Loading...
HomeMy WebLinkAbout12-1491 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANWCC 7 t CIVIL ACTION - LAW No 12-? L Cif Term ACNB Bank . , Plaintiff, VS. Action in Mortgage Foreclosure Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. To: Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, 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 v OLM f *103. 7! ?4 a({,, e k 4f UOS?t? J Pwavalc?o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, No. 12- _ Civil Term Plaintiff, VS. Action in Mortgage Foreclosure Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. To: Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants AVISO USTED 14A 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 sums 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 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, VS. Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Plaintiff, Defendants. No. 12- Civil Term Action in Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this ?5* day of March, 2012, comes Plaintiff, ACNB Bank, by its attorneys, Puhl, Eastman & Thrasher, who bring this action in mortgage foreclosure against Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, 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, Brian D. DeMeester, is an adult individual whose last known address is 924 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Chrissy L. DeMeester, is an adult individual whose last known address is 2895 Fillmore Drive, Chambersburg, Franklin County, Pennsylvania 17201. 4. Defendant, James W. Featherer, is an adult individual whose last known address is 17454 New Bridge Road, Spring Run, Franklin County, Pennsylvania 17262-9706. 5. Defendants are not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2005, 50 App. U.S.C.A. § 501 et seq. 6. On June 27, 2008, Defendants made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200822500. A copy of said mortgage is attached hereto and marked as Exhibit "A". Said mortgage is incorporated herein by reference. 7. The mortgage secures Defendants' note dated June 27, 2008, in the amount of $88,400.00, payable to Plaintiff in monthly installments with interest adjusted as per terms of the note, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. 8. There has been no assignment of said mortgage. 9. The real estate subject to the mortgage is described as follows: Property Address: 379 Old State Road, Gardners, PA 17324 Tax Map and Parcel No. 08-38-2175-033 ALL those (3) tracts or pieces of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the centerline of the Old Carlisle- Gettysburg Highway, which point is at corner of Tract No. 2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 10, Page 52; thence by said Tract No. 2, North 74 degrees 20 minutes West, a distance of 146.5 feet to a point (iron pin); thence along line of Tract No. 3 hereinafter described, North 15 degrees 25 minutes East, a distance of 48.1 feet to a point (iron pin); thence along lands now or formerly of Lena K. Kuntz and Chester J. Kuntz, her husband, South 73-1/4 degrees East, a distance of 146.5 feet to a point in the center line of said Old Carlisle-Gettysburg Highway; thence by the center line of said highway, South 15-1/z degrees West, a distance of 46.4 feet to a point, the place of BEGINNING. BEING improved with a 1 story frame bungalow and also being Tract No. 1 as designated on a plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10, Page 52. Tract No. 2: BEGINNING at a point in the center of the Old Carlisle-Gettysburg public road at corner of land conveyed to Christine L. Beam by Deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorders Office in Deed Book "J", Volume 21, Page 1131; thence along said lands now or formerly of Christine L. Beam, North 73-%2 degrees West, a distance of 148 feet to an iron pin; thence along line of Tract No. 3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract No. 1 hereinbefore described; thence along Tract No. 1, South 73- 1/2 degrees East, a distance of 148 feet to a point in the center line of the Old Carlisle-Gettysburg public road; thence along the center line of Old Carlisle-Gettysburg public road, South 13 degrees West, a distance of 15 feet to a point, the place of BEGINNING. CONTAINING 15 feet in front along the centerline of the Old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width, a distance of 148 feet, in accordance with surveys made by F. S. Omer on August 17, 1944 and April 18, 1945. Tract No_ 3 BEGINNING at a common point of lands of Raymond L. Rickroade and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot No. 1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin, the place of BEGINNING. CONTAINING 0.142 acres and being Lot No. 11 on a plan prepared by Eugene A. Hockensmith, R.S., dated February 5, 1998 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 55, Page 16. BEING the same premises which Mary K. Caldarelli, single person by her Deed dated June 27, 2008, and recorded July 2, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Instrument No. 200822499, granted and conveyed unto Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer. 10. The present owners of the real estate subject to the mortgage are Defendants, Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer. 11. Said mortgage is in default because the payments of principal and interest, which have become due and payable on November 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. 12. By reason of the aforesaid default, the following amounts are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal $85,297.49 (b) Interest from 10/02/11 to 02/28/12 $ 1,980.16 (Plus $13.55 per diem thereafter) (c) Late charges to 02/28/12 $ 103.16 (Plus $25.79 per month thereafter) (d) Other fees $ 324.83 (e) Attorney's fees (estimated through completion of foreclosure, at a rate of $210.00 per hour) $ 3,500.00 TOTAL $87,705.64 13. 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. 14. The Notice of Intention to Foreclose Mortgage pursuant to Act 6 of 1974 (41 P.S. §403 have been sent to Defendants by first-class mail, postage prepaid, and by certified mail, return receipt requested. Copies of the Notice of Intention to Foreclose Mortgage sent to Defendants are attached hereto and marked as Exhibits "C - E". Said Notices are incorporated herein by reference. The Notices sent by certified mail were returned by the United States Postal Service marked "unable to forward". The certified mail envelopes addressed to the Defendants are attached hereto and marked Exhibits "F & G". Said envelopes are incorporated herein by reference. The Notices sent by regular mail were also returned by the United States Postal Service marked "unable to forward" and are attached hereto and marked Exhibits "H & I". Said envelopes are incorporated herein by reference. The U.S. Postal Service Track and Confirm pages from the mailing of said Notices to Defendants are attached hereto, and marked as Exhibits "J - N". Said pages are incorporated herein by reference. 15. The thirty day cure period provided by said Notice of Intention to Foreclose Mortgage has expired. Defendants have failed to cure the aforesaid default. WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the sum of $87,705.64, plus interest from February 29, 2012, at a per diem of $13.55, additional late charges, costs of suit, and other charges collectible under the terms of the mortgage; for the foreclosure and sale of the mortgaged property; and for other relief as the Court deems appropriate. Respectfully submitted: PURL, EASTMAN & THRASHER By: -r- cel Richard E. Thrasher, Esq. Attorney ID# 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, Plaintiff, VS. Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, No. 12- Civil Term Action in Mortgage Foreclosure Defendants. 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, 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: No rch S, d 0 let Susan M. Saylor Assistant Vice President, Loan Risk Officer ACNB Bank Ater RocoMdp Return To: ADAMS COUNTY NATIONAL. BANK P.O. BOX 3128 t;BTT 38 RO. PA 17325 LOAN NO.: pp6w AbM The U* Fw e p DMy 1?EFnVTf[ONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this docurnart are also provided in Section 16. (A) "Se awky Instrameat" means this document, which is dated JUNE 27, 24108 together with all Riders to this document. (B) "Borrower- is BRIAN D DEMEESTER AND CHRISSY L DEMEESTER AND JAMES W FEATHERER 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 Lander is the mortgages under this Security Instrument. (D) "Note"means the promissory note signed by Borrower and dated JUNE 27, 2008 The Note states that Borrower owes Lender EIGHTY-EIGHT THOUSAND FOUR HUNDRED AND 00/100 Dollars (U.S. $ 881400.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the dent in full not later than JULY 1, 2038 (E) "Property" means the property that is described below under the beading "Transfer of Rights in the Property." (I) "Lean" 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. PEWMMVAMA - Q*Vle Family LwwFon. Inc, pM 416 76W LFI#ADA3Wg lint POP I Of 14 edtlelb' EXHIBIT "A" Page I of 20 (C) "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]: O Adjustable Rate Rider 8 Condominium Rider O Send Home Rider ? Balloon Rider Planned Unit Development Rider ? 1-4 Family Rider Biweekly Payment Rider ? V.A. Rider 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) as well as all applicable final, non-appealablejudicial opinions. (1) "Community Association Dan, Fees, and Assessments" n ma all dues, fees, assessments and other charges that are imposed on Borrower or the Property by it condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper lnatrument, 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) "Miscellameons 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 amount due 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 (12 U.S.C. $2601 ct seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended 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. PEMOYLVAlNA - Single Family L8W Fam* M¢. MM 418.3555 LFIOADA3M9 raw Page 2 of 14 Inideb: EXHIBIT "A" Page 2 of 20 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 rrypdRemdk AMMAN" PftmdR -mdb ArWdWol DICKINSON TOWNSHIP which currently has the address of 379 OLD STATE ROAD 18" CARDNERS , Pennsylvania 17324 ("Property Address"): lptyl R4 coaq 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 defard 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. PEN AMVANIA - Singb Famay Lam Fortin Im MM 4463655 LF?aADA3M ra+ Pays 3 of 14 InWI& -?? EXHIBIT "A" Page 3 of 20 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payaseat of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. 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 under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that arty or all subsequent payments dare under the Note and this Security Instrument be made in one or more of the following forms, as selected by Leander: (a) cash; (b) money order; (c) catitied check, bank check, treasure'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 deaned 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 IS. Lender may return any payment or partial payment if the payment or partial payments are insufliciatt 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 bold 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 fads 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 due under the Note and this Security Instrument or performing the covenants and agreements scarred by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Leader shall be applied in the following order of priority: (a) taxes and insurance due under Sections 4 and S; (b) interest due under the Note; (c) late charges; (d) costs of collections; (e) amounts due under Section 3, (t) 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 under this Security Instrument, and then to reduce the principal balance 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 dace under the Note shall 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 under 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 cat 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 S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term 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 be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower PENNBYLVAMA - Sftle Famly Last Famt W- (OM 44G-35% LF1 +ADA3039 W01 Pao 4 or 14 Initials: f y? 1. O EXHIBIT "A" Page 4 of 20 shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pry the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for my 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 famish 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 tine 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 lane. The Funds shall be held in an institution whose deposits arc 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 shalt apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lefler shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to nuke 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. Lefler 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 lnstrument, Lender shall promptly refbnd 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, Foes, 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 this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in 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 Lenders opinion operate to prevent the enforcement of the lien while those proceedings arc pending, but only until such proceedings we 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 PEf1NMVANA • Single Family UMW Fam» Ire. (app) 4463566 LFI#ADA3M tAh Pape a of 14 Inlaals: ?j EXHIBIT "A" Page 5 of 20 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 Imsarance. Borrower shall keep the improvements now existing or herem'w erected on the Property insured against loss by fire, hazards included within the term "extended covaW and arty 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 nay 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 none determination and certification services and subsequent charges each time remappings or similar changes oeaur 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 none determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Larder may obtain insurance coverage, at Lender's option and Borrowers expense. Lads 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 lessor 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 whder this Section S 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 Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall now 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. Leader 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 Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall 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 it 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 td pay Borrower any interest or earnings on such proceeds. Fes 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 Lenders security would be lessened, the insurance proceeds shall be applied to the sums segued by this Security Instrument, whaler or not then due, with the excess, if any, paid to Borrower. Such 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 - Sin* Fe" Lwr Fonm Inc (OM 4"45a LR OADA3M IM Pace 6 of 14 Inafals: EXHIBIT "A" Page 6 of 20 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 scale 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 haft assigns to Lender (a) Borrowers rights to any insurance proceeds in an amount not to ezoeed 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 we 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 Instrunic , whether or not than due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrowees principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one you after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowees control. 7. Praawntion, 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 S 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 Larder 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 lion procceds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrowers 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 Borrowers 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 include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interco In the Property and Rights Under this Security Instrtanent. 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 Landers interest in the Property and/or rights under 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. Lenders 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 cowl; and (c) paying reasonable attorncys' fees to protect its interest in the Property "or rights under this Security instrument, including its secured position in a bankruptcy proceeding. Securing the Property includm 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 PENIIMYA" - Sin* Famsy Leer Fames Inc. (e09) 44646a LFIOADA3039 W1 Pop 7 of 14 Inihats. EXHIBIT "A" Page 7 of 20 is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall became additional debt of Borrower secured by this Security Instrument. These amounts "I 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 lean. If Borrower soquim fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the mtsger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. It for any reason, the Mortgage Insurance coverage required by Larder 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 a quivahrt 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. Landes 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 Leader 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 Lander requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of matting the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurranc e, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refmdable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with arty 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 Note) 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 then 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 praniums). As a result of these agreements, lender, any purchaser of the Note, another insurer, any coinsurer, any other entity, or any affiliate of any of the foregoing, nay receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrowers payments for Mortgage Insursnce, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Leader takes a share of the insurers risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurarrce." 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 agramenu will not increase the amount Borrower will owe for Mortgage Insurance, and they will net entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - it any - with respect to the Mortgage insurance under the Homeowners Protection AM of IM or any other low. 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 refund of any PENNSYLVANIA • Single Family Law Farm Inc. (000/ 4163665 LFI 0ADA3M9 1/01 Pape 8 of 14 WWII: ---;:> lam- ? EXHIBIT "A" Page 8 of 20 Mortgage Instr nce premiams that were anearned at the time of lath caneellatlm or termination. 11. Assignment of Miscellaneous Proceeds; Forfeitara 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 Miscdhmeous 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. lithe restoration or repair is not economically feasible or Lender's security would be Iease nerd, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument, whether or not than 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 stuns 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 Leader otherwise agree in writing, the sums secured by this Security Instrument 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, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, 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 Lcndefs 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 we attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Procceds 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 ]Leader Not a Waiver. Extension of the time for payment PEti OMAW - Single Family t.aa Farm Inc. MM I4635M LFI OADA3= LOt Pape a of 94 let EXHIBIT "A" Page 9 of 20 or modifica ion of amortization of the sums secured by this Security Instrument granted by Lander to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Srmcesson in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to reR+se 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 forbearaiae 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; Co4gaers; Successors and Assigns Booed. Borrower covemunts and agrees that Borrowers 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 teens of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security instnnnent; 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-signers consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrowers rights and benefits under this Security Instrument. Borrower shall not be released from Borrowers obligations and liability under this Security Instrument unless Lender agrees 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. Lour Charter. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' foes, property inspection and valuation fees. In regard to any other fem 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 Lan 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). Borrowers 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 Instrtment shall be deemed to have been giver to Borrower when mailed by first class mail or when actually delivered to Borrowers 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 Borrowers 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 PENNSYLVAMA • Single Family Lawn Famm Inc. MM M6?S5 LFMADA9090 1001 Napa 10 of 14 Ma EXHIBIT "A" Page 10 of 20 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 Instrumett. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal few and the law of the jurisdiction In which the Property is located. All rights and obligations contained in this Security Instrument we subject to any requirements and limitations of Applicable Law. Applic*le 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 of bee without the conflicting provision. As used in this Security instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mein 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 bfstrument. I& 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 inter ests transferred in a bond for dad, 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 par 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. 