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post; thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04 minutes 27 seconds East, 373 feet to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point; thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East, 948.23 feet to a point; thence by the same, North '79 degrees 42 minutes 07 seconds East, 412.00 feet to a point in the center line of Township Road T-592, the place of BEGINNING. BEING the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and wife, by deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto Steven E. Westhafer. UNDER AND SUBJECT TO easements, rights-of-way, conditions, covenants and restrictions of prior record. EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as No. 11-7027 Civil Term Adams County National Bank, Plaintiff, V. Steven E. Westhafer, and : Action in Mortgage Foreclosure the United States of America, Defendants. RETURN OF SERVICE U:7, 0 STATE OF PENNSYLVANIAN =f r, COUNTY OF ADAMS On this, the J7 day of July, 2012, before me, a Notary Public, the undersigned officer, personally appeared. Edward G. Puhl, Esquire, who having been by me duly sviorn, on his oath does depose and say that he is the attorney for ACNB Bank, Plaintiff in the al?ove- captioned matter, and that attached hereto is a true and correct copy of the Notice of Sheriff s Sale of Real Estate Pursuant to PA R.C.P. 3129.2 to Creditor or Other Person or Othei. Party in Interest, copies of said notices having been mailed by Edward G. Puhl, Esquire, by 1First class mail, postage prepared, deposited at the post office in Gettysburg, Pennsylvania, ion July , 2012, to creditors or other persons or parties in interest, as set forth in the affidavit filed Pursuant to Rule 3129.1 in the above-captioned matter, copies of U.S. Postal Service certificates of mailing also being attached hereto, and that the facts set forth hj;rein are true and correct to the best of his knowledge, information and belief. Edward G. Puhl, Esquire Attorney for Plaintiff Attorney I.D. #55709 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Sworn to and subscribed before me the day and year aforesaid. Notary Public COMMONWEALTH OF PENNSYLVANIA NoprclN S"l Leslie R. Grime, Notary Public My Commission Expires: Ceay*n aoro, A&M county My OmnbWn !ELM OCL 23, 2915 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, formerly known as Adams County National Bank, Plaintiff, No. 11-7027 Civil Term V. Steven E. Westhafer, and The United States of America, Defendants. Action in Mortgage Foreclosure NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA. R.C.P. 3129.2 TO CREDITOR OR OTHER PERSON OR OTHER PARTY OF INTEREST: The real estate known as 39 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania, owned by Steven E. Westhafer, more particularly described on Exhibit '!'A" attached hereto, will be exposed to public sale at the Sheriffs Office, Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, December 5, 2012, at 1 O:OOA.M. Said Sheriffs Sale is pursuant to a Writ of Execution issued on the judgment entered by ACNB Bank, formerly known as Adams County National Bank vs. Steven E. West1hafer, and The United States of America, in No. 11 -7027 entered in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against the property must be filed at the office of the Sheriff before the!: above sale date. Claims to proceeds must be made with the office of the Sheriff before distribution. A Schedule of Distribution will be filed with the office of the Sheriff on January 4, 2013. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the office of the Sheriff no later than ten (10) days from the date when a Schedule of Distf ibution is filed in the office of the Sheriff. The Sheriffs telephone number is (717) 240-6390. Address of the Plaintiff is 16 Lincoln Square, Gettysburg, Pennsylvania 17325. PURL, EASTMAN & THRAS?ER By: C LAC ' Edward G. Puhl, Esquire Attorney for Plaintiff Attorney I.D. #55709 220 Baltimore Street Gettysburg, PA 17325 Dated: July J , 2012 (717) 334-2159 LEGAL DESCRIPTION 39 Glendale Drive, Mechanicsburg, Silver Spring Township, Pennsylvania 17055 Tax Map and Parcel No. 38-05-0435-011 ALL that certain piece or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road T-592, known as Glendale Drive, at corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8 minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet: to a point; thence by the same, South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30 seconds West, 28 feet to a point; thence South 10 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of Lester Vogelsong, South 57 degrees 15 minutes West, 74 feet to a point; thence by the same, South 61 degrees 55 minutes 15 seconds West, 251.64 feet to a point; thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35 feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post; thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04 minutes 27 seconds East, 373 feet to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point; thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East, 948.23 feet to a point; thence by the same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to a point in the center line of Township Road T-592, the place of BEGINNING. BEING the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and wife, by deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto Steven E. Westhafer. UNDER AND SUBJECT TO easements, rights-of-way, conditions, covenants and restrictions of prior record. EXHIBIT "A" LL O ? s LL x N c? U Ua LL m0 UU N w O a y c > N 'O ? m > N m U m c 21 CL c y m Ems°?:c h a 2 „o O. O N a q ¢ in, ry? d L d d C O C w r V Q T V 7 m d m f0 N ? G N O ? b a ? c _ m c ? .o m `o E C u u C) o 'n t6 0 0 Q 0 .^.? N 46 51 U a « rl-I o 4J rl ?J rl 41 1 4"1 0 o ? w y C/] y W C1? E yy 44 N w w 41 4J 41 2 w w w w w w tltl a> o O a? xa N ? U U O W E d ?+'1 u1 tr1 111 m rio o M1 o 9 a z .61 f H lY U U U U V^ U U GJi y? ? O? CO^ OU'1 ?? O^ ?? O V1 ~ ? l? Z c6 H ? C d a C_ O IL ?o 00 O C N O o? a N O O N m 00 M O LL IL Article Number 9. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4561.1 Addressee (Name, Street, City, State & Lip Code) United States Attorney's Office Middle District of Pennsylvania Attention: Melissa A. Swauger, Assistant U.S. Attorney U.S. Department of Justice 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 10. ACNB Bank vs. Westhafer & USA Susquehanna Bank, Successor By :Merger No. 11-7027 Civil Term to Graystone Bank File #4651.1 1828 Good Hope Drive Enola, Pennsylvania 17025 11. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4651.1 12. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4561.1 13 14 ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4561.1 ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4561.1 r Susquehanna Bank, Successor By Merger to Graystone Bank 1828 Good Hope Drive Enola, Pennsylvania 17025 Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Old Courthouse Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128-0948 United States Treasury Department c/o United States Attorney's Office Middle District of Pennsylvania Attention: Melissa A. Swauger, Assistant U.S. Attorney U.S. Department of Justice 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 an 15. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4561.1 16. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4561.1 17. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4561.1 18. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4651.1 19. ACNB Bank vs. Westhafer & USA No. 11-7027 Civil Term File #4651.1 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128-0948 United States Treasury Department c/o United States Attorney's Office Middle District of Pennsylvania Attention: Melissa A. Swauger, Assistant U.S. Attorney U.S. Department of Justice 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128-0948 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Lien Search P.O. Box 280948 Harrisburg, PA 17128-0948 Cavalry Portfolio Services, LLC., as assignee of Cavalry SPV I, LLC, as assignee of Bank of America/ FIA Card Services, N.A. 7 Skyline Drive Hawthorne, NY 10532 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACNB Bank, formerly known as No. 11-7027 Civil Term Adams County National Bank, Plaintiff, vs. T-71 Steven E. Westhafer, and Action in Mortgage For( cOosurC- the United States of America, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY' PURSUANT TO PA. R.C.P. 