19. Borrower's Rigbt 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 carliest 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 night specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. 'chose conditions are that Borrower: (a) pays Lender all suns 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; (e) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees insured for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender 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 stuns 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 forts, as selected by Lender: (a) cash; (b) money order, (c) citified 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. Seek of Note; Change of Low 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 Borrows. PENNSYLVANIA -Side Famly Lpa Forms Inc. MM N5.350 LFIOADA3039 IMJ Paoli of 14 IniMls: EXHIBIT "A" Page 11 of 20 A sale might result in a change in the entity (known as the "Loan Servieer") that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the NOW this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servieer 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 now 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 Lon is serviced by a Loan Serviea other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servica or be tranderretil to a successor Loan Services and are mot 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 salons pursuant to this Security Instrument or that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Larder has notified the other party (with such notice given in compliance with the requiremei is 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 givers 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. Basardous Substam es. As used in this Section 21: (a) "Hazardous Substances" are base 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 rernoval 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 any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presaace, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. Tlae preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities 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 my 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 rane diation 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. PM4MMVMM - Single Family Lmw Form" Inc. MM 4163565 LFesADnt IM Pager 12 or 11 Malsla T---? EXHIBIT "A" Page 12 of 20 NON-UNIFORM COVENANTS. Borrower and Lender fuuther covenant and agree as follows: 22. Acceleration; Remedies. Lender shalt give notice to Borrower prior to accelerntioo following Borrower's breacb of any covenant or agreement In this Security Instrument (but not prior to accekntbn under Section 18 mien Applicable Law provides otherwise). Locader shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the defnuk; (c) when the deGmlt must be cared; and (d) that failure to care the default u specified may result in accde don of the sums secured by this Security laatrumeat, foreclosure by Judicial proceeding and acute of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreelown proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cared as specified, Lender at its option may require immediate payment In fall of all sums secured by this Security Instrument without further demand sad may foreclose this Security Instrument by Judicial preceding. Lender shall be entitled to collect al expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fen 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 it 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. Reiustataneat Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding et a sheriffs We or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money 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. PEWDYLVM M - ft & Femity LnW FWM M¢. (800) 4 M35 LFienw3aw IM Papa 13 of 14 InMais: 7> EXHIBIT "A" Page 13 of 20 BY SIGNING BELOW, Borrower accepts and agrees to the teams and covenants contained in this Security Instrument and in my Rider executed by Borrower and recorded with it. Witnesses: 159we K " r nds Lift for Ae MWkdrnw4 (Seal) 4knvww (Seal) .eanerrar (Sad) -6a?r.r Certifleate Residence I, i ?l do hereby certify that the correct address of the within- s '675 OLD HARRISBURG ROAD, Gettysburg, PA 17325 Witness my hand this?4-1, day of?KM , 200?, 1 - Ae.rR aidalpp.. COMMONWEALTIi OF PENNSYLVANIA, g4ERLANDO County ss: On this, the a day of ' , 200 , befo the undersigned oflicer, personally appeared BRIAN D DEMEESTER AND CHRISSY L DEMEESTER AND JAMES W FEATHERER known to me (or satisfactorily proven) to be the person whose name(s) Ware subscribed to the within instrument and acknowledged that helshe/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. My Commission expires: - NoWy Posse es r.- n 4Ow SN" F" On Evktt .q.24. Low Farms Inc. (N9 4463666 pn of IlelerYr LF1MpA,3p3e IMI Pape 14 of 14 IloletlllMl IjuDID a?MrO ?dl.titb1111? Nolnls laeoiido" of EXHIBIT "A" Page 14 of 20 AN D DEMEESTER aaeower FIXED/ADJUSTABLE RATE RIDER (One-Year TM=ry Indent - Rate Gaps) LOAN NO. THIS FIXED/ADJUSTABLE RATE RIDER is made this 27TH day of JUNE, 2008 , and is incorporated into and shall be downed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrumeot") of the same date given by the undersigned (the "Borwvmr7 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 Inswment and located at: 370 OLD STATE ROAD GARDNERS, PA 17324 lPtope" Address) THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. TAE NOTE I.1lWM THE AMOUNT BORROWER'S ADJUSTABLE IN'T'EREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 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 5.750 %. 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) Champ Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of JULY , 2018 , and the adjustable interest rate I will pay may change on that day every 12th mouth 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 chaage, i3 called a 'Change Date. • (B) The lwdex 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. MUE.TESTAT11 FIX IWAWUSTAItt.E RATE RIDER•ONE YEAR TREASURY Smgk Family-ftwk Mae UNR+ORM INSTRt1MEW FNMA3182 (12/00) loge t of 3 FORM 3182 1/01 EXHIBIT "A" Page 15 of 20 (C) Caharlation of Chasges 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 (0.12596). 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) Llmhs on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.750 % or less than 3.75096. Thereafter, my adjustable interest rate will newer be increased or decreased on any single Change Date by more than two percentage points (2.096) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.750%. (E) EMectire Date of Changes My now 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. (T) 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 the effective date of any change. 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. 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 is 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. 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 roust pay all sums secured by this Security Instrument. If Borrower fails to pay these alms 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 BI 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 III 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$inate Family.Foade Moe UNIFORM INSTRUMERf FNMA3182 (12/00) Pop 2 o1`3 FORM 3182 1/01 EXHIBIT "A" Page 16 of 20 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 Leader 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, Larder inlay 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 Lewder 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 accords= with Section U within which Borrower must pay all sums sacred 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) (Seal) BRIAN D DEMEESTER Borrower CHRISSY L D EESTER Borrower L -Borrower J ES W FEATl-t Bo(rmwe [Sign Original Oblyl MULTISTATE t47 MAWMAKE RATE IUDMONE YFAR TREASURY-Smsk Pam4-Faaak Max UNIFORM INS'IRUMEtf FNMA3182 (12/00) Per 3 of 3 FORM 3182 1/01 EXHIBIT "A" Page 17 of 20 • y Exhibit A ALL THOSE (3) TRACTS or pieces of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: Tract No. 1: BEGINMNG at a point in the centerline of the Old Carlisle-Gettysburg Highway, which point is at corner of Tract No. 2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 10, Page 52; thence by said Tract No. 2, North 74 degrees 20 minutes West, a distance of 146.5 feet to a point ( iron pin); thence along line of Tract No. 3 hereinafter described, North 15 degrees 25 minutes East, a distance of 48.1 feet to a point (iron pin); thence along lands now or formerly of Lena K. Kuntz and Chester J. Kuntz, her husband, South 73 %. degrees East, a distance of 146.5 feet to a point in the center line of said Old Carlisle-Gettysburg Highway; thence by the center line of said highway, South 15 %: degrees West, a distance of 46.4 feet to a point, the place of BEGINNING. BEING improved with a 1 story frame bungalow and also being Tract No. 1 as designated on a plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10, Page 52. Tract No. 2: BEGINNING at a point in the center of the Old Carlisle-Gettysburg public road at corner of land conveyed to Christine L. Beam by Deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorders Office in Deed Book "J", Volume 21, Page 1131; thence along said lands now or formerly of Christine L. Beam, North 73 '/2 degrees West, a distance of 148 feet to an iron pin; thence along line of Tract No. 3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract No. 1 hereinbefore described; thence along Tract No. 1, South 73 %: degrees East, a distance of 148 feet to a point in the center line of the Old Carlisle-Gettysburg public road; thence along the center line of the Old Carlisle-Gettysburg public road, South 13 degrees West, a distance of IS feet to a point, the place of BEGINNING. CONTAINING 15 feet in front along the centerline of the Old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width, a distance of 148 feet, in accordance with surveys made by F.S. Omer on August 17, 1944 and April 18, 1945. Tract No. 3: BEGINNING at a common point of lands of Raymond L. Rickroade and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along EXHIBIT "A" Page 18 of 20 Lot No. 1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin, the place of BEGINNING. CONTAINING 0.142 acres and being Lot No. 11 on a plan prepared by Eugene A. Hockensmith, R.S., dated February 5, 1998 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 55, Page 16. BEING the same premises which Deutsche Bank National Trust Company, as trustee of Ameriquest Mortgage Securities, Inc., asset backed pass through certificates Series 2005- Rl, under the pooling and servicing agreement dated February 1, 2005, without recourse by AMC Mortgage Services, Inc., it Attorney in Fact by Power of Attorney recorded in Volume 4153, Page 313, by Deed dated January 16, 2007, and recorded January 22, 2007, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 278, Page 2430, granted and conveyed unto Mary K. Caldarelli, Grantor herein. EXHIBIT "A" Page 19 of 20 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200822500 Recorded On 7/2/2M At 11:00:05 AM * Instrument Type - MORTGAGE Invoice Number - 24326 User ID - RAK * Mortgagor - DEMEESTER, BRIAN D * Mortgagee - ADAMS COUNTY NATIONAL BK * Customer - CAPITAL ABSTRACT * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $41.50 $11.50 $2.00 $3.00 $68.50 I Certify this to be recorded in Cumberland County PA RECORDER O * Total Pages - 20 Certification Page DO NOT DETACH This page is now part of this legal document. " - Information denoted by an asterisk may change during the verification proem and may not be reflected on this page. "Ov 11111111111111 EXHIBIT "A" Page 20 of 20 LOAN NO. ( FLT, D/ADJUSTABLE RATE NG jl"? (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. JUNE 27 2008 GETTYSBURG PA [Date] [City] [State] 379 OLD STATE ROAD GARDNERS, PA 17324 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 88,400.00 (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 a yearly rate of 5.750 %. 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 AUGUST 1 2008 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JULY 1 , 2038 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments 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. $ 515.88 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 I 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 JULY , 2015 , 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 Mae CUOYbiEMWASTRUMENT FORM 3522 1/01 FNMA3522 (12/00) Page 1 of 4 Initial ?- Initial EXHIBIT "B" 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 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 I am required to pay at the first Change Date will not be greater than 7.750 % or less than 3.750%. 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 11.7.50%. (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 the effective date of any change. 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 I 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 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 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 days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % 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 require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ON&YEAR TREASURY INDEX-Fannie Mae UR?XWINSTRUMENT FORM 3522 1/01 FNMA3522 (12/00) Page 2 of 4 Initiat Initial EXHIBIT "B" 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 to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 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" means 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 under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions 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 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. 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. 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 NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UMENT FORM 3522 1/01 FNMA3522 (12/00) Page 3 of 4 - lnitial Initial EXHIBIT "B" l 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 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 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. HAND(S) AND SEAL(S) OF THE UNDERSIGNED. B (Seal) STER -Borrower Social Security Number -Borrower Social Security Number Social Security Number Social Security Number (Seal) -Borrower -Borrower [Sign Original Only] MULTISTATE FIXED/ADJUSTABLE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mae UMENT FORM 3522 1/01 FNMA3522 (12/00) Page 4 of 4 Initial Initial EXHIBIT "B" To: Brian D. DeMeester 924 Rockledge Drive Carlisle, PA 17013 Date: January 11, 2012 Mortgage Loan No. NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 379 Old State Road Gardners PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1, 2011 and January 1, 2012 Late charges or other charges have also accrued to this date in the amount of $ 51.58 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1,599.22 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 1,599.22 plus any additional monthly payments and late charges which may fall due during this period Such payment must be made either by cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB Bank (formerly ADAMS COUNTY NATIONAL BANK) By: Susan M. Saylor, Assistant Vice President *Copies also sent to 379 Old State Road, Gardners, PA 17324 EXHIBIT "C" To: Chrissy DeMeester Date: January 11, 2012 2895 Fillmore Drive Chambersburg, PA 17201 Mortgage Loan No. NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 379 Old State Road Gardners PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1, 2011 and January 1, 2012 Late charges or other charges have also accrued to this date in the amount of $ 51.58 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1,599.22 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 1,599.22 , plus any additional monthly payments and late charges which may fall due during this period Such payment must be made either by cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. -- You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB B (formeCOUNTY NATI AL B By:. `Susan M. Saylor, Assistant Vice i ent *Copies also sent first class mail. EXHIBIT "D" Page 1 of 2 To: Chrissy DeMeester Date: January 11, 2012 379 Old State Road Mortgage Loan No. Gardners, PA 17324 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ACNE Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 379 Old State Road, Gardners, PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1, 2011 and January 1, 2012 Late charges or other charges have also accrued to this date in the amount of $ 51.58 _ The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1,599.22 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 1,599.22 , plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at any office of ACNE Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. . We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheris foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB Bank (formerly ADAMS COUNTY NATIONAL BANK) By: Susan M. Saylor, Assistant Vice President *Copies also sent first class mail. EXHIBIT "D" Page 2 of 2 To: James W. Featherer 17454 New Bridge Road Spring Run, PA 17262-9706 Date: January 11, 2012 Mortgage Loan No. -- NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 379 Old State Road, Gardners, PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1, 2011 and January 1, 2012 Late charges or other charges have also accrued to this date in the amount of $ 51.58 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1,599.22 You may cure this default within THIRTY (30) DA YS of the date of this letter, by paying to us the above amount of $ 1,599.22 plus any additional monthly payments and late charges which may fall due during this period Such payment must be made either by cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sherfs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB Bank (formerly ADAMS COUNTY NATIONAL BANK) By: Susan M. Saylor, Assistant Vice President *Copies also sent first class mail. EXHIBIT "E" Hasler 01/i1f2012 FIRE $04, C4 c1 1iC1 00 z ow 00 u o It u -- = 41 Mz 0 z t ? ? DIY ? ? W O 4J O _ zx o r z o WC p a HW.f z a ._. NWM13 •?smcau ti - M N 4 H, w& XI-o? u rx ?- W t3F-0i - MOO(A r ?IWtCtt aw a ? wel 4 O (A U ? W Q N M C V) w O WQ >F¢a Q Cl) ?W o c zQz o ? CA M C7 r, C~ W o o LLJ A f ?+ . w Lit Ir W U F ? cq > cc U) 7 _N z CSI: U? O W J w p CL LLJ F EXHIBIT "F" as Re I v1 f;[.0 2 1 v r o ti ? W ¢ N O W C ?? O [7a W o ?°z ?? U m 0 r w?? r 1 0 s? U) 4Z w ? Li C3 W w U cr cu Z U? o w n p ? y W H N r) 4 O ?y {'J U Ib U ? - 0 _ Z0 QQ 0 hW mt7 u 110 as N ©a-jm v Ffw-wit ZWILW z awmit = 3w?? 3 f bola I- wwo9z u a©Cgw it ?cl o? G) r^ • EXHIBIT "G" bq `.T N C7 ap ? W ¢ M W ? W W Q w ¢ a Q W Qz ¢o? W M C7 N Ti P) ryry ?I M aJ(ti o.. ra O a m z aJ9 Z -a ( d Ell Ell } 0 O a:Xz100 tic N z .-= 0 HW" a ['-t,ao 3 H- W EL W Xl : - i ? WYW (MOM act,a? 3u, OwNd k.O Qk O L r.? •r?rl :a ss .a •a +-F 0 W ui W 0 W cr W U > W to N_ M ? Z Ir U? o w EXHIBIT "H" ?• i 7 ? ' Q R W ¢ M ww¢ w¢? Q cn W z 0 U M C7 Q 0 1mm? }v,}yifiJ r? 4) ? 4 Tt W .-e LM M tC zw ma w - m ?. v = 02 w z Nw mo w ?m m(r ur, ED fbtim 0 VALLW z - t+w m It = Dwml: wwol w MONO m ;z i? r i rr u 0 W H W W W W U N W M W N_ z CL U ui EXHIBIT "I" USPS.comg - Track: & Confirm Page English Customer Service USPS Mobile Register I Sign In cusp.s-com° Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES YOUR LABEL NUMBER SERVICE STAI"US OF YOUR ITEM DATE &TIME LOCATION FEATURES 91 71 96900936 00 0 28 667 66 First-Class Mail ® Delivered January 17, 2012, 8:01 am GETTYSBURG. PA 17325 Return Receipt Electronic Notice Left January 14, 2012, 8:57 am GETTYSBURG, PA 17325 Processed through January 14, 2012, 5:33 am HARRISBURG, PA 17107 USPS Sort Facility Arrival at Unit January 12, 2012, 8:28 am ASPERS, PA 17304 Depart USPS Sort January 12, 2012 HARRISBURG, PA 17107 Facility Processed at USPS January 12, 2012, 2:42 am HARRISBURG, PA 17107 Origin Sort Facility Accepted at USPS January 12, 2012, 1:27 am GETTYSBURG, PA 17325 Origin Sort Facility Electronic Shipping Info January 11, 2012 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 + FOIA > Print a Label with Postage > No FEAR Act EEO Data + Customer Service > Site Index > OTHER USPS SITES Business Customer Gateway + Postal Inspectors I Inspector General, Postal Explorer , ON ABOUT.USPS.COM About USPS Home, Newsroom Mail Service Updates > Forms & Publications) Careers , CopyrightO 2C 12 USPS. AN Rights Reserved EXHIBIT "J" https://tools.usps.com/go/TrackConfimiAction input?gtc_tLabels1=917196900935000285... 1/17/2012 I;SPS.com® - Track & Confirm Page 1 of 1 English Customer Service USPS Mobile Register I Sign In ausplcom* Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE &TIME LOCATION FEATURES 91 71 9690093600 0 28 567 7 0 First-Class Mail ® Delivered January 17, 2012, 8:01 am GETTYSBURG, PA 17325 Return Receipt Electronic Notice Left January 14, 2012, 8:57 am GETTYSBURG, PA 17325 Processed through January 14, 2012, 5:33 am HARRISBURG, PA 17107 USPS Sort Facility Arrival at Unit January 12, 2012, 828 am ASPERS, PA 17304 Depart USPS Sort January 12, 2012 HARRISBURG, PA 17107 Facility Processed at USPS January 12, 2012, 2:42 am HARRISBURG, PA 17107 Origin Sort Facility Accepted at USPS January 12, 2012, 1:27 am GETTYSBURG, PA 17325 Origin Sort Fatality Electronic Shipping Into January 11, 2012 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 , FOIA , Print a Label with Postage) No FEAR Act EEO Data Customer Service Site Index > OTHER USPS SITES Business Customer Gateway , Postal Inspectors Inspector General > Postal Explorer, ON ABOUT.USPS.COM About USPS Home Newsroom , Mail Service Updates) Forms & Publications) Careers , Copynghnl? 2012 USPS. All Rights Reserved EXHIBIT "K" https://tools.usps.corn/go/TrackConfirmAction.action 1/17/2012 u Lsro.comw - i ra.CK & I-;onnrm English Customer Service USPS Mobile Quick Tools Ship a Package Send Mail Manage Your Mail Track & Confirm GET EMAIL UPDATES YOUR LABEL NUMBER SERVICE 9171969009360002856763 ;First-Class Meif Check on Another Item What's your label (or receipt) number? LEGAL Privacy Policy > Terms of Use , FOLA No FEAR Act EEO Data > OTHER USPS SITES Business Customer Gateway Postal Inspectors r InsDector General: Postal Explorer, Copyright* 2012 USPS. All Rights Reserved. STATUS OF YOUR ITEM Delivered Notice Left Depart USPS Sort Facility Processed at USPS Origin Sort Facility Accepted at USPS Origin Son Facility Electronic Shipping Into Received I ON USPS.COM Govemment Services) Buy Stamps & Shop > Print a Label with Postage > Customer Service > Site Index, eag Register/ Sign In Search USPS.com or Tract Packages Shop Business Solutions DATE E TIME LOCATION FEATURES January 18, 2012,1:03 pm CHAMBERSBURG, PA 17201 Return Receipt Electronic i January 13, 2012, 2:19 pm CHAMBERSBURG, PA 17201 January 13, 2012 HARRISBURG, PA 17107 January 13, 2012, 2:03 am HARRISBURG, PA 17107 January 13, 2012, 12:48 am GETTYSBURG, PA 17325 January 11, 2012 ON ABOUT.USPS.COM About USPS Home Newsroom, Mail Service Updates, Forms & Publications, Careers, EXHIBIT "L" PAGE I of 2 https://tools.usps.com/go/TrackConfinnAction.action 2/13/2012 NSMM MS AL SERVICE. Date: 02/13/2012 SUSAN SAYLOR: The following is in response to your 02113/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 6763. The delivery record shows that this item was delivered on 01/18/2012 at 01:03 PM in CHAMBERSBURG, PA 17201. The scanned image of the recipient information is provided below. Signature of Recipient:' Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHIBIT "L" Page 2 of 2 Jr?.cor?' w - j racx az r,-;onnrm ttttttttttt?? Page 1 of 1 English Customer Service USPS Mobile Register! sign In IM US wl?.?roff •• Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm CET EPAIL UPDATES YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE d TIME LOCATION FEATURES 9171969009350002859787 'First-Class Mail ® Delivered .,. January 20, 2012, 2:16 pm SPRING RUN, PA 17262 Return Receipt Electronic Arrival at Unit January 12, 2012, 8:34 am SPRING RUN, PA 17262 Electronic Shipping Info ! January 11, 2012 Received Check on Another Item Whars your label (or receipt) number? LEGAL ON USPS.COM Privacy Policy > Govemment Services > Terms of Use Buy Stamps & Shop > FOIA > Print a Label with Postage) No FEAR Act EEO Data > Customer Service > Site Index > OTHER USPS SITES Business Customer Gateway > Postal inspectors > Inspector General Postal Explorer , Copyrights: 2012 LISPS. All Rights Reserved ON ABOUT.USPS.COM AtroW USPS Home, Newsroom > Mail Service Updates , Forms & Publications > Careers EXHIBIT "M" Page 1 of 2 https://tools.usps.com/go/TrackConfirmAction input?gtc_tLabels1=917196900935000285... 2/13/2012 M` WnwSTATES POSTAL SERME... Date: 02/13/2012 SUSAN SAYLOR: The following is in response to your 02/13/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 6787. The delivery record shows that this item was delivered on 01/20/2012 at 02:16 PM in SPRING RUN, PA 17262. The scanned image of the recipient information is provided below. "Mol Signature of Recipient:. 1 `` t r'? L A010 ? ?" j 1111 (/f I 'm i1/p Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHIBIT "M" Page 2 of 2 N,".N,rr, :,'1`y - ..n3cx ZC ".Antirm L, Page Er glish Cue tc mor Service USPS Mobile Register I Sign In MUSPS "Ct? ' , Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPOATES YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES :. '.!17196900935C002866749 First-Class Mail ° Delivered January 17, 2012, 3:08 pm " CARLISLE, PA 17013 Return Receipt Electronic Notice Left January 12, 2012, 12:03 pm CARLISLE, PA 17013 Processed at USPS January 12, 2012, 4:13 am HARRISBURG, PA 17107 Origin Sort Facility Accepted at LISPS January 12, 2012, 2:58 am GETTYSBURG, PA 17325 Origin Sort Facility Electronic Shipping Info January 11, 2012 Received Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM Privacy Policy) Government Services Terms of Ilse , Buy Stamps & Stop , FOIA , Print a Label with Postage , No FEAR Act EEO Data ; Customer Service > Site Index , OTHER USPS SITES Business Customer Gateway , Festal Inspectors , Inspector General , Postal Explorer: ON ABOUT.USPS.COM About USPS Home, Newsroom , Mail Service Updates , Forms & Publications, Careers , Copyright 2012 USPS All Rights Reserved EXHIBIT "N" Page I of 2 https://tools-usps.com/go/TrackConfinnAction.action 2/13/2012 Md ?` r?q-' Date: 02/13/2012 SUSAN SAYLOR: The following is in response to your 02/13/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 6749. The delivery record shows that this item was delivered on 01/17/2012 at 03:08 PM in CARLISLE, PA 17013. The scanned image of the recipient information is provided below. Signature of Recipient: ?- ??tiG??P??S t Address of Recipient: '"S "a3- ? L Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHIBIT "N" Page 2 of 2 Wherefore defendant requests court to deny plaintiff claim for relief. Answer Responsive Pleading 1. Admit 2. Admit I Admit 4 Admit 5. Admit rri - _' 6. Deny There were two First Mortgages signed on 6/27/08. First Mortgage #1 (Exhibit B) signed only by Brian Demeester. This First Mortgage was complete with signed by him. This First Mortgage including both a Federal Truth in Lending Statement and a Promissory Note was registered with the State of PA. My daughter, her mother, and I were told by my daughter's Realtor Wayne Burkstresser, that Adams County Bank did not want her name on the First Mortgage because she did not meet the requirements of income or credit to be placed on the First Mortgage. After long break the Mortgage procedure continued with the Second Mortgage. There were a lot of papers in a pile. I asked Mrs. Detweiller, Realtor for the Seller if all these papers were required for a Second Mortgage She stated they were all required Chrissy was required to sign all of the papers except two the actual Second Mortgage. I signed all the papers. Unknown to either of us new First Mortgage papers were included in the pile. My daughter's credit rating must have improved in the last 2 hours. Her salary also had to be greatly increased. Demeester and Chrissy Demeester, Witnessed by Brian's sister and Chrissy's Mother. It was then Certified by Darcie A. Neil, Notary Public for Boro of Carlisle, Cumberland Co., State of PA. On page 1 of the Marital Statement it states Husband and Wife agree that Wife shall continue to reside at the above mentioned family residence until sale of the house or the 1 st of November 20 11, whichever shall come first Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: My daughter moved out on October 30, 2011. (Fact not in agreement). Page 2 Upon the 1 st of November 2011, Wife agrees to move out of the house and turn full monetary responsibility over to the husband until the house is sold. However, if Wife is able to afford the house on her own, she is entitled to take over the mortgage at her expense. Page 2 Sale of the house Upon sale of the house, the Husband and Wife, agree to split the equity. It is agreed that the Husband and Wife to pay $1,000.00 each to James Featherer (Father of Wife) to satisfy the loan towards the original down payment of the house if and only if there is enough equity at time of sale. This is the remainder of the $3,000.00 short on closing. A $1,000.00 payment had been previously paid (Fact not in agreement) 7. Admit 8. Admit 9. Admit 10. Admit 11 Admit 12. Admit t ames W. Fe rer ?J z 17454 New Bridge Road Spring Run, PA 177262 MARITAL SETTLEMENT AGREEMENT AGREEMENT made on this M day of 7 c--P , 20_t_C)-, by and between Christiane L. DeMeester (Featherer) (hereinafter referred to as "Wife"). who resides at 379 Old State Road Gardners. PA 17324 and Brian D DeMeester (hereinafter referred to as "Husband"), who resides at 924 Rockledge Drive Carlisle, PA 17013. WHEREAS, we were married on the 17' day of September. 2007, in Carlisle, State of Pennsylvania, County of Cumberland, and we now mutually desire to dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were single; WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement; WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, personal and real property, and finances; WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE. THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions: 1. REAL ESTATE A. RESIDENCE Husband shall reside at 924 Rockledge Drive Carlisle. PA 17013. Wife shall reside at 379 Old State Road Gardners. PA 17324. B. HOMESTEAD Husband and Wife own the following real property as their family residence, located at 379 Old State Road Gardners PA 17324. Husband and Wife agree that Wife shall continue to reside at the above mentioned family residence until the sale of the house or the 1st of November, 2011, which ever shall come first. Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: Initials Husband Wife _Ojo_- 1) Expenses. Mortgage and Maintenance: Husband shall be responsible for and pay the following expenses regarding the family residence: One half of the mortgage, electric, garbage, home owner's insurance, property taxes, and any necessary home repairs until the divorce is final or the house is sold, whichever occurs first. After the divorce is final, Husband will be responsible for half of the mortgage, property taxes, and necessary home repairs until the house sells or 1"t of November, 2011, when the Wife vacates the property, at which time Husband will be responsible for all of the house bills until the sale of the house and the Wife is released from responsibility of all house bills. Wife shall be responsible for and pay the following expenses regarding the family residence: One half of the mortgage, electric, garbage, home owner's insurance, property taxes, and any necessary home repairs until the divorce is final or the house is sold, whichever occurs first. If Wife chooses to have extra bills not included in this agreement, Wife agrees to be responsible for the bills entirely. I Upon the 18t of November, 2011, Wife agrees to move out of the house and turn full monetary responsibility over to Husband until the house is sold. However, if Wife is able to afford the house on her own, she is entitled to take over the mortgage at her expense (refinance, deed stop, etc.) before the Ist of November, 2011. 2) Sale of House Upon sale of the house, the Husband and the Wife, agree to split the equity. It is agreed that the Husband and the Wife agree to pay $1,000.00 each to James Featherer (father of Wife) to satisfy the loan towards the original down payment of the house if and only if there is enough equity at the time of the sale. 2. PERSONAL PROPERTY A. HOUSEHOLD GOODS Husband and Wife jointly own the following household goods to be divided as follows: 1) To Husband: Couch, Clothing, Computer, DVD Collection, and the rest of the material possession obtained before the marriage (collectables, sword collections, etc.) 2) To Wife: Kitchen appliances and dishes, Computer, Bedroom Furniture, Clothing, DVD Collection, and the rest of the material possession obtained before the marriage (decorations, books, etc.) Initials Husband ?? Wife (% 3. HEALTH INSURANCE Husband and Wife agree as follows in relation to their respective health care coverage: Both parties will continue to carry health insurance coverage separately as done previous to the separation of marriage. 4. RETIREMENT PLAN A. Husband shall pay to Wife the amount of $5,100.00, plus the television and receiver will become her property. B. Wife will receive the settlement payment of $5,100.00 once the final Divorce Decree is received by the Husband. C. Wife agrees to the amount and property and in exchange for this agreement, Wife will not file for spousal support, alimony, medical support or any other support and maintain consent for an uncontested divorce. Wife must file all papers in a timely manner as part of the agreement. 5. NO HARASSMENT OR INTERFERENCE Neither party will in any manner harass, annoy or interfere with the other. 6. FINAL AGREEMENT This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. 7. ACKNOWLEDGEMENT Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement. 8. CHOICE OF LAW Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Initials Husband Wife W - 4 1BINDING EFFECT This agreement shall be binding upon the parties, and upon their heirs, executors, personal representatives, administrators, successors, and assigns. 10. ENTIRE AGREEMENT This instrument, including any attached exhibits, constitutes the entire agreement of the parties. No representations or promises have been made except those that are set out in this agreement. The agreement may not be modified or terminated except in writing by both parties. Signed and dated this a ? day of ?e c e ?? C 2M( Wife Husband Witness #1 for Wife Witness #1 for Husband CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC COMMONWE TH OF ENN YLVA A COUNTY OF l1 This document Was acknowledged before me on 1 1 O [Date] by [name of principal]. 1 [Notary Seal, if any]: Initials (Signature of Notarial Officer) Notary Public for the Commonwealth of Pennsylvania My commission expires: Husband AJO 7V Wife _ 100,11 r? 7 IN THE COURT OF COMMON PLEAS n 7 OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL. ACTION - LAW „ ACNB Bank, No. 12- 1 q C'vil?'eri ? Plaintiff, VS. Action in Mortgage Foreclosure I j Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, . Defendants. To: Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants NOTICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hwd and the seal of said Co at Carli le, Pa. This 7 day of 20 / a (y???L.r CX C??, , 0th tary 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. Wherefore defendant request court to deny plaintiff claim for relief. Answer NO. l ?- -- )y 9 ? C)V'1 C') x11.1 Responsive Pleading Q: C-S " r--' 1. Admit E' i W " -~ ? ?r ? -,7r 2. Admit - . C 3. Admit 4. Admit 5. Admit 6. Deny There were two First Mortgages signed. First Mortgage #1 was signed only by Brian DeMeester. It was completed with signed by him. Both a Federal Truth in Lending Statement was completed. A Promissory Note was registered. Please See Exhibit B. My mother, my father and I were told by my Realtor Mr. Burkstrtesser , that ACNB would not put my name on the First Mortgage because I did not meet the of income requirements or have the necessary credit rating to sign the First Mortgage. Brian DeMeester was called in and signed the First Mortgage. After a long break the Mortgage procedure continued with the Second Mortgage. Although we had been notified that only Brian DeMeester and my Dad would be on the Second Mortgage. I was called in to sign papers There were a lot of papers in a pile. My Dad asked Mrs. Detweiller, Realtor for the Seller if all these papers were required for a Second Mortgage She stated they were. My Dad and I both signed the papers. It turned out that NEW 1 st mortgage papers had been created and we were not notified about the change. My Dad found out that the papers were fabricated without a Truth in Lending Statement and had not been put on the Promissory Note had no notice One other incident happen before the signing of the Mortgages. Mr. Burkstresser came to us and said there was a mistake in the papers and the was a shortage of three thousand dollars necessary or the sale would be cancelled. No verification of the shortage was ever produced by Adams County Bank. I had been looking forward and planning my decoration in my first home. It was a terrible disappointment. We had been living in the attic of his parents home. My dad offered to write a check for $3,000.00, if his name was put on the Title. The representative for ACNB agreed and received. a check for $3,000.00 from my Dad. Until today we have never learned the disposition of the money. 7. Admit 8. Admit 9. Admit 10. Admit 11. Admit 12. Admit Chrissy L. DeMeester 2895 FIllmore Drive Chambersburg, PA 17201 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Vpk??it1, tti. ?91lutr?r?i/tb. ?. .I Richard W Stewart Solicitor ACNB Bank vs. Brian D DeMeester (et al.) !,'r g 4 - PFt?NSYL`/A,' I Case Number 2012-1491 SHERIFF'S RETURN OF SERVICE 03/07/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Chrissy L. DeMeester, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 03/07/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: James W. Featherer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 03/08/2012 06:20 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 1820 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian D. DeMeester, by making known unto Kerina DeMeester, Wife of Defendant at 924 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents an at the same time handing to her personally the said true and correct copy of the same. MICHAEL BARRI K, DEPUTY 03/16/2012 01:42 AM - Franklin County Return: And now March 16, 2012 at 1420 hours I, Dane Anthony, Sheriff of Franklin 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: James W. Featherer by making known unto himself personally, at 17454 New Bridge Road, Spring Run, Pennsylvania 17262 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/19/2012 10:46 AM - Franklin County Return: And now March 19, 2012 at 1046 hours I, Dane Anthony, Sheriff of Franklin 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: Chrissy L. DeMeester by making known unto herself personally, at 2895 Fillmore Drive, Chambersburg, Pennsylvania 17201 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $77.25 March 23, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;rj Goi i ??a!te BF (. Tee.?5u'i Ins. SHERIFF'S RETURN - REGULAR CASE NO: 2012-00053 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ACNB VS CHRISSY DEMEESTER ET AL BENJAMIN SITES Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE the DEMEESTER CHRISSY L was served upon DEFENDANT , at 1046:00 Hour, on the 19th day of March , 2012 at 2895 FILLMORE DRIVE CHAMBERSBURG, PA 17201 by handing to CHRISSY L DEMEESTER a true and attested copy of COMP MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this 020"4 day of c=?-B /l?1-A. D. COMMONVD?J' PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public I' Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 I So Answers: BENJAMIN U TES By Dep ty 43heri 03/20/2012 RICHARD E THRASHER ESQ SHERIFF'S RETURN - REGULAR . CASE NO: 201.2-00053 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN ACNB VS CHRISSY DEMEESTER ET AL EDWARD C GEBHART SR , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon FEATHERS JAMES W the DEFENDANT , at 1420:00 Hour, on the 16th day of March 2012 at 17454 NEW BRIDGE ROAD SPRING RUN, PA 17262 JAMES W FEATHERS a true and attested copy of COMP MORT FORE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 Sworn and Subscribed to before me this '20 day of V?X?OL71 A.D. COMMOF}AEA4WF PfNySYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan._ 29, 2015 So Answers: EDWARD C GEB T S By -& L. Dep y Sheriff 03/16/2012 RICHARD E THRASHER ESQ ACNB Bank, V. IN THE COURT OF COMMON PLEAS -a OF CUMBERLAND COUNTY, PENNSYLVANIA, r CIVIL ACTION - LAW No. 12-1491 Civil Teri', F-' Plaintiff, - r C:> 72, Action in Mortgage Foreclosure Defendants. Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (I Plaintiff, ACNB Bank, by its undersigned counsel, respectfully moves this Court pursuant to Pa. R.C.P. 1035.2 for summary judgment as follows: 1. Plaintiff commenced this action against Defendants on March 7, 2012, seeking to recover monies due Plaintiff on a promissory note executed by Defendants pursuant to a loan transaction as set forth in Plaintiff s Complaint, a true and correct copy of which is attached as Exhibit "I". 2. On March 26, 2012, Defendant Chrissy L. DeMeester filed an Answer, a true and correct copy of which is attached as Exhibit "2". 3. On March 26, 2012, Defendant James W. Featherer filed an Answer, a true and correct copy of which is attached as Exhibit "3". 4. Brian D. DeMeester has not filed a responsive pleading of any kind. 5. In their Answers, both Defendant Chrissy L. DeMeester and Defendant James W. Featherer admit Paragraphs 1 through 5, inclusive and Paragraphs 7 through 12, inclusive, of the Complaint. Neither Defendant responded to Paragraphs 13 through 15, inclusive, of the Complaint. 6. The only paragraph of the Complaint denied by both Defendants is Paragraph 6, which recites that on "June 27, 2008, Defendants made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as mortgagee, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200822500." 7. The allegations in Defendants' Answers are not responsive to the allegation made in Paragraph 6 of the Complaint, but rather raise extraneous issues regarding the procedure used at the mortgage settlement on June 27, 2008. 8. The Answers filed by the Defendants raise no genuine issues of material fact to be tried. 9. The pleadings are closed and time exists within which to dispose of this Motion so as not to delay trial. 