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on December 5 ' 2012 , in the SHERIFF'S OFFICE, CUMBERLAND COUNTY COURTHOUSE, ONE COW HOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 at 10:00 A.M., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of your property to be sold is: 39 Glendale Drive, Mechanicsburg, Pennsylvania. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Civil Action No. 11-7027 Civil Term. The name of the owner or reputed owner of this property is: Steven E. Westhafer. A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or, corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within ten (10) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, One Courthouse Square, Carlisle., Pennsylvania 17013, (717) 240-6390. THIS PAPER ISA NOTICE OF THE 77MEAND PLACE OF THE SALE Pe YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If jou wish to exercise your rights, you must act promptly. YOUSHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GOT OR TELEPHONE THE OFFICE SET FORTH BELOW TO FL.ND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOUAMYHAVEARE. 1. You may file a petition with the Court of Common Pleas of Cumberland Cou*, to open the judgment if you have a meritorious defense against the person or company that has en?ered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Plead of Cumberland County to set aside the sale for grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the a#orney for the creditor at least two (2) business days before presentation to the Court and a proposed! order or rule must be attached to the petition. If a specific return date is desired, such date must bo obtained from the Court Administrator's office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. PURL, ]EASTMAN & THRASHIOR Edward G. Puhl, Esq. Attorney for Plaintiff 220 Baltimore Street Gettysburg, Pennsylvania 17325 (717) 334-2159 Attorney ID No. 55709 2 LEGAL DESCRIPTION 39 Glendale Drive, Mechanicsburg, Silver Spring Township, Pennsylvania 17055 Tax Map and Parcel No. 38-05-0435-011 ALL that certain piece or parcel of land, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Township Road T-592, known as Glendale Drive, at corner of lands now or formerly of Ronald E. Ryan; thence in and through said Road, South 9 degrees 8 minutes East, 43 feet to a point; thence by the same, South 28 degrees 22 minutes West, 181.50 feet to a point; thence by the same, South 14 degrees 33 minutes West, 81.23 feet to a point; thence by the same, South 22 degrees 24 minutes West, 235.95 feet to a point; thence North 73 degrees 22 minutes 30 seconds West, 28 feet to a point; thence South 10 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or formerly of Lester Vogelsong, South 57 degrees 15 minutes, West, 74 feet to a point; thence by the same, South 61 degrees 55 minutes 15 seconds West, 251.64 feet to a point; thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point; thence by the same, South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point; thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a point; thence by the same, South 81 degrees 43 minutes 10 seconds West, 426.35 feet to a post; thence by the same, North 19 degrees 35 minutes 42 seconds West, 286.94 feet to a post; thence by the same, North 12 degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by lands now or formerly of Catherine E. Vogelsong, North 79 degrees 04, minutes 27 seconds East, 373 feet to a point; thence by the same, North 14 degrees 12 minutes 41 seconds West, 401.35 feet to a point; thence by lands now or formerly of Ronald E. Ryan, North 80 degrees 30 minutes 06 seconds East., 948.23 feet to a point; thence by the same, North 79 degrees 42 minutes 07 seconds East, 412.00 feet to a point in the center line of Township Road T-592, the place of BEGINNING. BEING the same premises which Elwood R. Westhafer and Joyce A. Westhafer, husband and wife, by deed dated June 3, 2003, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 257, Page 2338, granted and conveyed unto Steven E. Westhafer. UNDER AND SUBJECT TO easements, rights-of-way, conditions, covenants and restrictions of prior record. EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2011-7027 Civil CIVIL AC'T'ION I,A'kV 'I O ITIF SHLRIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACNB BANK, FORMARLV KNOWN AS ADAMS COUNTY NATIONAL BANK Plaintiff (s) From STEVEN E. WESTHAFER AND THE UNITED STATES OF AMERICA (I `iYou are directed to levy upon the property of the defendant (s)and to sell See. l..cl&L bxrd&?? Y1I 'Aj (2"1 You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (:? ) ]f property of the defendant(s) not levied upon an subject to attachment is found in the possession ot';inyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. ,Amount Due $936,009.11 Interest $51,225.78 Attv's Comm % $3,500.00 Att.d Paid S32,1.