10. Defendants have failed to state a legal defense or to raise any genuine issues of material fact, and Plaintiff is entitled to judgment as a matter of law pursuant to Pa. R.C.P. 1035.2. WHEREFORE, Plaintiff, ACNB Bank, respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendants Chrissy L. DeMeester and James W. Featherer, in the amount of $87,705.64, plus interest from February 29, 2012 at a per diem of $13.65, additional late charges, costs of suit, and other charges collectible under the terms of the Mortgage. Respectfully submitted, PUHL, EASTMAN &THRASHER By z 4 Richard E. Thrasher Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Attorney ID No. 22904 r-thrasher@comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, : No. 12-1491 Civil Term Plaintiff, V. Brian D. DeMeester, Chrissy L. DeMeester, and Action in Mortgage Foreclosure James W. Featherer, Defendants. CERTIFICATE OF SERVICE I hereby certify that I served this date a copy of the foregoing Motion For Summary Judgment upon the following, by regular U.S. Mail postage pre-paid, addressed as follows: Chrissy L. DeMeester 2895 Fillmore Drive Chambersburg, PA 17201 James W. Featherer 17454 New Bridge Road Spring Run, PA 17262-9706 Dated: 99 tit , 2012 PUHL, EASTMAN &THRASH ER By: 4, 4 Richard E. Thrasher Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Attorney ID No. 22904 r-thrasher@comcast.net tti 4. } IN THE COURT OF COMMON PLEASSs r? . OF CUMBERLAND COUNTY, PENNSYLVANIK;3 c.' ? CIVII. ACTION - LAW o --io C ACNB Bank, No. 12- 1 H cql Cis er?p , o r ` Plaintiff, VS. Action in Mortgage Foreclosure Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. To: Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, 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 EXHIBIT "I" 1t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, No. 12- Civil Term Plaintiff, VS. Action in Mortgage Foreclosure Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. . To: Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, 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 acci6n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demands 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 sums de dinero reclamada en la demands 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 SIGUMNTE OFICINA. ESTA OFICINA PUEDE PROVEERLE MORMACION 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 CALIFIC.AN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 EXHIBIT "I" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, Plaintiff, VS. Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. No. 12- Civil Term Action in Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this ,5'-th day of March, 2012, comes Plaintiff, ACNB Bank, by its attorneys, Puhl, Eastman & Thrasher, who bring this action in mortgage foreclosure against Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, 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, Brian D. DeMeester, is an adult individual whose last known address is 924 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Chrissy L. DeMeester, is an adult individual whose last known address is 2895 Fillmore Drive, Chambersburg, Franklin County, Pennsylvania 17201. 4. Defendant, James W. Featherer, is an adult individual whose last known address is 17454 New Bridge Road, Spring Run, Franklin County, Pennsylvania 17262-9706. EXHIBIT "1" 5. Defendants are not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2005, 50 App. U.S.C.A. § 501 et seq. 6. On June 27, 2008, Defendants made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200822500. A copy of said mortgage is attached hereto and marked as Exhibit "A". Said mortgage is incorporated herein by reference. 7. The mortgage secures Defendants' note dated June 27, 2008, in the amount of $88,400.00, payable to Plaintiff in monthly installments with interest adjusted as per terms of the note, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. 8. There has been no assignment of said mortgage. 9. The real estate subject to the mortgage is described as follows: Property Address: 379 Old State Road, Gardners, PA 17324 Tax Map and Parcel No. 08-38-2175-033 ALL those (3) tracts or pieces of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the centerline of the Old Carlisle- Gettysburg Highway, which point is at corner of Tract No. 2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 10, Page 52; thence by said Tract No. 2, North 74 degrees 20 minutes West, a distance of 146.5 feet to a point (iron pin); thence along line of Tract No. 3 hereinafter described, North 15 degrees 25 minutes EXHIBIT "I" East, a distance of 48.1 feet to a point (iron pin); thence along lands now or formerly of Lena K. Kuntz and Chester J. Kuntz, her husband, South 73-%a degrees East, a distance of 146.5 feet to a point in the center line of said Old Carlisle-Gettysburg Highway; thence by the center line of said highway, South 15-%2 degrees West, a distance of 46.4 feet to a point, the place of BEGINNING. BEING improved with a 1 story frame bungalow and also being Tract No. 1 as designated on a plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10, Page 52. Tract No. 2: BEGINNING at a point in the center of the Old Carlisle-Gettysburg public road at comer of land conveyed to Christine L. Beam by Deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorders Office in Deed Book' J", Volume 21, Page 1131; thence along said lands now or formerly of Christine L. Beam, North 73-Y2 degrees West, a distance of 148 feet to an iron pin; thence along line of Tract No. 3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract No. 1 hereinbefore described; thence along Tract No. 1, South 73- %2 degrees East, a distance of 148 feet to a point in the center line of the Old Carlisle-Gettysburg public road; thence along the center line of Old Carlisle-Gettysburg public road, South 13 degrees West, a distance of 15 feet to a point, the place of BEGINNING. CONTAINING 15 feet in front along the centerline of the Old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width, a distance of 148 feet, in accordance with surveys made by F.S. Omer on August 17, 1944 and April 18, 1945. Tract No. 3: BEGINNING at a common point of lands of Raymond L. Rickroade and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot No. 1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin, the place of BEGINNING. CONTAINING 0.142 acres and being Lot No. 11 on a plan prepared by EXHIBIT "l" Eugene A. Hockensmith, R.S., dated February 5, 1998 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 55, Page 16. BEING the same premises which Mary K. Caldarelli, single person by her Deed dated June 27, 2008, and recorded July 2, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Instrument No. 200822499, granted and conveyed unto Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer. 10. The present owners of the real estate subject to the mortgage are Defendants, Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer. 11. Said mortgage is in default because the payments of principal and interest, which have become due and payable on November 1, 2011, and on the 1 st 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. 12. By reason of the aforesaid default, the following amounts are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal $85,297.49 (b) Interest from 10/02/11 to 02/28/12 $ 1,980.16 (Plus $13.55 per diem thereafter) (c) Late charges to 02/28/12 $ 103.16 (Plus $25.79 per month thereafter) (d) Other fees $ 324.83 (e) Attorney's fees (estimated through completion of foreclosure, at a rate of $210.00 per hour) 3,500.00 TOTAL $879705.64 13. 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. EXHIBIT "I" 14. The Notice of Intention to Foreclose Mortgage pursuant to Act 6 of 1974 (41 P.S. §403 have been sent to Defendants by first-class mail, postage prepaid, and by certified mail, return receipt requested. Copies of the Notice of Intention to Foreclose Mortgage sent to Defendants are attached hereto and marked as Exhibits "C - E". Said Notices are incorporated herein by reference. The Notices sent by certified mail were returned by the United States Postal Service marked "unable to forward". The certified mail envelopes addressed to the Defendants are attached hereto and marked Exhibits "F & G". Said envelopes are incorporated herein by reference. The Notices sent by regular mail were also returned by the United States Postal Service marked "unable to forward" and are attached hereto and marked Exhibits "H & I". Said envelopes are incorporated herein by reference. The U.S. Postal Service Track and Confirm pages from the mailing of said Notices to Defendants are attached hereto, and marked as Exhibits "J - N". Said pages are incorporated herein by reference. 15. The thirty day cure period provided by said Notice of Intention to Foreclose Mortgage has expired. Defendants have failed to cure the aforesaid default. WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the sum of $87,705.64, plus interest from February 29, 2012, at a per diem of $13.55, additional EXHIBIT "1" 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: r- =el Richard E. Thrasher, Esq. Attorney ID# 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 EXHIBIT "1" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, VS. Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, No. 12- Civil Term Plaintiff, Defendants. 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, 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 unworn falsification to authorities. Dated: Iva rch S do "Susan M. Saylor Assistant Vice P. ACNB Bank Risk Officer EXHIBIT "I" f?V -9V After Recordhrp Rattan To: ADAMS COUNTY NATIONAL BANK PAX BOX 3129 29171MZM PA 17329 LOAN No» tM?•?...Tan.uwr+.ra.wM.srhry ND T .=A ,F. Words used is multiple sections of this docu and we defined below ad other words are de lined in Sections 3, 11, 13, 18, 20 and 21. Cefldn rubs regarding the unr of wads used in this doaaneat are also provided in Section 16. (A). "Seewlty isdrm mW ntma this docunnmt, which b dated JUNG 27,2M with all Riders to this doctmnenL (B) "Bort'~is BRIAN D DEMEWMR AND C WUSSY L DEMEESTER AND JAMES W PXATAERER Borrower is the mortMW under this So=* inn= nmL (C) "Lmder"ia ADAMS COUNTY NATIONAL BANK Louder is a CORPORATION organized and misdag under the kws of TAE COMMONWEALTH OF PENNSYLVANIA Lender's address b 675 OLD HARRISBURG ROAD GW*vbw& PA 17325 Leader b the mmtpgee wider this Security Inmunc nt. . (D) "Note"means the promdaamy note signed by Borrower and deed The Note Stara that Borrower owes Leader JUNE 27.2006 EIGMT-ZIGHT THOUSAND FOUR HUNDRED AND SMOG Dollars (U.S. $ 860N.99 ) pin 1, 1, eat, Borrower has promised to pay this debt in Periodic PWmmts and to pay the debt to fldl not imr than JULY 1, 2038 !der ( yPsoperty. means the property that is described below under rho beading "' Wmdbr of Rights in due (I) "Lours" means dw dek evidenced by the Note, plus lawast, my poepayrnert charges' and late dtergea due under dw Note, and all on= duo order this so=* lnstrunart, pica hor=L. PrataaM ?-? k FW* . LMWPftu LR A[ AMN uor P+p.1 of 14 hNla EXHIBIT "An Page I of 20 EXHIBIT ? 4, . (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The fbikbwh* Riders we to be emcuted by Borrower [chaff box as applicabk]: Adjustable- Rate Rider P Condominium Rider - O Second Hoare Rider Balloon Rider Planned Unit DeMdopment Rider o 14 Family Rider B)weahly Paymna Rider VA. Rider Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and load statutes, regulations, ordinance and administrative ales and orders (that have the offal of law) as well as all applicable final, rwn-appadable judicial opinions. (II "Caaeeaaity AssochMin DoM Fees, and Ass mroeats" ntaana all dues, foes, assaermertts and other charges that are imposed on Borower or the Property by a condominium association, homeowners association orsimihvorganiadon. (.n Mectroaie Nmds Transfer" means any transfef of finds, other than a transaction originated by Check, drag, or similar paper Instrumenk which is Initiated through an dect once terminal, telephonic Instrument, computer, or magnetic tape so as to order. Instruct. or authorize a financiel institution to debit or credit an acoounL Such tern includes, but is not limited to, point-of-sale transfers, automated teller machine Mmsections, transfers initiated by telephon% wire transfers, and automated clearh gbouse transfers. (I) "Escrew Rees" maw time Items that are described In Section 3. (L) "Mbeellaseem Proceeds" means any compensation, sattlement, award of damages, or proceeds paid by any third panty (other than insurance proceeds paid under the cDverago described in Section 5) for: (1) damage to, or destrmncxion of, the Property; (1I) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or ornissions as to, the vahae and/or condition of the Property. . (IM "Mortpage Insurance" means insurance protecting Lender against the nonpayment or, or default on, the Loan. (N) "Periodle Paymeet" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (f) any amounts under Section 3 of this Security Instrument. (O) "RESPA" mean the Real Estate Settlement Procedures Act (12 U.S.C. 82601 et seq.) and its implamea mg regulation, Regulation X (24 CFR Part 35001 as they might be amended 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" ref s; to all requirements and restrictions that are imposed in regard to a Yedaadly related mortgage loon" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (i') "Saocessor In Intent of Borrower" means any party that has taken title to the Property, whether or riot that party has assumed Bonvwces obligations under the Note and/or this Security Insbunent. PBOMLVAMA - Skole FamRy LawRom oIre. trod) ON 36da LRN1DpA3= Let Popp 2 of 14 "Nels: EXHIBIT "A" Page 2 of 20 EXHIBIT "!" TR MER OF R MM IN THE PROPERTY This Security Iratrmeremt secures to Lander. (i) the repayment of the Loan, and all notwals, artemdons and modiftWoos of tie Note; and (10 the perfomuanoe of Borrowe's covenants ad agreements tunda this Saxurity laatrument and the Notes For this purpose. Borrower does heraby mortgage, grant and convey to Larder the I wing described property located In the Camty of CUMSSRK AND lr$WdR... d 1,1 NPAR R1wdR?- dkq Mlbelo? DICKINSON TOWNSHIP which currently has the address of 379 OLD STATE ROAD WON! GARDNIERS , Pennsylvania 17324 ("Property Address").- tc+bl RM+rAeN TOOE HER WITH all the improvenents now or hereafter erected on the property, and all easemeNs, appurtenances, and fixtures now or baeatter a pat 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 BORROWER COVENANTS that Borrower Is Iawibity seised of the estate hereby cemeyed and has the right to mortgage, gnat and convey the Property and that the Property Is wnercu mbemd, except for ancurnbr aroes of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any enmmrbrarces of record. THIS SECURITY INSTRMA NT combines uniform cwverwMa for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Ptalrf nVANA - Sing* FWWV LwrFann Ua PM ""M iF)sADAXM bbl Pop 3 of 14 In1Usw. EXHIBIT "A" Page 3 of 20 EXHIBIT "I" UNFORM . Borrower and Lender cove inn and agree as Ibilaws; 1. taymat of Priueipal, Internet, l serow limns, Mpaynow Charles, and Late ChwV L Borrower shall pay when due the principal of. and lateral one6 the debt evidenced by the Nola and say prepsysa s danger sad bite charges due under the Note. Borrower shall also pay bads for Eurow Items pan sal to Section 3. Payments due under the Note and this Security Immanent shall be made In U.S. otemry. However, if any check or other hnstruaeot received by Leander as payment under the Note or this Security Iralrumeat is returned to Later uapald, Lender may require that ear. or all subsequent paynneate due under the Note ad die Security Instrument be made in one or more of the following ft=6 as selected by Lender: (a) carp (b) money order; (o) certified clack, bank checdk, tramwerls dock or cabin's check, provided say such check is draws upon as institution whose deposits are insured by a faieral agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments arc darned received by Lender when received at the location designated in *a Note: or at such other location as may be designated by Leader in aocordam with the notice provisions in Section IS. Candor may rehrn any papnneat or partial payment if the payment or partial payments are insuiliciant to bring the Loan currat Lender my accept any ?t or ? ?? Insufflcicat to bring the Low errant, any tf prejudice to its rights to refine such payment or partial pyme is in the future. but Later is not obligated to apply such payments at the time such payments are accepted. if each Periodic Paymmt is applied as of its scheduled due daft then Leader need not pay lateral on u applied funds. Lewder may hold such unapplied finds mail Borrower makes payment to bring the Loan currant. If Borrower does not do. so within a ressonable period of time, Lender shall eldw apply soda ftads or return there to Borrower. If not applied earlier, such finds will be applied to the ontstmding principal balance under the Note inwrnedlateipr prior to foreclosure. No ofrm or claim which Borrower might have now or In the tbtum against Lender shall relieve Borrower ftom making payments due under the Now end this Security Insttvne nt or pa teeming the covenants and agreements segued by this Security Itauunaat. 2. Application of Payaaests or Prooee ds. Except ra otberwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order ofpricelly: (a) taxes and insurance due under Sections 4 and S; (b) interest due under the Note; (c) late cherges; (d) coats of odbot ons; (e) aatounts due under Section 3; (t) principal due under the Note Such pay cents shall be applied to each Periodic Payment in the order in which it became due: Any remaining amounts shall be spelled fist to hue charges, second to any other accounts tender this Security Instroment, and then to reduce the principal bahmce of the Note. If Leader receives a payment from Borrower for it delinquent Periodic Payment whiab includes a suf5clent amount to pay nay late oharge due, due payment may be al led to the delinquent payment and the hue charge. If more than one Periodic Psydrent Is outstanding, Lender may apply any payment received frrom Borrower to the repayment of the Periodic Payments If, and to the extant that, each payment can be paid in fall. To the extant that any excess exists after the payment is applied to the till payment of ore or more Periodic Payments. such emu may be applied to any late charges due. Voluntary prepapments shall be applied first to any prepayment charges and then as described in the Note. Any application of psynmen% insuraaw proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for Zw ow Itaaas. Borrower shall pay to Leander on the day Periodic Payments are due under the Note, until the Note Is paid in MI, a sum (the 'Funds') to provide for payment of amounts due fbr. (a) taxes and assessments and other itesns which can attain priority over this Security Instrument as a Ilea or encumbrance on the Property; (b) leaseinold payments or ground rants on the Property, if my; (c) premiums for any and all inauanee required by Lender under Section S; mad (d) Mortgage Insurance premiums, if any, or any sums payd*. by Borrower to Lender in Ifeu of the prinum of Mortgage lnsuraroe premiums in accordance with the provisions of Section 10. These items we calked 'Escrow Maas." At origination or at any time during the term of the Loan, Leander may require that Community Association Dues, Fees, ad Assessments, if cry, be escrowed by Borrower, and such dues, fees and assessments shall be an Fxww item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower PM*WtLVAWA - Skala Fanny e.wr Fame etc p" 4 cFr snoA3039 f or Pop 4 of U keAials: UO f r EXHIBIT "A" Page 4 of 20 EXHIBIT "I" shall ply Leader the Funds for Escrow Items unless [.alder waives Bur ~s obligation to pay Ile Funds for nay or all Escrow Items. Leader may waive Borroww's obifgadoa to pay to Lender Ruud: Ibr nay or all Escrow [tans at May time. Any such waiver may only be in writing. In due evert of such waiver, Borrower shall pay directly. when and where payable. the Maaornts due for any Escrow items 16r whici payment of Funds has been waived by Lender sr4 if Lander requires, shall fimnish to Larder receipts evldsm irg such POWSMA oft ift such 111110 Denied as Larder may require, Borrowels obligation to make such paymets ad to Provide receipts :ball for all purposes be deemed re be a cavem of and agora unt contained in this Seearlty Instrument, as the phrase •ooverum and agreemeor is used in Section 9. If Borrower Is obligated to pay Escrow Item directly. Pursuant to a waiver, and Borrower fib to pry the Mmoant doe Jbr aA Escrow [ten. Lender may exercise its rights wader 3ocdon 9 and pay such mount and Borrower shall than be obiiystod under Section 9 to repair to Leader any such amouaL Lender may revoke the waiver as to any or an Escrow Items at,NW time by a notices given in aooorderroe with Section 13 srK upon such revocMticq Borrower shall pay to Lander all Funds, and in such mounts, flit are than required under this Section 3. L ors may, any thee. coRm and hold Funds in Mn amohmt (a) n0clent to pm* Lander to apply the Fun under RESPA. Leader shat eatimnio due amount o Funds due on the beds of over t dale and reasonable estimates of w adheres of ilam Escrow items or otherwise in accordanm with App[kable Law. The Fords shalt be belt in an institution whom deposits are baured by a federal agency. . a entity (iaCludiag Leader, If Laxler Is an institution whose deposits are so insured) or In any F? Loan Batrk. Lender shall apply the Funds to pay the Escrow Items no late than the time spe filled under RESPA. I,emder droll not charge Borrower for holding and applying the Furl ft annaWly uwlyahhg tine escrow mmO14 or verifying the Escrow items, unless Larder pays Borrower interest on the Fund and Applicabk Law Permits Lads to make sacb a charge. Unless an agrce meet is merle In writing or Applicable Law regnlies hhhrest to be paid on the Funds, Lender shah not be required to pay Borrower any interest or earnings on the Fred:. Borrower and Lender can agra in writing. boweva, that interest shall be paid on the Funds. Lender :hell give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If time is a surplus of Funds beld in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fiends In accordance with RESPA. If there is a shortage of Funds bold In escrow, as def[tted under RESPA. Lender shadl notify Borrower as requlnd by RESPA, and Borrower shall pry to Ladet the amount necessary to make up the sbortW in accordance with RESPA, but in no more then 12 morehly payments. If time Is a deficiency of Funds beta in escrow. as donned under RESPA. Lender SW aotiiy Borrower as requited by RESPA, and Borrower shall pay to Lender the am=* necessary io make up the deficiency in Wcodatnee with RESPA, but is no more than 12 moaWy payment. Upon Payment In IWI of all sums :emend by this Security lnstnanat, Larder shall promptly renal to Borrower nay Funds held by Lauder. 4. Ciarvn Liras. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property wikh can &#do priority over this Sam* Instrmne t, leasehold payments or ground rants on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extort that these items are Escrow Items, Borrower shall pay there in the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner aooepaWe to Lands but only so Wag as Borrower Is performing such agreement, (b) contests the lien in good AM by, or dafaxis ngaiast enf ccame nt of the Ilea in. legal proceedings which in Lendoes opinion operate to prevent the enforcement of the lien while those proceedings we pending. but only until such proceedings arc conchded; or (c) soahres f}om tie holder'of the lien an agreement satisfactory to Lender suboru8nadng the lien to this Security IretrwneaL If Lender deter nhKS that army part of the Property is sub)ect to a lien which can attoln priority over this Security lastrament, Lender may [five Borrower a notice identifying the Hen. Within 10 days of the date on which that notice is given, Bonower shall satisfy the lien or take-one or more of the PENWILVANA - SYpta FW* Late Fame fine. pM 44&MM LFI RAD 3MQ V'm Pipe M or 14 Weals: U yam-' EXHIBIT "A" Page 5 of 20 EXHIBIT "I,, actions set lbrth above in this Section 4. Larder BW the Borrower to pay a one-time charge for a real estate tax verifitation and/or repotting service used by Lender In connection with this Lan. S. Properly hasuraace. Borrower shall beep the impr vattents now citing or horeafler erected on the PropartY Insured against loos by firs, heard: included within the tam "extended covere®s," and my other hazards Including, but not limited to. earthquakes and floods, 1br whkb Leader requires hemance, This Insurance shall be maintained In the mounts (Including deductible levels) and fbr the periods that Lender requites. What Lauder requhes puursonat to tea preceding notences can change during the tans of the Lomt. The Insurance carrier providing the inmtranca soil be gdxmm by Borrower subject to Lender's right to disapprove Borrower't choice, which right shall not be ex, died axeasonably. Lender mW require Borrower to pay. In connection with this Loan, either: (a) a one-time charge for flood zone determinatIM eertlipt3ou OW t201ting serviced or (b) a onatme charge for flood mere determination and ondflcatios aervicas and subsequent or catifloado time Borrower doll d similar chartges ogx t which regnoruably rd Imposed such responsible fbr the paryrnert of awry fees lnupoBed sed by qua Federal Enagency Mangemett Agency in connection with the review of any flood mar deternbution rear d ft fern an objection by Borrower. If Borrower thils to maintain any of the oovasges described above, Larder malt' obtain tasrnew covaW at Leader's option and Bormwe's mpgnse, Lanier Is under no obligation to purchase my particular " or amount of Coverage. TorefCre, such oovarege shall cover Lander, but Wright or might not protect Borrower, Borrower's equity In the Properly, or the of the Property, against my risk, heard or liability and might provide Beater or lesser coverage that was previously in drect. Borrower acknowledges that the cost of the Inswmnce Coverage so obtained might significantly exceed the cost of Insurance tart Borrower could have obtained. Any amounts disbursed by lender under this Section S shall become additional debt of Borrower second by this Soma* Instrument. Then mounts, shall bear interest at the Now rate from the date of disbursement and shall be payable. with such interest, upon notice from Lender to Borrower requua ing payment. All insurance policies required by Lender and renewals of such policies shall be subject to Leader's right to disapprove such polkles, shall Include a standard mortgage clause. and shall now Leader as rnortyagat anftr a an additional loss payees Lender shall have the right to hold the policies and renewal oetiflf al If Later requirm Borrower shall promptly give to Leader all receipts of paid premiums and ranewN notices. If Borrower obtain any form of. ins rmroe coverage, not otherwise required by Lerdw, fbr damage to, or destruction oC the Property, suet policy shall include a standard mortgage clause and shall mane Lender as mortgagee and/or as an additional loss psyce. In the evert of loss, Borrower doll give prompt notice to the insurance carrier and Lander. Leader may mdse proof of loss if not made promptly by Borrower. Unless Lander and Borrower otherwise agree in writing, my inn ranice prooeCCim whether or not the underlying insunnco was required by Lender, shall be applied to restoration or repahir of the Property, If the restoration or repair is economically ale and Le dhol sucks insurance security Is not lessened. During such repair and restoration period, Leader shall have the right to proceeds until Larder has had an opportunity to Inspect such property to mum the work has ban completed to Lendees wMdbcda% provided tut such inspection soli be undertaken promptly. Lender may disburse procceds lor the repsirs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is nude in writing or Applicable Law requires Interest to be paid on such Insurance proceeds. Lender shall not be required td pay Borrower my Interest or earnings on such proceeds. Fees for public adjusters, or other third partim retained by Borrower shall not be paid out of the insurance proceeds and than be the soie obligation of Borrower. If the restoration or repair Is not economically feasible or Laedw'a security would be lessaw4 the irmi ance proccah; tall be applied to the sums secured by this Security Instrument, warmer or not tun due, with the excess„ if any, paid to Borrower. Such insurance proceeds shell be applied In the order provided for in Section 2. If Borrower abandons the Property. Lender may file, nepttate and settle any available insurance claim and POPISYLVANIA • SkV1e FW* Lana Forms km OR 1163666 LR OODAIM M Pare s of 14 hdasb: EXHIBIT "A" Page 6 of 20 EXHIBIT "I" related matters. If Borrow does not respond within 30 days to a notice lien Leader that the Insurance currier has ofkvd to settle a claim, then Lender may ngpdote and settle the claim. The 3044 period will begin who the notice is given. In either sent, or if Lender acquires the Property • under Section 22 or not otherwisk exceed the imouy ?? to Leader (a) Bonower's rights to arty Insurance proceeds k as am" unpaid ender the Note or this Socurby Iwtranma. and (b) any other of Borrower's rights (other dam the right to any miland of unearned preralams paid by Bormarer) under all insurance polides covering On Property. buoihr as suds rights we applicable b the ooverage of the Property. Larder ntq on the dassranee proceeds either to repot or restora the Property or to pry sahounis mgWd under the Note or this Security Instrument, wltelher or not that due. S. Ooapusey. Borrower shall occupy. establish4 and use the Property as Borower's priadpo reskime within 60 days agar the execution of this Secarrity hoko went ad shall coatiime to occupy the Property as Bon wWs principal raddeace for at least am year arm the dabs of occupancy, unless Leader otherwise agroes in wridng, which consent dull not be unreasonalAy wkhhdd. or unless ammadng droonatonce; exist which are beyond Borrower's eomwL 7 Prsserva*n, MaInk area and hotectfon of dw Property; hopaeffo L Borrower shill not destroy, damp or hnpdr the Property, allow the Property to deteriorate or conurdo waste on the Property. Whether or not Borrower is residing in the Property. Borrower stall maintain tiro Property In ardor to prevent the Property *am deterioating or do reasbhg In value due to its condition. Unless It is determined pursuant to Section S that repair or restoration Is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid Audher deterioration or dwmge. if Insurance or corAmnation proceeds we pod in connection with domtage to, or tie taking of, the Property, Bonrowa shall be responsible ibr repairing or testa ft the Property only If Leader has roe me proceeds fbr such purposes. Lida may disburser proceeds for the repairs and ratoradon In a single payment or In a sales of progress poymertts as the work Is completed. If die insurance at omdmmation proceeds are ant sudiidet to repair or restore the Property, Bormwa is not rdirad of Borrower's oWiption for the completion of such repir or rem s i on. Leader or its apat may make nummoble entries upcaa and inspections of the Property. If it has rescuable cmum Leader may iwpect the interior of the improvements on the Property. Lender shall give Borrower notica nt the time ofor prior to such an interior lnhs;amin spoeifft such reasonable cruse. L Borrower's Loam Appaatim Borrows shall be in default if, during the Loan application process. Borrower or any persons or mocks awing at the direction of Borrower or with Borrower's knowledge or consent gave materially Elias, misleadin& or inaccurate information or statexneats to Leader (or tilled to provide Leader with material inAmnstdon) In connection with the Loan. Material represeaurtiaas indW% but are mot limited to, ropmee ntatioas concerning Borrowers occupancy of the Property as Borrowers prbadpd residence. 9 Prstextiou of Landers Interest In the Property and Rights Under this Sea rrlty IrgtrranuL If (a) Bon war dills m perform the covamas and a+gmanents contained in this Security Inmu ment. (b) 6m is a 190 Proceeding that might dgnific only affect Lenders Interest in the Property and/or rights under this Security )nstrwnot (such as a proceeding in bankruptcy, probste, for eondernnatiom or 16rlbfore, for enfocerne nt of a idea which may attain priority over this Saxnrity IosMMMd or to enfartae laws or r%Wadons), or (c) Borrower has abandoned the Property. than Lends may do and pay for whatever is reasonable or appropriate to protect Leaders bhtereert In the Property and rights under this Security hatrumat. Including protathig and/or nwni hg the value of the Property, and seanring and/or repai ft the Property. Lenders actions can badudq but we not baited to: (a)-prying any sums secured by a lien which has priority over this Security Imstrmrherat; (b) Wpeadag in overt; and (c) paying reasonable storeys fees to protaaot its interest in the Property and/or rights order this Scarify hnstrnnar. Including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, ante ft the Property to nuke sprain. change locks. replace or board up doors and windows, drain water from pipes, dbnbate building or other code violations or dangerous conditions, and hays utilities turned on or off. Ahhougb Lender may take action under this Section 9, Leader does not have to do so and Is not under any duty or obligation to do so. it PE N4MVAMA -ft* I" Lnwfti ono csse?++basra LFI/ADA3W9 M Pspe T or 14 W08". /,[/?)•i7 B%I3IBIT "A" Page 7 of 20 DVQT?TT ?? 1.. Is Wood that Lender Incurs no liability fbr an taking any or all actions authorized andet this Section 9. Any mounts disbursed by I.ender under this Section 9 shell become additional debt of Borrower secured by thh' Security IamuneaL These amounts sbaii best interest at the Note eats fleas the data of di*wunx rt and shall be payable, with such Imerm% upon notice from Leader to Borrower satiating pcq m=L If this Security Instrument Is on a Imsehold, Borrower :belt comply with all the provisions of the lease; If Borrows acquires to title to the Property, the leesebu M and the he title WWI not merge unless Lender agrees to the mean in writlow, IL Mortgage insuganeL If Leader required MorWige Insurance as a condition of making the Lowe, Bwower shell prendarns required to uuinain the IMorop Inauaroe in eBbet. 14 for any mason, the coverage wqwirvd s ranee and Lauder cans to be a to oak???f? P P?'I1Y Pr'ovtded such insurance and Borrower was required b make deal blower that towwd the p aaiu a for Mortgage lusuwuoe„ Borrower shell pay the premium reg"hed to obbnin coverage substantially equivalent to the Mortgags Inswrsnoe previou* in egged, at a cost sulatu tislly egdvalaat to the by steal r :dazed cad to Lender. If suboalolly equivalent: Mortgage I>wa?o In e effect, Both an'aleernela mortgage i to pay to Lauder the anruoumt of the coverage Is not m'?Wa' Harrower abdl coatlNUe coaled to be In OWL Lander will ewe end retain d pWmems tx were due when the Insurance coverage ilea of yea' PaY? as a moo-refbndebk lose as serve in Mortgrtga Insarsom Such loss reserve shell be nM-ref mJ W% notwithaftaft the fact that the Lows is ultimately paid in MI, and Leader shell not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve porments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer relaxed by Lender again becomes avaihublo, is obtained, and Larder room se a vely designated payments byword the premiums for Martgaae Insurance. If Lander required Mortgage Insurance as a condition of making the Loren and Borrower was required to mare separately deignatod payments toward the premiuns for Mortgage Insurance, Borrower :hail Pay the premiuns required to msintain Mortgage Insurance in etTeM or to provide a non-refundable loss reserve, until Leader's requiraaent for Mortgage insurance ands in accordance with any written agreement between Borrower and Larder providing fir such termination or until termination is required by Applicable Low. Nothing in this Section 10 affects Borrowa's oW*don to pay interest at the rate prwMed in the Note: Mortgaaa Insurance reimburses Lender (or any eathy that purchases the Note) for certain losses it may incur if Borrower dos not repay the Loan as agreed. Borrower Is not a party to the Mortgage Iasursom Mortgage Insurers evaluate their total risk on all such iaaurarnce in force llom time to time, and may enter into agroanems with other parties that share or modify their risk, or reduce losses. These agrevenenls are on terms end conditions that we satisfactory to the mortgage usurer and do other party (or parties) to these agreements. These agroernea-4 may require the mortgage insurer to make pymeuts using my source of frauds theMitans *0 0:10141080, insurer may have available (which may Include funds obtained from Mortgage Insurance As a result of base agreements, Leader, any purchaser of the Note, another inaurn, any reiusurer, wry other entity. or any affiliate of any of the foregoing, my receive (directly or indheody) m ourts that derive from (or might be characterized as) a portion of Bormrwe's payments ft Mortgage lnsurancce in vwhmp for sharing or modifying the mortgage imsmer's risk, or reducing losses. If such agreenent provides that an atfilime of Lender takes ashore of the bearers risk in cxchaage for a share of the pre alums paid to the insurer, the arrangement Is otters termed "captive reinsurance.' Further: (a) Amy each agreements will root affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any curer terms of the Loan. Such agreements will not fa?cmow, the smomrt Borrower will owe for Mortgage insurance, and they wM not endue Borrower to any robed. (h) Any each agents will act otFxt the ridNs Borrower has - if say - with respect to the Mortgage Iawarso a wader the Homeowners Protection Act of 19911 or any other law. These rlghb may include the right to receive certain dbdmmv4 to request and obtain canedintlon of the lie Insarsanee, to have the Mortgage losuranee Washaated autamatiasity, and/or to receive a mftrsd of awry PSUOYLVA1NA - SM& Fw* uwr Fans Mae. (coq 41 -V" Ln RADA30 a nor Ps" S or 14 kneiafr ?--7 EXHIBIT "A" Page 8 of 20 EXHIBIT "I" Morlpge Isatanhsoe ptemharns fiat wen rutearsed at the Nss of aarelt caseeMtfos K teraalsagsar. to and slafl? t of Mbcdkna u hvmgb., Pbrfkltrra. All Miscellaneous Proceeds are hereby lasigned paidto Lender. If the property is dua ged, such Miseadlaueous proceeds shall be oWled to restocatloo or repair of the Property, if the restoration or repair is euosomlcally Aauibie and Leadds :eerily is ant Iessened. During aueh ?r and restoration period, Larder shall have the right to hold wait Miscellsno or - Ptooeerls untl Lender has bad as opportga ty to inspect arch ftepaty to apace the work has been completed to Leader's UMs hctkW4 provided that such inspection shall be undwesim promptly. Letitia mnay pry for the repairs and resroration in a single disbtttsement or is a series of progress payments n the work is completed. Unless an agreemherd is toads is writing or Applicable Law nqu hu Interest to be paid on such Miscellaneous Proceeds. Leader :bail sot be required to pay Borrower my iataest or earnings on such blisculkneow Proceeds. If the restoration or mprdr is not economic* feasible or Leader's security would be lessened, the Mi"Imm he Proceeds shall be :periled to the sums secured by this Security Inon ment, whether or not than due, with the 9xceW if NW. Paid to Borrower. Such Miscellaneous Proceeds shall be applied W the order provided for in section z In the event of a total talking. destruction, or loss It value of the property, the Miscellaneous proceeds 511111 be applied to the am= secred by this Security Insummerut, whether or not then due, with the excess, if any. paid to Borrower. In the event of a partial taidng, destruction, or loss In vaher of the Property in which the fair market value of the Property immediaely before the partial takhhg, destruction, or loss in vaher is equal to or greater than the amount of the span sawed by this Security Instrument immediately betbre the partial taking, dowcdon, or bas In value, unless Borrower and La ndw otherwise agree in wrW ng, the sums secured by this Security instrument shall be reduced by the .mholnt of the Miscellaneous Proceeds multiplied by the following ifaction; (a) the total tanount of the sums secured iaruedlmtely beft the partial taking. destruction, or bas in value divided by (b) the thir market value of the Property immediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial tddn& destruction, or loss in value of the Property in which the fair market value of the Property immmedletely before the partial dieing, destruction, or loss in value is lea than the amount of the sums secured Immediately before the partial toldM destruction, or loan in value, unless Borrower and Lender otherwise agree in writing. the Miscellaneous Proceeds shall be applied to the sums seemed by this Security instrument whether or not the sums we therm due. If the Property Is abandoned by Borrower, or 14 after notice by Lender to Borrower that the Opposing party (a defined in the next sentence) offers to malm an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is gives, Lender is authorized to collet and apply the Miscellasem Proceeds either to restoration or repair of the Property or to the sums secured by this Security Inm m ent, whether or not then due. -Opposing Party- means the third parry 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 ddhuft if any action or proceeding, whether civil or criminal, is began that, in Lenders judgmerht, could result in forfeiture of the Property or other material Impairmaht of Lender's Interest in the Property or rights under this Security Instrument- Borrower can cure such a default and, if acceleration has occurr4 reinstate s provided in Section 19. by causing the action or proceeding to be dismissed with a ruling that, in Landers judgment. precludes for kk mre of the Property or other material impairahe at of LendWs Interest In the Property or rights under this Security InstrtunwmL The proceeds of any award or claim for damages that are attributable to the impairnermt of Landers Interest in the Property are hereby assigned and shall be paid to Lender. All M wellaneo s Proceeds that pre not applied to restoration or repair of the Property shall be applied in the order provided for to Section 2 M Borrower Not Released; Forbearance By Lander Not a Wsfvw. Bxte nsion of the time for Frime ht PEN SYLVAMA - Shphe Fang LawFoma b0. (veep we 3M LFIA#DA?3= Tau Paps a or 14 EXHIBIT "A" Page 9 of 20 EXHIBIT "1" or modification of anortindon of the :tans secured by this Security Instrument rammed by Lender to Bammer or cry Successor In Interest of Borrower shall not operate to release the Nabilhy of Borrower or any Saeeeasors in Interest of Borrower. Leader shall not be Snooaror in Interest of Borrower or to refwse to attend time for Ito or otherwise modjlY amortization of the sumps seaaad by this Security Inslrumad by reason of any dastard made by the original Borrower or any Stroeessocs b Interest of Borrower. Any forbearance by Lender in exercalng arty right or remedy lndudk% widaut linaltalon, Lender's accephom of payments ft a dhird persons. entities or Successors In lalerest of Borrower or In amoaats less than the waomit that titre, shall not be a waiver of or produce the emscim of any rightorranedy. 13. JOIN and 36verd Liability; Co-dpsrs; Salim and An*n Bead. Borrower covamft and Ogress that Bmawer's 011111Pdoos and liability shall be joint and several. However, cry Bonower who co-signs this Security Instrwoom but does not execute the Note (a 'co-signal'): (a) is co-signing this SWA* Iratr mmA only ro mortgage, grate and convey the co-signers interest In the Property under the terms of this Seemly Ina mOnt; (b) is not personally obligated to pay the atom seomred by this Security lmkm mk and (c) agrees that Leader and any other Borrower can agree to extend, modify. forbear or make cry Sao iodations with regard to the tsars of this Sec m* bmtone nt or the Note without the co-signer's Subject to the provisions of Section 18, any Successor in Interest of Borrower who as oom Bomwvves obligations under this Security Ingtrulnent in writing, and is approved by Lender, shall obtain all of Borrowers rights and benefits under this Security Insam =L Borrower shall not be reused tiom ?ow covenants liability under this Security Instruunent unless Lender ogres to such roleme in Mpmm 20) and benefit the successors gns of lend Smwity Immanent shall bind (except as provided M Sad= and 14. Loan Charges. Lender may charge Borrower fees for services pafornned In cmmWon with er. Borrowees defauh, for the Perpose of protecting Lender's Interest in the Property and rights under this why Irnstrmaere. Including, but not United to attorneys' fees, property inspection and valuation fees. In retard to OW other tem the absence of mcprea audrorhy in this Security Lnstrument to charge a specific he to Borrower shall not be construed ss a prohibition on the c wWng of such fee. Leader may not charge fees that are expressly Prop kW.by this Security Insh maeK or by Applicable Law If the Loan is subjecx to a law whicb sets maximum loan I gp4. sod dot Inv is findly Mkrpreted so that the interest or other loan charges collected or to be collected le connection with the Loser wood the permitted limits, then: (a) ray such loan .cbarge shall be reduced by the amount necessary to reduce the large to the Permitted limit: and (b) any amps aim* collected 9om Borrower which exceeded permitted limps will be refbnded to Borrower. Leader may choose to make this rcftmd by reducing the principal owed under the Note or by =Wug a direct payment to Borrower. If a rW nd rodeos principal, the reduction will be treated as a POrtiv Pnymae without any propsymmt dnage (whether or not a preMment carp Is provided fbr unuder the Note}. BonowWs acceptance of any such rdwrq made by direct payment to Borrower will constitute a waiver of say right of action Borrower might have arising out of such overc urge. 11 Netiees. All notices given by Borrower or lender in connection with this Security lnsamne t must be in writing. Any notice to Borrower in commotion with this Security Instrmnent shall be downed to have beat given to Borrower when mailed by first clew mail or when actually delivered to Borrowea's notice address if sent by other means. Notice to cry one Borrower 311011 constitute notice to all Bonorers unless Applicable Law expressly re ulnas otinerwls& nm notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lander. Borrower shall promptly notify Lender of Borovve s change of address. If Leader spedf es a procedure for reportihhg Borrowers cbmp of address, then Borrower shall only report a change of address through that specified procedure. l'bere nay be only one designated notice addnem under this Security h ommtae at cry one time. Any notice for lender shall be given by delivering it or by mailing it by first class mail to Le lees address stated herds unless Leader has designated another address by notice to Borrower.. Any notice In connection with this Security hnsu menu PEraMYLVAMA - W91e F" Lmtf v kr.