+ Plaintiff Paid Date: July 30, 2012 (Seal) Due Prothy S2.25 Other Costs David D. Buell, Prothonotary ay. / r Deputy RLQUES LING PARTY: Name : EDWARD G. PURL, ESQUIRE Address: 220 BALTIMORE STREET GETTVSBURG, PA 17325 Attorney for: PLAINTIFF Telephone: 717-334-2159 Supreme Court ID No. 55709 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION- LAW ACNB Bank, formerly known as No. 11-7027 Civil Term � Adams County National Bank, Plaintiff, C- MM --o �_r- Steven E. Westhafer, and r the United States of America, Defendants. Action of Mortgage Fotosu MOTION FOR POSTPONEMENT OF SHERIFF'S SALE i AND NOW, thisaxiday of March,2013, Plaintiff, by its undersigned counsel, I petitions the Court for a six (6)month postponement of the Sheriffs Sale scheduled in the above captioned matter, and in support thereof avers the following: i 1. A Sheriff's Sale of the mortgaged property involved herein, located at 39 Glendale Drive Mechanicsburg, Silver Spring Township, Cumberland Coun ty, Pennsylvania was � originally scheduled for December 5, 2012,then postponed to March 6,2013,then postponed to April 3,2013, as a result of the Defendant filing for relief under Chapter 13 of the Bankruptcy Code. 2. Plaintiff seeks a six month postponement of the Sheriff's Sale because a hearing on Plaintiff's motion for relief from the automatic stay cannot be scheduled until at least May. 3. The Defendant will not be prejudiced by a postponement of the Sheriff's sale. On the contrary, a postponement benefits the Defendant, who will retain ownership of the I property. 4. Under Pa. R.C.P. 3129.3(b), a sale can be postponed only twice within one I, l i hundred thirty days without giving new notice, except by court order. WHEREFORE, the undersigned requests this Honorable Court to postpone the Sheriff Sale to October 2, 2013, without additional notice being required. Respectfully submitted, PURL, EASTMAN& THRASHER I I By: 6A000616 Edward G. Puhl, Esquire Attorney for Plaintiff Attorney ID#55709 220 Baltimore Street Gettysburg, PA 17325 Phone(717) 334-2159 edward.puhl @comcast.net I i i i ii i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW i i i i ACNE Bank, formerly known as No. 11-7027 Civil Term Adams County National Bank, Plaintiff, t VS. Steven E. Westhafer, and i the United States of America, : Defendants. Action of Mortgage Foreclosure i PLAEWIIWS MUMORANDUM OF LAW i Pennsylvania Rule of Civil Procedure 3129.3 (a)states that if a sale is to be postponed, i it can be postponed by a special court order. Under Rule 3129.3,the Court has discretion to allow postponement of the sale without new notice in appropriate cases. j The procedural requirements for scheduling sheriff's sales and notifying Defendants of sheriff's sales are extensive and expensive. In the present case,if the Plaintiff is not granted i the relief requested herein,the Plaintiff will be prejudiced in that it will have to stay its scheduled sheriff's sale,obtain a new writ of execution and re-list the property for Sheriff's Sale. This will cause considerable, additional expense and delay,which will also prejudice i 1 the Defendant when these costs of collection are added to the debt owed by him. On the other j hand, if the relief requested is granted,the Defendant will benefit by retaining ownership of I the property. i i i I t 3 '3 cI i Ii I Ii i! 11 WHEREFORE,the Plaintiff respectfully requests this Honorable Court to enter an Order postponing the Sheriff's Sale to the October 2,2013, as set forth in the motion. t i i Respectfully submitted, PURL, EAS'T'MAN&THRASHER i f i By. 11 nff AF Edward G. Puhl,Esquire Attorney for Plaintiff Attorney ID#55709 220 Baltimore Street Gettysburg,PA 17325 Phone(717) 334-2159 edward.puhl@comcast.net VERIFICATION The undersigned hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: MarclaM ,2013 PURL,EASTMAN&THRASHER