(l%41&WW A / 1 .? LAawAUM U01 Pace to of U n ,r n EXHIBIT "A" Page 10 of 20 LXHIBIT "l" stall not be deemed to have base given to Lander until notedly mw ved by Leader. If aq notice 1011011/011 by this Secrity Instrument bale required under Applicable Law, tiro Applkebb Law requirement will Wl* the r n espoadkug raquiranmant uamder this Security Imatrumere. 11L Careraleg Lmrt SaverabOllyt Rules of Catstraellm This Security Instrument shall be governed by Weral law and the law of tin JwWk dm in which the Property is located. All riShts and obligations coomiaed In this Secuhy laslran,ert are subJda to any requhaneals and Ihniatioa of Applic" Law. Applicable Law might explicitly or ipprlidtly allow the parties to Was by n ne art or it might be shat, but such silence shall not be coratnhed as a peobibitioa agairat agreIp by contract. In the event that any provWam or on= of this Security Instrument or the Nola conflicts with Apphk *k Law, such Conflict shall ??a> ision ; of this Security Instrument or the Note which can be given eflbct without the As used in this Security instrument: (a) words of the masculine gender shall mere and Inch ude Corresponding neuter words or words of the fandniee gander; (b) words In rho singular shall mean and indmic the plural and vice rasa; and (c) the word •may" gives sob discretion without sty ,obligation to take arty action. 17. Ber+awees Coley. Borrower shall be Simons copy of the Note and of this Socrhy laatrmnet. IS. Tnadbr of the hiperty ore Be didd latest in Bornowes. As used in tbis Section 18, `Merest In the Property' means any k $W or beneficial interest In the Property, indnding, but not Ihaskod ta6 tboae benefidei Interests transferred in a bond for deed, conhnct far deed, installment sales ooptracx or escrow agreemerd. the intent of which is the transfer of title by Borrower at a fours dale to a puachmec If all or my part of the Property or any Interval In the Properly is sold or bomb. (or if Borrower is not a natural person and a bemffeW iraaest in Borrower Is sold or tnanslbrred) without Landes prior written R, HP Lander may require immedlate payment in full of all sums accused by this Security Instrument. However, this option shall not be exercised by Lender if such wwciw is prohibited by Applicable Law. If Leader exedras this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days fFom the does tin notice is given in accordance with Section Is within which Borrower must pay all suns secured by this Security Inst umem If Borrower fulls to pay these suns prior to the expiration of this period, Leader may invoke cry mosdks permitted by this Security instrument without flrtber notice or demand on Borrower. 19. Borrower's Right to Reinstate After Aaeelerdion. If Bwowver meets certain, conditions, Borrower shall have the right to have adfor ems nt of this Security Instrument discontinued at any time prior to the earliest of (a) live days before sale of the Property pursuant to any power of sale contained in this Security Instrumat; (b) such other period as Applicable Law might specify fur the termination of Borrower's right to reinstate; or (c) entry of a Judgment er homing this Security ln*t =L Those conditions me that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no aosalwalioo bed occurred; (b) wines any defbult of any other coven is or agreements; (e) pays all expanses incurred in enforciag this Security Instrument, inchhdtn& but not limited to, reasonable attomeye fees, property inspection and valuation fees, and other fees Ipanr. for the purpose of protecting Lenderls irsoerest in tin Property and rights under this Security Instrument; and (d) takes such action a Leader may remora e* require to mauve that Ladder's Interest In the Property end rights under this Sec rby Instrument. had Borrower's obligation to pay the suns secured by this Seem* instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatenwat sums and experaes in one or more of the_foilowing forum, as selected by Leader: (a) cub; (b) money order; (e) rectified cheek, bank charts tram met's crock or cashier's check. provided any such chock Is dmhwa upon an inatidtion whose deposits are insued by a federal agency, isirmhernWity or entity; or (d) Electronic Funds Transfer. Upon raitsat, .1 by Borrower. this Security Instrument and obligations secured bereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the ease of aaxlersdon under Section IL aL Sate of Irate; Change of Lose Servicer; Notka of Grievance, The Note or a partial Interest In the Note (together with this Security Instsuuert) can be sold use or more times without prior notice to Borrower. PENNMVAMA • On* Fansl!? Law Fame US poq rya 1666 LFIIADA3W9 M Pape 11 or 14 InNOW EXHIBIT "A" Page 11 of 20 EXHIBIT "1" A sale might result in a cheap in the entity (kam m as the "taw Service') that collects Periodic Payments due waft the Note ad this Security Instrument and perfbans other mortgatp Iowa mWdng obtigations under the Nets, this Smerrby? lmtruma d. and Applicable Law. Thee also aright be one or more lunges of the Loam Swvkw umalded to a sale of the Nola. if them Is a drAp of the Loan Servim, Borrows will be given written notice of the eiunge which will state the name and address of the new Loan Sevlot, the address to which psymeuts should be made and wry odw Mr=dog RESPA tea)" to wmertioo with a notice of tray a tx of servicO& If the Note is sold and thermaRt the Loam is serviced by a Loan Servkt other tban the purulunst of the Note, the mortgage low saviciag obligations to Borrower will n, It with the Loan Savka or be trtaaibrel, to a successor Loan Serviot and are not waned try the 1,1e purchaser micas abermse provided by the Note purchase Neither Borrower nor Larder may cowm a nee, join, or be joined to any judicial action (as either an Individual lhigwt or the member of a class) that arises f den the other, party's actions pursuant to this Secarity lnstrtrrnet- or to allege that the other parry has F escheat wry provist oC or wry duty awed by now of, this Sewrhy Inslruumeot, until such Borrower or Lander has notified *a other party (with such notice given in eompilaaoe with the requiremaas of Section 15) of each alleged broach and afforded the other parry harm a reasonableperiod ante the giving of such notice to take corrective action. If Applicable Law p ovidos a tbne period which must elapse before catain action caw be taken, that time period will be deemed to be reasonable fbr purposes of ids paragraph. The notice of accession and oppertnniry to came gives to Borrower pursuant to Section 22 and the notice of acceleration Sivas to Borrower pursuant to Section 18 shell be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 2t1. . 21. Hxm dswm Subduaes. As used in this Section 21: (a) *Hazardous Substances' are those substances defined as toxic or hazardous substances, polha nA% or walla by Eaviromnentsi Law and the Wowing; substances: gsaoling kerosene, other flamm ehle or toxic petroleum products, toxic pesticides and herbicides , vohhle.solveuts, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Eaviroomaual Law" mmesus ltedaal Jews and laws of the jurbndicxion where the Property Isloaned that relaro to balth, safety or environmental protection; (c) 'Envimmnantd CI=W includes any response action, reme" action, or removal action, as defined in Environmental Law; and (d) an "Envirmnemtat Canditbn' means a condition that can case, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall riot cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances, or threaten to release any Hazardous Substuam on or in the Property. Bonrowa shalt not do, nor allow anyone else to do, anything affating the Property (a) that is in violation of army FAvirommootel Law, (b) which crates an Environmental Condition, or (c) which, due to the presanoe, use, or release of a Hazardous Substance, azates a condition that advasely Abets the value of the property. The preceding two sentences Ad) not apply to the preserorr, use, or storage on the Property of small quantitles of Hazardous Substances that m generally recognized to be appropriate to moroul residential no and to maintenance of the Property (including6 but not limited to. harardous substances in oonaah- products). Borrower shell promptly. give Lads written notice of (a) way bnvestigattion. dabs, danced, lawstdt or other action by arty governmental or regulatory agency or private party invdvbng the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condillom including but not limited to, any spUg ng, leaking, discharge, telease or threat of release of any Hmgdous Substance, and (c) any condition caused by the presence, use or reiana of a Hazardous Substance which adversely affats the value of the Property. If Borrower ka ms, or is ratified by arty govamneatsi or regulatory authority. or any private tarty, that wry removal or other ranediation of any Hazardous Substance affecting the Property is necamy. Borrower shalt promptly take all necessary remedial action in accordance with Environmental Law. Nothing herein shall dxmate any obligation on Lender for an Environmental Cleanup. PENIIMVANIA • Skgb Fema>r LMW Fa" bye. tenor 14&3M LRR# A3= IM PW12 or 14 knabb -f t EXHIBIT "A" Page 12 of 20 EXHIBIT "1" NON-UMPORM . Borrower and Lander fie dw covenant and agree as Mows: 22. Acednwtinn; Recedes. Leaider don give sotiee b Borrower prier to acceleration "owing Bm2 wWs breeds of any covesanrt or agreenumt in this, Seca ft h*" Mw (best sot pine, to aooeferadoa Under SKIM tg ..less Appiiearie Law prev edwrww} t ender swB daily BQ'rolrer 04 amnaeg once, MW (a) the ddml4 (b) ate action rwpbed to ewe tie deficit; (e) who tie debwk .ace, be awredi and (d) chat bkm b essre ire ddndt as godlled any rw& m aoodw&ftx qfdw a seerered by this Swwky Lutroment, hi cloewre by jwdMd preeeeift and sate of ire property. LA. der arslt tamer retina Borrower of the right to rewrite after accelerating nd the right to assert 111 the >hrodoeace Pr K the sow-exieteace or a debit er dry omw d&m of Berrewer to acoderntion asd lhredessa N the debit Is net erred as spedtkd, under at Its option easy regdne ba medbbe Pnyoeot IN 1811 of aB enu eechntid by this Seem* Gutrw m* without rhymer de sand said may brodone tbk Security hw&m nt by jmNcW prneftamg, Lender, del be asmatlb to eolket al expenses. Mewed Iw pw nbg'tips remedies proldded in Mile Sediew 22, bdndh% but net Belted toy stforny. fees and comb of tick erbtenee to mt extent pernmitted by Apptkabb Law. 23. Rdeaae. upon payment ofall rums secured by this Security Instttanart this security Insh went and the estate Conveyed swill terminate sad become void. After such ocaarenoe. Lander shall discharge and satisfy this Security Imaument. Borrower shall pey my recordation costs. Lander msy charge Borrower a the for releaslwg this Security instrument but only if the fee is paid to a third pemty for services rendered and the cdnmuging of the fee Is permitted under Applicable Law. 24. WaI'vers. Borrower, to the anent permitted by Applicable Law, waives end relestes eery error or defects in proceedings to enforce this So=* Instrrment and bma* waives the benefit of any preset or fbtrue laws providing for stay of execution, extension of time, QXpni t ftom atte timent, levy and ask and homestead exemption. 2S. Rehsstateaew h dord Borrower's time to reinstate provided in Section 19 shall waamd to one hour prior to the commencement of bidding at a sheriffs sale or other ask purmuamt to this security dnstrunamt. 26. Nerd ass Mowry Mortgage. If any of the debt secured by this Sec wity lestneaamt b lent to Bommer to aaryira title to the Property, this Sexmrity Inet wwW shell be s purchase moray mortgage. 27. inteeest Rate After aadg m=L Borrower agrees thgt the interest rate payable after a judgnman is entered- oft the Note or in an action of mortgage fOre:lo nre shall be the rate payable ftom time to time ender the Note. PEWORYLVAIaA • Skmpme Famay L=Wft. Mc.mew401.3 e M aDAWN um Pee 13 0114 Moss: EXHIBIT "A" Page.13 of 20 EXHIBIT ?? h •? BY SIGNING BELOW, Borrows accepts and agrees to the tans and covenams coaWned In dds.Sec city lnsMw mtt and is my Rider awcuted by Borrower and recorded witb lL Witnesses: `•BRT-N D DEMBL?STER , Nv.e.9wwllwUwFwAd0fthd p,.q .(W emow.r Calilkate R within-'is -675 O HA do hereby certify that the correct address of the RRlSgURG ROAD, Gettysburg, PA 17325 Witness my hand this 4?n4a day of V "' j, , 20 O Q' 3 COMMONWEAL" OF PENNSYLVANIA, M RLAND - C?• On this. the al? day of , 20o g .beg mo't'' the wtdasignod otboa, pasonany appeared BRIAN D DBM$ESTER AND CHRISSY L DEMBRSTER AND JAMES W FF.ATHERER known to me (or satishdoriiy proven) to be the person whose note(s) is/are subscribed to the within inset nm and acknow 04W that 'he/dWthey examted the Same for the purposes h-d- contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. My Commission expires: FEATHERER -?dobytds¢ PONOWLVAMA - ShP Fw* Low Fanm Im. Wo 446M LR WDAXU 1.01 P&P 14 of 14 •?- ,ila?, l?tclr ??R Ngao,o ,n ion l3oY? .a. M. a Pam Cl?rm???"pou? t?IsnOet d (W •am mw A w -amowm EXHIBIT "A" Page 14 of 20 EXHIBIT "I" FDXEWADJUSTABLE RATE RIDER (010-YsrTru ary IMei . Rme tom) LOAN NO. THIS FIMMADIUMBLE RATE RIDER Is made this 27TH day of JUNE, 2M , and is incorporated into and aha11 be dexaled to amend sod supplement the Mortgage, Deed of Trust or Sealrity Deed (the 'Secalrlty Instrument") of the same date given by the undersigned (tba "Borrow") to seem Borrower's Fixed/Adjum" Rate Note (the *Note') to ADAMS COUNTY NATIONAL BANK, CORPORMION (the "Leaderl of the same due and covering the property dauribed n the Security Latramem and located at: 378 OLD STATE ROAD GARDNERS, PA 17324 lrr Vmy Addm=l 7M NOTE PROVIDES FOR A CHANGE IN BORROWigR'S IUD A fEREST RATE TO AN ADJUSTABLE 31N1IMM RATE. THE N077t IIMM TRZ AMOUNT BORRDWBR'S AD,AISTABLS VaRREgr RATE CAN CHANGE AT ANY ONE =11Z AND THE MAXIMUM RATS WSR MUST PAY. ADDMONAL COVENANTS. In addition to the covenants and sgrements made In the Security Instrument, Borrower and Lender further covenant and agree: as follows: A. ADJ(JSTABLE RATE AND MON77ILY FAYNM CHANGES The Note provides for sm IWtW fixed interest rate of 6.750 %. The Note also pwvidea for a dmp in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJWrABM MEN= RATE AND MONTHLY PAYM +L1a CHANGES (A) Cbaaga Dow The initial fixed interest rate I will pay will dm p to an uVastabh interest rate on the first day of JULY . 2015 , and the adjustable interest rate I will pay may dmp on that dqy every 12th meluth theaodter. The date on which my Initial fixed interest rate dwgp to an adjsmMe lrMereat rate, and each (BdT6on which e larks my adjustable Interest rate could dwaM is called a 'Chauge Date.' Bgftdng with the first Change Date, my adjustable Interest rate will be based on an Index. The "Iudar' Is the weeidy average yield on United States Tresselty securities adjusted to a c oustaet uWarlty of oae yew, as made available by the Federal Reserve Board. The most nano 1W= figure available as of the date 45 days bdora each Change Date is called the 'Current Index.' If the Index is no longer available, the Note Holder will cboose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. MULTMATB FEM WAMWAKS RATS RIDER-ONE YKAR TREARMY-Single Famay-naaw mm t)NINKOM DW RIVAM PNMA3182 (12100) Prue 1 or3 FORM 31821/01 IT "A" Page '15-6f 20 . EXHIBIT "1" (C) Cdcomots orCa asges Before each Cheap Date, the Note Holder will calarlue my now interest nine by adding TWO AND THREE QUARTEM P, r P-16A Points ( LYS@ i) to the Qsrent Index. The Note Hodder will then round the result of this addition to the aeaees 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 Iatetist rate until the next Cheap Date. The Nate Holder wig that ddermise the amount of the nomthly payment that would be saff dcd to repay the uWWd principal that 1 an wgxded to we at the Cheap Date In full on the Messily Date at my new interest rate in sobs anlially equal payments. The result of this catlculadu will be the new amount of say monthly payment. (D) jjmft art heave Role Chomps The interest We I am required to pay at the brat Cheap Date will not be &am than 7.750 96 or less than 5.75096. Thereafter. my n0otable foam tale will never be imcaesscd of decreased on any single Change Dale by more dm two P01000 age points (2.0%) from the rate of role I have been paying for the Mending 12 months. My interest rate will never be greater than 11.750%. (8) 11tlbctive Date or Changes My new interest rate will become dhcdve on each Change Date. I will pay . the amount of my new monthly Payer beginning on the first monthly payment date after the Change Date until the amount of my MOW Payer deeps again, (inNotion of Changes The Note Holder Will deliver or sail to me a notice of guy gaga in my initial fired interest rate to an adjustable interest rate and of any ebanges in my adjustable interest rate before the effective date of any change. The notice will Include the amount of my monthly payment. sty Idbn nation requited by law to be giver to ere and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSna OFT= PROP1S1 W OR A BENEFICIAL OTI SRFST IN BORROWER 1. Until Borrower's initial fixed interest rue chrrogm to as adjustable interrat rue ender the terms stated in Section A above, Unifom Covenant 18 of the Security Instrument shall read as follows: Tnudbr of the property or a Bmdk al I *nd In Boarowwr. As used is ibis Section 18, "Interest in cite Property" means any legal or beneficial Interest in the Property, hxb&ng, but not limited to, those beaeliciat interests trams in a bond for deed, contract for deed, installment sales contract or acxow agreement, the Intent of which is the truuder of title by Borrower at a flare due to a purclaser. If all or any part of the Property or any Interest In the Property is sold or tfao*ned (or If Borrower is not a annual persou and a beneficial interest in Borrower is sold or transferred) without LarAer's prior written conaant, herder may respire Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by herder if such exercise is pmWbkW by Applicable Law. if Iratder exerdses this opdM Lender shall give Borrower notice of weelaution. The notice shall provide a period of not leas than 30 days from the date the notice In given in accordance with Section 25 within which Borrower must pay all sutras secured by this Security Instrument. If Borrower fails to pay these auras prior to the expiration of this period, Lender any invoke any remedies permitted by this Security instrument without fartber notice or demand on Borrower. 2. When Borrower's Initial ftW Inteiva rate changes to an adjustable interest rate under the leans stated In Section A above, Uniform Covenant 18 of the Security Instntmew described In Section B1 above shall then owe to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: T ransibur of the Property or a Beaefidal heave In BOBBIE!. As used in this Section 18, 'Interest in the Property" mans any. legal or beneficial interest in the Property, including, but not limited to, tboae beaeficial interests transferred in a bond for decd, contract for deed, instalment sales contact or escrow agreement, the intent of which is the tratufer of title by Borrower at a future date to a purchaser. MOUSTATE FDSWADJUSTAR S RATS Rr M4M YEAR TREASURYSinak Fww4, LdeMee uNwovm vaTRAAMNr FNMA3182 (12/00) Pqe 2 of 3 FORM 31821/01 EXHIBIT "A" Page 16 of 20 .EXHIBIT "I" If all or any part of the Property or any Interest in the Property is sold or tranferred (or N Borrower is sot a natural person and a bendkad ink eat in Borrower is sold or transferred) within I.atder-a prior written eoasoat, Lender may require immediate payment in NU of all sums secured by this Security Inatrmneu. However, thin option shall not be a melsed by Lender u such wadse is prohibbed by Applicable Law. Larder also sbal not e- als, this option if (a) Bormwer caws to be subs to Lplder Idornaaticn required by Lender to ewiwte the intended tranaeree as it a new loss were being shade to the transferee; and (b) Leader reasonably determines that Lender's security will ant be impaired by the loan aeauaption and that the rbk of a breach of any covenant or agmemem in this Secmity imtruwent is acceptable to Lander. To the extea1. permitted by Applicable Law, Leader may charge a resaoaable he as a condition to Lendet's consent to the loan assumption. Loader also may require the traaWbm to alga an asatlmption agreement that is acceptable to Leader and that Wipes the Mash m to keep all the pmmiss and agremma s made in the Note and in this Security tastrnmest. Borrower will coutisue to be obligated under the Note and this Security Instrument unless Lefler releasers Borrower in writing. if Lender exercises the option to require inusediate payment in talk Lender shall give Borrower notice of accelandon. 71m notice shall provide a period of not less than 30 days from the date the notice is ghat in accordance with Section 15 within which Borrower rust pay all suer secured by this Security Instrunent. If Borrower fails.to, pay these saner prior to the expiration of thiss period, lender nay invoke any n heft permitted by this Security hobument without Anther notice or demand an Borrower. BY SIGNM B&Dw, Borrower accepts and agrees tD the terns and covenants contained in this Fixed/Adjwtable Rate Rider. r ? •- BoiroNer? ` (Seat) BRIAN D DEMEESTER CHRISSY L DE& FESTER BDf 10r -aorrower _) VJES W FEATHERER Isiv Orwhal Only/ MUUMATS FUMWAWt16rARSE RA18 RIDER-ONE YEAR'IRSA. MY VAW& tTnek FMmie Mee UNIFORM MSrRUMWrr FNMA3182 (12/0!1) Pee 3 of 3 FORM 31821/01 EXHIBIT "A" Page 17 of 20 EXHIBIT "I" Exhibit A ALL THOSE (3) TRACTS or pieces of ground situate in Dickinson Township, County of CumbaWxL Commonwealth of Pennsylvania, bounded and described as follows: Tract No. I: BEGINNING at a point in the centerline of the Old Carlisle-Gettysburg Highway, which point is at corner of Tract No. 2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 10, Page 52; thence by said Tract No. 2, North 74 degrees 20 minutes West, a distance of 146.5 feet to a point ( iron pin); thence along fine of Tract No. 3 hadnaiter described, North 15 degrees 25 minutes East, a distance of 48.1 feet to a point (iron pin), thence along lands now or formerly of Lena K. Kuntz and Chester L Kuntz, her husband, South 73 Y. degrees East, a distance of 146.5 feet to a point in the center line of said Old Carlisle-Gettysburg Highway; thence by the center line of said highway, South 15 A degrees West, a distance of 46.4 feet to a point, the place of BEGINNING. BEING improved with a 1 story frame bungalow and also being Tract No. 1 as designated on a plan of tots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan- Book 10, Page 52. Tract No. 2: BEGIMVING at a point in the center of the Old Carlisle-Gettysburg public road at corner of land conveyed to Christine L. Beam by Deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorders Office in Deed Book "J", Volume 21, Page 1131; thence along said lands now or formerly of Christine L. Beam, North 73 Y2 degrees West, a distance of '148 feet to an iron pin; thence along line of Tract No. 3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract No. 1 hereinbefore described; thence along Tract No. 1, South 73 Y2 degrees East, a distance of 148 feet to a point in the center line of the Old Carlisle-Gettysburg public mad; thence along the center line of the Old Carlisle-Gettysburg public road, South 13 degrees West, a distance of 15 feet to a point, the place of BEGINNING. CONTAINING 15 feet in front along the centerline of the Old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width, a distance of 148 feet, in accordance with surveys made by F.S. Omer on August 17,1944 and April 19, 1945. Tract No. 3: BEGINMNG at a common point of lands of Raymond L. Rickroade and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along EXHIBIT "A" Page 18 of 20 EXHIBIT "1" Lot No. 1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or fonnerly of Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron-pin, the place of BEGINNING. CONTAINING 0.142 acres and being Lot No. 11 on a plan prepared by Eugene A. Hockensmith, RS., dated February 5, 1998 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 55, Page 16. BUNG the same premises which Deutsche Bank National Trust Company; as trastee of Ameriquest Mortgage Securities, Inc., asset backed pass through certificates Series 2005- Rl, under the pooling and servicing agreement dated February 1, 2005, without recourse by AMC Mortgage Services, Inc., it Attomey in Fact by Power of Attorney recorded in Volume 4153, Page - 313, by Deed dated January 16, 2007, and recorded January 22, 2007, in the Office of the Recorder of Deeds in. and for the County of Cumberland, Pennsylvania, in Book 278, Page 2430, granted and conveyed unto May K. Caldarelli, Grantor herein. EXHIBIT "An . EXHIBIT Page 19 of 20 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURMOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Infts mt N=bw - 20082M Rmrded On 712/2008 At 11:00:05 AM * Inst mMent Type - MORTGAGE Invoke Number - 24326 User M - RAK * Mortgagor - DEMEESTER, BRIAN D * Mortgagee - ADAMS COUNTY NATIONAL BK * Customer - CAPITAL ABSTRACT * PEES STATE MIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORD= rims - $41.50 RacoRDSR or DEEDS AMIWAWZ amino $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES IMM $3.00 TOTAL PAID $68.50 * Tool Pages - 20 . Certification Page W NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O? * - Informatbn denoted by an a*&M may change dnrbg the verification process and may wot be reikeW on this page. 11111IN1111111 "EXHIBIT "A" Page 20 of.20 EXHIBIT "'1" j r LOAN NO. F LEI/ADJUSTABLE RATE Nei j jr, (One-Year Treasury Index - Rate Cap) THIS NOTE PROVIDES FOR A CHANGE IN MY F LED Pn7RES'T RATE TO AN ADJUSTABLE I TERESI' RATE. THIS NOTE LIMTS THE AMOUNT MY ADJUSTABLE EYTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JUNE 27 • 2008 GETTYSBURG PA [Date] [City] [State) 379 OLD STATE ROAD GARDNERS, PA 17324 [Property "Mal 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 88,400.00 (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 a yearly rate of 5.750 %. The interest rate Iwill 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 AUGUST 1 2008 I will make these navments every month until I have paid all of the principal and interest and an other chazges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on - JULY 1 , 2038 ; I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments 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. $ 515.88 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal bf my loan and in the interest rate that I 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 JULY , 2015 , 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 Abe STRUMENT FORM 3522 1/01 FNMA3522 (12/00) Page i of 4 Initial ? Initial EXHIBIT "B" EXHIBIT "1" ' LOAN NO. I ?+~ (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 (0.1259o). 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) IJmlts on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.750 % or less than 3.750%. Thereafter, my adjustable interest rate will never be increased -or decreased on any single Change Date by more than two percentage points (2.035) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.750%. (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 the effective date of any change. 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 I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agm in y rting to those Cll ggs. My partial P„EWj=ent 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 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,' the reduction will be treated as a partial Prepayment. 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 days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % 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 require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. MULTISTATE FILED/ADJUSTABIE RATE NOTE-ONE-YEAR TREASURY INDEX-Fannie Mse STRUMENf FORM 3522 1/01 FNMA3522 (12/00) Page 2 of 4 Ini ' Initial EXHIBIT "B" EXHIBIT "I" - LOAN NO. I M. 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 to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 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" means 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 under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note Some of hose 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 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. 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. 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 MED/ADJUSTABLE RATE NOTEONE-YEAR TREASURY INDEX-Fannie Mae LJMLNT FORM 3522 1/01 FNMA3522 (12/00) Pegs 3 or 4 - Initial Initial EXHIBIT "B" EXHIBIT "1" LOAN NO. i 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 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. HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) B STER -Borrower (Seal) -Borrower Social Security Number I Social Security Number (Seal) (Seal -Borrower Social Security Number Social Security Number -Borrower [Sign Original Only) MULTISTATE FDOM/ADJUSTABLE RATE NOTLONF YFAR IRFASURY INDEX-Faunle Mae I mwr FORM 3522 1101 FNMA3522 (12100) Page 4 of 4 Initial Initial EXHIBIT nrBn EXHIBIT I To: Brian D. DeMeester 924 Rockledge Drive Carlisle, PA 17013 Date: January 11, 2012 Mortgage Loan No. NOTTCE OFINTENTIONTO F.ORECLOSEMORTIGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 379 Old State Road, Gardners, PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1, 2011 and January 1 2012 Late charges or other charges have also accrued to this date in the amount of $ 51.58 . The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1.599.22 You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 1,599.22 plus any additional monthly payments and late charges which may fall due during this period Such payment must be made either by cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Shefiff to pay off the mortgage debt If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be stairted to evict you. You have additional rights to help protect your interest in the property. YOU HAVE TIDE 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. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However,. you are not entitled to this right to cure your default more than three times in any calendar year. ACNB Bank (formerly ADAMS COUNTY NATIONAL BANK) By: Susan M. Saylor, Assistant Vice President *Copies also sent to 379 Old State Road, Gardners, PA 17324 EXHIBIT "C" EXHIBIT "1" .t • To: Chrissy DeMeester 2895 Fillmore Drive Chambersburg, PA 17201 Date: January 1.1, 2012 Mortgage Loan No. NOTICE OFINTENTIONTo FOREcLosE MORTGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at _ 379 Old State Road, Gardners PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1 2011 and January 1 2012 Late charges or other charges have also accrued to this date in the amount of $_51.58 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $_ 1.599.22 You may cure this default within THIRTY (30) DAYS of the date of this. letter, by paying to its the above amount of $ 159922 plus any additional monthly payments and late charges which' may fall due during this period Such payment must -be made either by cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Ifyou cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheri„ f's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months, A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (212) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your *right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. - You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB B (formerly AMS COUNTY NATI XentIll By: ; ' Susan M. Saylor, Assis ice *Copies also sent first class mail. EXHIBIT "D" Page 1 of 2 EXHIBIT "I" To: Chrissy DeMeester 379 Old State Road Gardners, PA 17324 Date: January 11, 2012 Mortgage Loan No. NOTICE OF INTENTION TO FORECLOSE MOR719AGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 379 Old State Road Gardners PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1, 2011 and January 1, 2012 Late charges or other charges have also accrued to this date in the amount of $ 51.58 . The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1.599.22 You may cure this default within T HIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $_ 1,599..22 plus arty additional monthly payments and late charges which may fall due during this period Such payment must be made either by' cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the, amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start alawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period you will not be required to pay attorney's fees. . We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTPI'[PI'ION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB Bank (formerly ADAMS COUNTY NATIONAL BANK) By: Susan M. Saylor, Assistant Vice President *Copies also sent first class mail. EXHIBIT "D" Page 2 of 2 EXHIBIT "I" 'a To.. James W. Featherer Date: January 11, 2012 17454 New Bridge Road Spring Run, PA 17262-9706 Mortgage Loan No. N077CE OFRVTENPION TO FORECLOSE MORTGGAGE The MORTGAGE held by ACNB Bank, formerly known as Adams County National Bank (hereinafter we, us or ours) on your property located at: 379 Old State Road, Gardners PA 17324 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 515.88 for the months of November 1, December 1, 2011 and January. l 2012 Late charges or other charges have also accrued to this date in the amount of $ 51.58 . The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1,599.22 You may cure this default within THIRTY (30) DAYS of the date of this letter,. bypaying to us the above amount of $ 1599 22 plus any additional monthly payments and late charges which may fall due during this period Such payment must be made eitherby cash, cashier's check, certified check or money order, and made at any office of ACNB Bank, formerly known as Adams County National Bank. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within TINY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt If we re fer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period you will not be required to pay attorney's fees We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs foreclosure sale. You.may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 4 months. A- notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (717) 339-5069 . This payment must be in cash, cashier's check, certified check or money order and made payable to us at any office of ACNB Bank, formerly Adams County National Bank. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after. the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. ACNB Bank (formerly ADAMS COUNTY NATIONAL BANK) By: Susan M. Saylor, Assistant Vice President *Copies also sent fast class mail. EXHIBIT "E". EXHIBIT "]" 14 P?aay -'g gaeg qz ZIP "i 0'11 DI l l to W) N b O _ M a?lr r wo LO N M 'Z a P. c7 ?NCIe O rl Do _ 0W ON It h q n - mz z - ° ? ILIX ? H zxzoo WE - t0 HW:a .; hW1Cl'1 ? .._ *?£a14Q h H• Wa ki-r 1 W _ t _ wxw C31-U,.1 lYHOtA w 3 t -i Irroft = QW01(t ww N d a Ah'` r l1. "? It+ Q G4MC7 p 4 CT M4 Looku` S W c W U W Z c a w w EXHIBIT "F" EXHIBIT "1" 57 ZIP 1-1 011M16 O.. - o ?, - u _ c - Z jr W ° a a oz w a z - u HW JJN F . _ awL m z , a r m ' ( ^ N vp (tQ( a i +A H tl. z ON t1t 0) UmC7 (? r h » 9 ? l` ' w w w w U V) C, e _ > Ic Co (V Z s, cr OC N O C7 LLJ F - EXHIBIT "G" EXHIBIT "1" iq c) ca x ea 0 W H LU W W Q W U a, r. U) z N Ma Z Q P C 0-0 P, F (x CV Lei _ OO z o t t N Ho OF W w °Q z ? z F t4 W rift 0 r9 LI O in O Lm WTI i- zxzoo .WeN -Z 13 HWrt it _ rwfYts ? .= rt£mOQ f- H- wt w Xf-fZJ a WYw 01-0-1 MOON QWf>:H 3w -1 owcva W N L:CIAO 0 W Q Pa w¢p" l Q Chi , L? M C7 T?V =a r .t „.i rt EXHIBIT "H" EXHIBIT "1" f? -y 0 w H w ww cr w U ?? // ? N ` ' ? LLI 1 1 z N O Z cc U? T ? L C ? F N cM w¢ E" a caH? ?Aw ?o? UmC7 N rr 0 o - o .+ - o M a .? h U a 0 - rt h - h Ll ,i LO: a, .? It .a a 4 0 a? W z PW me r+M oft Vtt m _ oa-r o NhfHo F- -? zH W z -= aw .m it nu a n Of ?i ?D i? r EXHIBIT "I" EXHIBIT "I" ,u L,)ra.comw - i racx az uonnrm Page 1 of 1 English Customer Service USPS Mobile Register/ Sign In lausp`ecokf Search USPS.oom or Track Packages Quick Tools Ship a Package Send Mai Manage Your Mad Shop Business Solutions Track & Confirm OEf EMAIL UPDA7'ES• i . YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATEa TIME LOCATION FEATURES 9171969008360002886768 , First-Class Mai • ! Delivered ; January 17,2D12, 8:01 am GETTYSBURG. PA 17325 i RMum Receipt ! Elacbonk: Notice Lett ' ; January 14, 2012, 8:57 am i GETTYSBURG, PA 17325 s I E f Proceeded through i January 14.201Z 5:33 am HARRISBURG, PA 17107 ' LISPS Sort Facility Anival at Unit i' January 12, 2012, 8:28 am ASPERS. PA 17304 Depart USPS Sort January 12, 2012 HARRISBURG, PA 17107 I Facility processed at LISPS i January 12, 2012,2:42 am ; HARRISBURG, PA 17107 Origin Sort Facility Accepted at USPS January 12, 2012,1:27 am GETTYSBURG, PA 17325 Origin Sort Facility Electronic Shipping Inks ' January 11, 2012 Reealved Check on Another Item Where your label (or receipt) number? LEGAL ON USPS.COM Privacy Policy > Government Services > Terns of Use > Buy Stamps & Shop , FOIA , Pant a Label with Postage > No FEAR AG EEO Data, Customer Service > Site Index, OTHER LISPS SITES Business Customer Getaway, Postal Inspectors r InspectorGeneral, Postal Explorer, ON ABOUT.USPS.COM About LISPS Home, Newsroom , Mall Service Updates r Forms & Publications) Careers, Copyright© 2012 USPS. All Rights Reserved EXHIBIT "J° EXHIBIT https://tools.usps.com/go/TrackConfmzAction input?qtc tLabelsl=917196900935000285... 1/17/2012 UOro.UVLUW - ttaVx oG t-unlirm Page 1 of 1 English Customer Ssrvke USPS Mobile Reglshrr t11gn In `r sps-coI>r/ • Search USPS.com or Track Packages Quick Tools Ship a Package Send Mai Manage Your Mal Shop Business Solutions Track & Confirm OET EMIUL UPDATES ,? YOUR LABEL NUtBER SERVICE STATUS OF YOUR REM DATE&TIME LOCATION FEATURES 9171969009360002866770 ; First-Class Mail • i Delivered I i January 17.201 Z 8:01 am GETTYSBURG, PA 17325 Retwn Receipt j , Electronic Notice Left i I January 14,201Z 8:57 sm ! GETTYSBURG, PA 17325 i Processed through r USPS Sort Facility : January 14.2012,5:33 am : HARRISBURG, PA 17107 r Arthral at Unit January 12, 2012, 8:28 an ASPERS, PA 17304 Depat USPS Sort January 12, 2012 HARRISBURG, PA 17107 i Facility i i Processed at LISPS ;January 12.2012,2-.42 am HARRISBURG, PA 17107 Origin Sort Facility Accepted at USPS January 12, 2012, 1:27 am GETTYSBURG, PA 17325 I Origin Sort Facility I i Electronic: Shipping Info . January 11, 2012 Received Check on Another Item ~S your label (or receipg numbeR r LEGAL Privacy Policy > Terms of Use > FOIA ) No FEAR Act EEO Data , OTHER USPS SITES Business Customer Gateway > Postal Inspectors , Inspector General, Postal Explorer) Copyright92012 USPS. Ali Rights Reserved. ON ABOUT.USPS.COM About USPS Home > Newsroom, Mail Service Updates) Forma & Publications , Careers , ON USPS.COM Government Services + Buy Stamps & Stop , Print a Label with Postage > Customer Service, Site Index, EXHIBIT "V' EXHIBIT https://tools.usps.corn/go/TrackConfmnAction.action 1/17/2012 i_i•i_ rttgC t ut 1 Er*lsh Oustomeraervice USPaMOM Reghhr?8tgnin OPSAOF Search USPS.com or Track Packages Quick Tools Ship a Package Send MaU Matmge Your MaU Shop Business; SoluUone Track & Confirm YOUR L48M WJMDER SERVICE eTATW OF YOUR UM DATE a Tae LOCATIOM F"TUM 8171989808360092886783 RrsWass Mat Delivered January 18, 2012,1:03 pm CHAMBERSBURG, PA 17201 Returis Receipt Notice Left January 13, 2012, 219 pm Electronic CHAMBERSBURG, PA 17201 Deport LISPS Sort January 13, 2012 HARRISBURG, PA 17107 Facility Processed at LISPS January 1%2012, 203 am HARRISBURG, PA 17107 Origtk Sort Fealty Accepted at USPS Jwkwy 13.2012,12:48 am GETTYSSURG, PA 17325 CrWh Sort Fealty Electrode Shipping b* `Received `January 11, 2012 Check on Another Item ~s yaw label (or recelM number? LEGAL ON USPS.COM ON ABOUT.USPS,COM PrK-F PAY > GDvernmerdServices > About USPS Home, Terms of Use > Buy Stamps 8 Shop, Newsroom , FOA, IM a Label with postage > Mal Service Updates > No FEAR Ad EEO Data) CuseomerService , Forms 3 Pub6wtlorts , OTHER LISPS SITES Site hdex , Careers) Busvtess Custaner Gateway Postal tnapedors > inspector Getuxal > Postal Expiorer r Copyd$O2012 USPS. At Rights Reserved. EXHIBIT "L" PAGE I of 2 EXHIBIT https.//tools.usps.com/go/TrackConfirmAction.action 2/13/2012 1 STATESS P0121 1,13 ors Date: 02/13/2012 SUSAN SAYLOR: The following is in response to your 02113/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 6763. The delivery record shows that this item was delivered on 01/1812012 at 01:03 PM in CHAMBERSBURG, PA 17201. The scanned image of the recipient information is provided below. Signature of Recipient:? ?? ??? _..._?. 6r"4;'Fj'* 10? Address of Recipient: • rr? Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHIBIT "L" Page 2 of 2 EXHIBIT "I" 4 .+...? w.wain. aiuva w vvauatau Customer Service USP5MoWle Quick Tools Sho a Package Send Mal Track & Confirm IMME MIFI LMEr.. rRrereet 517188900l3trro002S66767 Check on Another Rom VWW3 your label (or receipq number? rage 1 of 1 RegWpr sign b Search USPS.c om or Track Packages Shop Business Sokdk)ns SERVICE STATUS OF YOUR n9W DATE &TaE LOCATICNI FEATURES FIal-ases Mal a Deivarad January 20.201Z 2:18 pm SPRING RUN, PA 17282 Ratum Receipt Eka bwft Arrive! at Unit January 12, 2012, &34 am SPRING RUN, PA 17282 EInto I Jermtery 11, 2012 Reoetad v Manage Your Mao LEGAL PdVacy Po4cy > Tama or Use r FOIA > . No FEAR Ad EEO Oata i ON USPS.COM Governmot Services Buy Stamps & Shop Print a Labd with Poswge r Customer Service > Site w4m ) ON ABOUT.USPS.COM Aleut USPS Home, Newsroom Mal Ssrvice.Updatss > Forms & Publications, Careers OTHER USPs SITES Business Customer Gateway > Postal Inspectors > Inspector General > Postal Explorer> CoPr*10 2012 USPS. AD Rights Reserved. EXHIBIT "N" Page I of 2 EXHIBIT "I" https://tools.usps.com/go/TrackConfm Actiol input?qtc tLabels1=917196900935000285... 