i By: Edward G. Puhl,Esquire Attorney for Plaintiff Attorney ID #55709 220 Baltimore Street Gettysburg, PA 17325 Phone(717) 334-2159 11 E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ! ACNB Bank,formerly known as No. 11-7027 Civil Term Adams County National Bank, Plaintiff, i VS. : I Steven E. Westhafer,and the United States of America, Defendants. Action of Mortgage Foreclosure i CERTIFICATE OF SERVICE 1' I The undersigned,hereby certifies that I have served true and correct copies of the attached Motion For Postponement Of Sheriffs Sale upon the following person(s)named herein at their last known address by: Regular First-Class Mail Certified Mail Other I Date Served: March 28, 2013 I TO: Steven E. Westhafer the United States of America a 71 Silver Crown Drive c/o Melissa A. Swauger Mechanicsburg,PA 17055 Assistant U.S.Attorney j U.S. Department of Justice j United States Attorney's Office Middle District of Pennsylvania 228 Walnut Street, Suite 200 Harrisburg, PA 17108 s i PUHL,EASTMAN& �ASHER By: Edward G. Puhl, Esquire Attorney for Plaintiff Attorney ID#55709 220 Baltimore Street Gettysburg, PA 17325 Phone(717) 334-2159 ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ACNB Bank, formerly known as No. 11-7027 Civil Termer Adams County National Bank, j Plaintiff, VS. x C J t E. Westhafer, and 5c- Steven f ' the United States of America, Defendants. Action of Mortgage Foreclosure ORDER AND NOW,this day of �1 ! , 2013,upon consideration of Plaintiff's Motion for Postponement of Sheriff's Sale. it is hereby ORDERED that the request is granted and the Sheriff's Sale of Defendant's real property, known as 39 Glendale Drive, Mechanicsburg, Pennsylvania, is continued until October 2, i 2013. No further advertising or additional notice to lienholders or the Defendant is required, provided the postponement is announced at the April 3, 2013 Sheriffs Sale. BY THE COURT: J. cc: Edward G. Puhl, Esq., 220 Baltimore Street, Gettysburg,PA 17325 25- ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r ii t i C.T E � x ..f c s���tp �i+�tiinGrdrr A{ ad Jody S Smith 6 Chief Deputy � Richard W Stewart `� `� f � i✓ f;`r7`{ Solicitor OFFICE OF THE$14ERiFF PEN'44S YLVAMA ACNB Bank, formerly known as Adams County National Bank Case Number vs. Steven E. Westhafer(et al.) 2011-7027 SHERIFF'S RETURN OF SERVICE 08/17/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: United States of American, Melissa A. Swauger,Assistant U.S. Attorney, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 08/27/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Susan Melendez, Legal Assistant who accepted for United States of America, c/o US Attorneys Office, Attn: Melissa A. Swauger, Asst. U.S. Attorney, at Federal Building, 228 Walnut Street, Suite 220, Harrisburg, PA 17108. So Answers: William T. Snyder, Deputy, Sheriff. 10/17/2012 03:55 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 39 Glendale Drive, Mechanicsburg, PA 17055, Cumberland County. 10/18/2012 Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Steven E. Westhafer at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County. 12/03/2012 As directed by Edward G. Puhl, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013 02/27/2013 As directed by Edward G. Puhl, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013 04/02/2013 As directed by Edward G. Puhl, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 10/02/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on October 2, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Edward Puhl, on behalf of ACNE Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,754.35 SO ANSWERS, November 14, 2013 RbNNrY R ANDERSON, SHERIFF "d- (I tZ icj Coun ySulte Sheriff,Tc:�ecsoR,Inc. On August 16, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 39 Glendale Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 16, 2012 By: Real Estate Coordinator S .1 d I E Inc 116t V8 ' , - 3 id3ri �, CUMBERLAND LAW JOURNAL Writ No. 2011-7027 Civil Term point;thence by the same,South 81 degrees 43 minutes 10 seconds West, ACNB BANK,FORMERLY 426.35 feet to a post;thence by the KNOWN AS ADAMS COUNTY same, North 19 degrees 35 minutes NATIONAL Bank 42 seconds West, 286.94 feet to a vs. post; thence by the same, North 12 STEVEN E.WESTHAFER degrees 19 minutes 06 seconds East, 146.27 feet to a point; thence by United States of America lands now or formerly of Catherine Atty.: Edward G. Puhl E. Vogelsong, North 79 degrees 04 39 Glendale Drive, Mechanics- minutes 27 seconds East, 373 feet burg,Silver Spring Township,Penn- to a point;thence by the same,North sylvania 17055. 14 degrees 12 minutes 41 seconds Tax Map and Parcel No. 38-05- West, 401.35 feet to a point; thence 0435-011. by lands now or formerly of Ronald ALL that certain piece or parcel of E. Ryan, North 80 degrees 30 min- land,situate in the Township of Silver utes 06 seconds East,948.23 feet to Spring, County of Cumberland and a point; thence by. the same, North State of Pennsylvania,bounded and 79 degrees 42 minutes 07 seconds described as follows,to wit: East, 412.00 feet to a point in the BEGINNING at a point in the center line of Township Road T-592, center line of Township Road T-592, the place of BEGINNING. known as Glendale Drive, at corner BEING the same premises which of lands now or formerly of Ronald Elwood R. Westhafer and Joyce A. E. Ryan;thence in and through said Westhafer, husband and wife, by Road, South 9 degrees 8 minutes deed dated June 3, 2003, and re- East,43 feet to a point;thence by the corded in the Office of the Recorder same, South 28 degrees 22 minutes of Deeds in and for Cumberland West, 181.50 feet to a point; thence County, Pennsylvania, in Deed by the same, South 14 degrees 33 Book 257, Page 2338, granted and minutes West, 81.23 feet to a point; conveyed unto Steven E.Westhafer. thence by the same,South 22 degrees UNDER AND SUBJECT TO ease- 24 minutes West, 235.95 feet to a ments, rights-of-way, conditions, point; thence North 73 degrees 22 covenants and restrictions of prior minutes 30 seconds West, 28 feet record. to a point; thence South 10 degrees 53 minutes West, 84 feet to a point; thence South 36 degrees 29 minutes 20 seconds West, 186.35 feet to a post; thence by lands now or for- merly of Lester Vogelsong, South 57 degrees 15 minutes West,74 feet to a point;thence by the same,South 61 degrees 55 minutes 15 seconds West, 25L64 feet to a point;thence by the same, South 75 degrees 36 minutes 47 seconds West, 173.47 feet to a point;thence by the same,South 74 degrees 13 minutes 40 seconds West, 147.22 feet to a point;thence by the same, South 67 degrees 20 minutes 56 seconds West, 199.57 feet to a 102 t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. V, 61— is Marie Coyne, rditor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2012 . Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy 14e atr1*otwXews Suite "GO Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PLf3 LICATION COPY This ad ran on the date(s)shown below: s -- aio,,au,_d,ur,v c�dM 10/26/12 a 11.7027 CMI Term 11/02/12 N 11 A BANK,FORMER L KNOWN AS ADAMS COU 11/09/12 H NATIONAL Bank 3 g VS. �! a STEVEN E.WESTHAFER 'r . . . . . . . . . . . . . United States of Amence a' p Any: Edward G.puhl 39 Glendale Drive,Mechanicsb Silver 0 Sworn to an 'su scribe b re me his 9 y November, 2012 A.D. Spring Imp Pe urg G Pax Map and Parcel No.3&05-0435-011 Sr i [d ALL that certain piece or parcel of land, at i situate in the Township of Silver Spring L7 County of Cumberland and State l 1 — Notary Public * enn Melia,bounded and described as F , ollows,to wit.. D fed BEGINNING at a point in the center line of Township Road T-592,known as D Glendale Drive,at corner of lands now COMMONWErALTH OF}GENUS YLVANIA or formerly of Ronald E.Ryan;thence in Notarial Seal and through said Road,South 9 degrees Sherrie L.Owens,Notary public 8 minutes East,43 feet to a point;thence Lower Paxton Twp•,Dauphin County My Commission Expires Nov.26,2015 MEMBER,Pt.NNsyLV.A n,rn<-; 'Of NOT TARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ACNB Bank is the grantee the same having been sold to said grantee on the 2nd day of October A.D., 2013, under and by virtue of a writ Execution issued on the 30th day of July, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 7027, at the suit of ACNB Bank against Steven E. Westhafer and the United States of America is duly recorded as Instrument Number 201336806. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this r day of - ecorder of Deeds Recorder of dbeft,Cumbedwd County,Carlisle,PA My Commission Expires the Fust Monday of Jan.2014