2/13/2012 •e Date: 02/13/2012 SUSAN SAYLOR: The following is in response to your 02113/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 0285 6787. The delivery record shows that this item was delivered on 01/20/2012 at 02:16 PM in SPRING RUN, PA 17262. The scanned image of the recipient information is provided below. Signature of Recipient: r xj r ? I? I j0d 1// Address of Recipient: ? K Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHIBIT "N" Page 2.of 2 EXHIBIT "I" rag Wish casmmr3avlm Uses MOM ReowarlalP M a psia" Search USPS.eom or Trade Pedrages Quids Tools Ship a Package Send Mai Manage Your Mal Shop Business SduWns Track & Confirm YouR use. NUMBER sERVIM SWUUS OF YOUR new [ATE a INE LACATmM I"Tt m s17INN1N31R10s2WV0 Rrevuss mad a Delvered I January 17, 2D12, 3:08 pm CARUSLE, PA 17013 ? Rslum Receipt `Electrordc Notice Left January 12, 2012, 12:03 pm CARUSLE, PA 17013 Processed at USPS Jarauay 12, 2012, 4:13 an HARRISSURQ, PA 17107 Origin Sort Facility Accepted at USPS January 12, 2012, 258 an GETTYSBURG, PA 17325 OrW Sort Facft ElscftMe Sidppkg Irdo Received January 11, 2012 Check on Another Item ~a your label (or recelpQ number? LEGAL Privacy Policy , Terns or Use > FOIA ) No FEAR Act EEO Des) ON USPS.COM Government Services) Buy Stamps & Stop > print a Ube! with Postage , Customer Service s Ske Index > ON ABOUT.USPS.COM About USPS Hone , Newsman > Mall Service Updates) Forms5 Publications, Carvers , OTHER USPS SITES Business Customer Gateway , Postal Inspectors , Inspector General , Postal Explorer, CopyrIOND 2012 USPS AN Rights Reserved EXHIBIT "N" Page 1 of 2 "1" https://tools.usps. COm/go/TrackConfirmAction. action EXHIBIT 2/13/2012 Date: 02/13/2012 SUSAN SAYLOR: The following is in response to your 02113/2012 request for delivery information on your Certified Mall(TM) item number 7196 9009 3500 0285 6749. The delivery record shows that this item was delivered on 01/17/2012 at 03:08 PM in CARLISLE, PA 17013. The scanned image of the recipient information is provided below. Signature of Recipient: ?- Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHIBIT "N" Page 2 of 2 EXHIBIT "1" _ C ? ? C-71 3 r ca ?- IN THE COURT OF COMMON PLEAS ci r" t c Fn II OF CUMBERLAND COUNTY PENNSYLV ? ? < ?=Y , j CIVIL ACTION -LAW ? ' ? I ly C? CD Y: :Z F f :Zo ACNB Bank, No. 12- Cie I Plaintiff, : - ; vs. Action in Mortgage Foreclosure i? Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. To: Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants N_ 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 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of said Co at Carli le, Pa. This day of--1r 20 La Proth tary EXHIBIT "2„ j M 0, /c -- - ' y ? ? L._? s Wherefore defendant request court to deny plaintiff claim for relief. Answer Responsive Pleading PV 1 1. Admit rn Uj r 2 Admit U) r rv '° . 3. Admit < u 4. Admit _ 5. Admit 6. Deny There were two First Mortgages signed. First Mortgage #1 was signed only by Brian DeMeester. It was completed with signed by him. Both a Federal Truth in Lending Statement was completed. A Promissory Note was registered. Please See Exhibit B. My mother, my father and I were told by my Realtor Mr. Burkstrtesser, that ACNB would not put my name on the First Mortgage because I did not meet the of income requirements or have the necessary credit rating to sign the First Mortgage. Brian DeMeester was called in and signed the First Mortgage. After a long break the Mortgage procedure continued with the Second Mortgage. Although we had been notified that only Brian DeMeester and my Dad would be on the Second Mortgage. I was called in to sign papers There were a lot of papers in a pile. My Dad asked Mrs. Detweiller, Realtor for the Seller if all these papers were required for a Second Mortgage She stated they were. My Dad and I both signed the papers. It turned out that NEW 1st mortgage papers had been created and we were not notified about the change. My Dad found out that the papers were fabricated without a Truth in Lending Statement and had not been put on the Promissory Note had no notice One other incident happen before the signing of the Mortgages. EXHIBIT "2" Mr. Burkstresser came to us and said there was a mistake in the papers and the was a shortage of three thousand dollars necessary or the sale would be cancelled. No verification of the shortage was ever produced by Adams County Bank. I had been looking forward and planning my decoration in my first home. It was a terrible disappointment. We had been living in the attic of his parents home. My dad offered to write a check for $3,000.00, if his name was put on the Title. The representative for ACNB agreed and received. a check for $3,000.00 from my Dad. Until today we have never learned the disposition of the money. 7. Admit 8. Admit 9. Admit 10. Admit 11. Admit 12. Admit Chrissy L. DeMeester 2895 FIllmore Drive Chambersburg, PA 17201 EXHIBIT "2" m . IN TEE COURT OF COMMON PLEAS c: ` OF CUMBERLAND COUNTY PENNSYLVANI , A i CPAL ACTION - LAW ?. ' I? ACNB Bank, No. 12- 1q91 C y ?;- Plaintiff, . I VS. . Action in Mortgage Foreclosure Brian D. DeMeester, . Ch dssy L. DeMeester, and ' James W. Feathertr, Defendants. To: Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants N_ 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 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of said atIC?a^rii?,le, Pa, This day of t?ll jL [20 oZ ProthoPQtary I; EXHIBIT 113" PO. I.)- - I yq' C- IV ` Wherefore defendant requests court to deny plaintiff claim for relief. 1. Admit 2. Admit 3. Admit 4. Admit 5. Admit Answer Responsive Pleading = C - p - p1m :zm - Cn r -C N i... CD _ E-':z ;rC ) -s '-D 6. Deny There were two First Mortgages signed on 6/27/08. First Mortgage #1 (Exhibit B) signed only by Brian Demeester. This Firgf Mortgage was complete with signed by him. This First Mortgage including both a Federal Truth in Lending Statement and a Promissory Note was registered with the State of PA My daughter, her mother, and I were told by my daughter's Realtor Wayne Burkstresser, that Adams County Bank did not want her name on the First Mortgage because she did not meet the requirements of income or credit to be placed on the First Mortgage. After long break the Mortgage procedure continued with the Second Mortgage. There were a lot of papers in a pile. I asked Mrs. Detweiller, Realtor for the Seller if all these papers were required for a Second Mortgage She stated they were all required Chrissy was required to sign all of the papers except two the actual Second Mortgage. I signed all the papers. Unknown to either of us new First Mortgage papers were included in the pile. My daughter's credit rating must have improved in the last 2 hours. Her salary also had to be greatly increased. EXHIBIT "3" I never received a copy of any of these papers. There was never a Truth In Lending Statement signed by me for this First Mortgage #2. (Exhibit A). At my request, Mr. Wayne Burkstresser has recently gotten out the files and my name is not on the Promissory Note. There was no information from the Adams County Bank, that a New First Mortgage had been generated. No notice either verbal or in writing was forthcoming about the New Mortgage from the Adams County Bank.. One other incident happened even before the signing of the Mortgages. Mr. Burkstresser came to us and said there was a mistake in the papers and the was an increase of three thousand dollars necessary or the sale would be Cancelled. My daughter's heart was broken. She had been looking to her new home for months. Brian's parents could not or would not pay anything. I offered to write a check for $3,000.00, if my name was put on the Title. The representative for ACNB agreed place my name on the Title and accepted my check for $3,000.00 Why would I ever sign the New Mortgage when my name was already on the Title? Why was my name never filed on the Promissory note? ..What was the $3,000.00 error? Only ACNB can answer these questions. Having owned a home in Honolulu, Hawaii, a home in Bainbridge Island, Washington, two different homes in Ellicott City, Maryland and now a home in Spring Run, Pennsylvania. I do not believe this house was closed using standard accepted banking procedures. As it applies to the house at 379 Old State Road Gardners, PA 17324 I would like to introduce into evidence the Marital Settlement Agreement between Brian DeMeester and Chrissy Demeester. This document is signed by :Brian EXHIBIT "3" Demeester and Chrissy Demeester, Witnessed by Brian's sister and Chrissy's Mother. It was then Certified by Darcie A Neil, Notary Public for Boro of Carlisle, Cumberland Co., State of PA. On page 1 of the Marital Statement it states Husband and Wife agree that Wife shall continue to reside at the above mentioned family residence until sale of the house or the 1 st of November 2011, whichever shall come first Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: My daughter moved out on October 30, 2011. (Fact not in agreement). Page 2 Upon the 1 st of November 2011, Wife agrees to move out of the house and turn full monetary responsibility over to the husband until the house is sold. However, if Wife is able to afford the house on her own, she is entitled to take over the mortgage at her expense. Page 2 Sale of the house Upon sale of the house, the Husband and Wife, agree to split the equity. It is agreed that the Husband and Wife to pay $1,000.00 each to James Featherer (Father of Wife) to satisfy the loan towards the original down payment of the house if and only if there is enough equity at time of sale. This is the remainder of the $3,000.00 short on closing. A $1,000.00 payment had been previously paid (Fact not in agreement) 7. Admit 8. Admit 9. Admit 10. Admit 11 Admit 12. Admit EXHIBIT "3" a ` James W. Featherer 17454 New Bridge Road Spring Run, PA 17262 -?) / 26/1 EXHIBIT "3" Tl/? elf m.Ln17- ? MARITAL SETTLEMENT AGREEMENT AGREEMENT made on this day of 20 -IL)-, by and between Christiane L DeMeester (Featherer) (hereinafter referred to as "Wife"), who resides at 379 Old State Road Gardners. PA 17324 and Brian D DeMeester (hereinafter referred to as "Husband"), who resides at 924 Rockledge Drive Carlisle. PA 17013. WHEREAS, we were married on the 17th day of September. 2007, in Carlisle, State of Pennsylvania, County of Cumberland, and we now mutually desire to dissolve our marriage and mutually agree to live permanently separate and apart from each other, as if we were single; WHEREAS, we each have exercised good faith and have made fair, accurate, and complete disclosure to each other regarding all financial and property matters pertaining to this marital settlement agreement; WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, personal and real property, and finances; WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE. THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately and to divide our property and finances according to the following mutually agreed upon terms and conditions: 1. REAL ESTATE A. RESIDENCE Husband shall reside at 924 Rockledge Drive Carlisle. PA 17013. Wife shall reside at 379 Old State Road. Gardners. PA 17324. B. HOMESTEAD Husband and Wife own the following real property as their family residence, located at 379 Old State Road Gardners. PA 17324. Husband and Wife agree that Wife shall continue to reside at the above mentioned family residence until the sale of the house or the 18t of November, 2011, which ever shall come first. Rights, responsibilities and expenses regarding the above mentioned family residence shall be distributed as follows: Initials Husband Wife_ EXHIBIT ,13" n ? 2 1) Expenses. Mortgage and Maintenance: Husband shall be responsible for and pay the following expenses regarding the family residence: One half of the mortgage, electric, garbage, home owner's insurance, property taxes, and any necessary home repairs until the divorce is final or the house is sold, whichever occurs first. After the divorce is final, Husband will be responsible for half of the mortgage, property taxes, and necessary home repairs until the house sells or 1st of November, 2011, when the Wife vacates the property, at which time Husband will be responsible for all of the house bills until the sale of the house and the Wife is released from responsibility of all house bills. Wife shall be responsible for and pay the following expenses regarding the family residence: One half of the mortgage, electric, garbage, home owner's insurance, property taxes, and any necessary home repairs until the divorce is final or the house is sold, whichever occurs first. If Wife chooses to have extra bills not included in this agreement, Wife agrees to be responsible for the bills entirely. r Upon the 1st of November, 2011, Wife agrees to move out of the house and turn full monetary responsibility over to Husband until the house is sold. However, if Wife is able to afford the house on her own, she is entitled to take over the mortgage at her expense (refinance, deed stop, etc.) before the 18t of November, 2011. 2) Sale of House Upon sale of the house, the Husband and the Wife, agree to split the equity. It is agreed that the Husband and the Wife agree to pay $1,000.00 each to James Featherer (father of Wife) to satisfy the loan towards the original down payment of the house if and only if there is enough equity at the time of the sale. 2. PERSONAL PROPERTY A. HOUSEHOLD GOODS Husband and Wife jointly own the following household goods to be divided as follows: 1) To Husband: Couch, Clothing, Computer, DVD Collection, and the rest of the material possession obtained before the marriage (collectables, sword collections, etc.) 2) To Wife: Kitchen appliances and dishes, Computer, Bedroom Furniture, Clothing, DVD Collection, and the rest of the material possession obtained before the marriage (decorations, books, etc.) initials Husband Wife - EXHIBIT "3" 3. HEALTH INSURANCE 3 ? Husband and Wife agree as follows in relation to their respective health care coverage: Both parties will continue to carry health insurance coverage separately as done previous to the separation of marriage. 4. RETIREMENT PLAN A. Husband shall pay to Wife the amount of $5,100.00, plus the television and receiver will become her property. B. Wife will receive the settlement payment of $5,100.00 once the final Divorce Decree is received by the Husband. C. Wife agrees to the amount and property and in exchange for this agreement, Wife will not file for spousal support, alimony, medical support or any other support and maintain consent for an uncontested divorce. Wife must file all papers in a timely manner as part of the agreement. 5. NO HARASSMENT OR INTERFERENCE Neither party will in any manner harass, annoy or interfere with the other. 6. FINAL AGREEMENT This agreement sets forth the entire agreement and understanding between the Husband and Wife relating to the settlement of martial property and finances and supersedes all prior discussions between us. No modification of or amendment to this agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. 7. ACKNOWLEDGEMENT Husband and Wife acknowledge that each has entered into this agreement in good faith, without any duress or undue influence. Each understands his or her right to seek independent counsel regarding this agreement, and each has had the opportunity to seek independent counsel prior to signing this agreement. 8. CHOICE OF LAW Husband and Wife agree that this agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Initials Husband Wife EXHIBIT "3" • .. 4 t-- 9. BINDING EFFECT This agreement shall be binding upon the parties, and upon their heirs, executors, personal representatives, administrators, successors, and assigns. 10. ENTIRE AGREEMENT This instrument, including any attached exhibits, constitutes the entire agreement of the parties. No representations or promises have been made except those that are set out in this agreement. The agreement may not be modified or terminated except in writing by both parties. Signed and dated this o?_day of Jec e r??j_ 201a_. Wife Husband Witness #1 for Wife Witness #1 for Husband CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC COMMONW TH OF ENN YLVA#A COUNTY 1 ..,?,1 M 1 I i l4 This document yeas acknowledged before me on 61Q%?610 [Date]by S [name of principal]. [Notary Seal, if any]: s R 0 7 (Signature of Notarial Officer) Notary Public for the Commonwealth of Pennsylvania ,,J My commission expires: AOV ?0 3 Initials Husband Wife EXHIBIT °3° . 4 COqk'7y, Aq, C 1 ?/ G i?G Z7D ??- L,/? GcJ fl UrL 11QZeAls ;&t,?fY{C.5 r,,Z2 C7- ?-g V, 12l? ? K S VS C?a215S?^?. i- , C.J ?nfSW?'RS -?0 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT These documents are filed with the court in response to PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT received by James W. Featherer via First Class mail on May 4, 2012. Of particular importance is paragraph 6 which contains Instrument number 200822500. The Instruction is Plaintiff's Exhibit "A" Page 20 of 20. and is filed in the Cumberland County Deed of Records. Brian D. Demeester's is the only name is noted as the Mortgager on this document. the Complaint. Neither Defendant responded to Paragraphs 13 through 15, inclusive, of the Complaint. 6. The only paragraph of the Complaint denied by both Defendants is Paragraph 6, which recites that on "June 27, 2008, Defendants made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as mortgagee, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200822500." 7. The allegations in Defendants' Answers are not responsive to the allegation made in Paragraph 6 of the Complaint, but rather raise extraneous issues regarding the procedure used at the mortgage settlement on June 27, 2008. 8. The Answers filed by the Defendants raise no genuine issues of material fact to be tried. 9. The pleadings are closed and time exists within which to dispose of this Motion so as not to delay trial. 10. Defendants have failed to state a legal defense or to raise any genuine issues of material fact, and Plaintiff is entitled to judgment as a matter of law pursuant to Pa. R.C.P. 1035.2. WHEREFORE, Plaintiff, ACNB Bank, respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendants Chrissy L. DeMeester and James W. Featherer, in the amount of $87,705.64, plus interest from February 29, 2012 at a per diem of ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 butrumeet Number - 29M M Recorded Or 7fJ 2W At 11:0M. AM * Instrument Type - MORTGAGE Invoice Number - 24326 User ID - RAK * Mortpgor - D? BRIAN D * Mortgsgee - ADAMS COUNTY NATIONAL BK * Customer - CAPITAL ABSTRACT * lis8 STATS MIT 'PAZ STATS JCS/ACCE89 TO J08TIC8 RIDING FSES - =0OIWEQ OF DIMS AFFORW?M 1008IRG C00[i' M ARCHIM Fss ROD AR RM8 !E8 TOTAL PAID $0.50 $10.00 $41.50 $11.50 $2.00 $3.00 $68.50 I Certify this to be recorded in Cumberland County PA * TOW Pages - 20 Certification Page DO NOT DETACH This page is now part of this legal document RECORDER oR D Ds • - Inforaatbn denotes sy an aaterhtc oay eMa?e aarN? We verN aatiw proem and may not be reNsetea on "page. IIIINIIIII 193MnIT "A" Page 20 of 20 Mortgage Instrument Number 200822500 Robert E Ziegler, Recorder of Deeds in Cumberland County PA recorded instrument 200822500 at 11:00:05 AM. As per his official report * Mortgagor - DeMeester, Brian D. * Mortgagee - Adams County National BK. This is Exhibit "A" Page 20 of 20 Exhibit 4 ADAMS COUNTY NATIONAL BANK & FARMERS NATIONAL BANKOF NEWVILLE A Division of Adams County National Bank PO BOX 3129 GETTYSBURG PA 17325 (888) 334-2262 FEDERAL EIN 23-0581360 PAGE 1 2009 LOAN ANNUAL STATEMENT BRIAN D DEMEESTER 379 OLD STATE RD GARDNERS PA 17324 232-25-1858 Note Number 7491336 Note Date 06-26-08 Note Amount 88,400.00 Date Last Active 01-04-10 Principal Balance 86,769.34 Interest Paid To 01-01-10 Current Interest Rate 5.7500 Late Fees Due .00 * ------------------- -------- --------- HISTORY -------- ------------- ----------------* POST DTE EFF DATE TC1 TRANS DESCRIPTION AMOUNT TYPE NEW BALANCE 01-02-09 01-01-09 080 REG PMT-DUE D 94.53 PRINCIPAL 87839.54 421.35 INTEREST 02-02-09 02-01-09 080 REG PMT-DUE D 94.98 PRINCIPAL 87744.56 420.90 INTEREST 03-02-09 03-01-09 080 REG PMT-DUE D 95.44 PRINCIPAL 87649.12 420.44 INTEREST 04-01-09 04-01-09 080 REG PMT-DUE D 95.89 PRINCIPAL 87553.23 419.99 INTEREST 05-01-09 05-01-09 080 REG PMT-DUE D 96.36 PRINCIPAL 87456.87 419.52 INTEREST 06-01-09 06-Oi-G9 080 RLG PMT-DUE D 96.81 PRINCIPAL, 87360.06 419.07 INTEREST 07-01-09 07-01-09 080 REG PMT-DUE D 97.28 PRINCIPAL 87262.78 418.60 INTEREST 08-03-09 08-01-09 080 REG PMT-DUE D 97.75 PRINCIPAL 87165.03 418.13 INTEREST 09-01-09 09-01-09 080 REG PMT-DUE D 98.21 PRINCIPAL 87066.82 417.67 INTEREST 10-01-09 10-01-09 080 REG PMT-DUE D 98.69 PRINCIPAL 86968.13 417.19 INTEREST 11-02-09 11-01-09 080 REG PMT-DUE D 99.16 PRINCIPAL 86868.97 416.72 INTEREST 12-01-09 12-01-09 080 REG PMT-DUE D 99.63 PRINCIPAL 86769.34 416.25 INTEREST ADAMS COUNTY NATIONAL BANK & FARMERS NATIONAL BANKOF NEWVILLE A Division of Adams County National Bank PO BOX 3129 GETTYSBURG PA 17325 (888) 334-2262 FEDERAL EIN 23-0581360 PAGE 2 2009 LOAN ANNUAL STATEMENT BRIAN D DEMEESTER 379 OLD STATE RD GARDNERS PA 17324 232-25-1858 * ---------------------- IRS INFORMATION FOR TAX YEAR 2009-----------------------* Interest Paid In 2009 5,025.83 Box 1 OMB NO. 1545-0901 Reportable Points Paid .00 Box 2 FORM 1098 Refund of Interest .00 Box 3 Mortgage Insurance .00 Box 4 Box 1 - Mortgage interest received from payer(s)/borrower(s) Box 2 - Points paid on purchase of principal residence Box 3 - Refund of overpaid interest Box 4 - Mortgage insurance premiums The information in boxes 1, 2, 3, and 4 is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if the IRS determines that an underpayment of tax results because you overstated a deduction for this mortgage interest or for these points or because you did not report this refund of interest on your return. ** Caution: the amount shown may not be fully deductible by you. Limits based on the loan amount and the cost and value of the secured property may apply. Also, you may only deduct interest to the extent it was incurred by you, actually paid by you, and not reimbursed by another person. This statement serves as your mortgage interest statement (FORM 1098). Copy B, for payer Keep for your records Department of the Treasury - Internal Revenue Service 2009 Loan Annual Statement Adams County National Bank & Farmers National Bank of Newville Annual report of mortgage payments on note number 7491336 sent by ACNB to Brian D. DeMeester showing his mortgage payments for 2009. The names of Chrissy L. DeMeester and James W. Featherer due not appear on this statement. This statement does not appear in Exhibit 1. Request this statement be entered into evidence in Exhibit 4. Exhibit 4 LOAN NO. ! ?`' r FLD/ADJUSTABLE RATE N8 rl- (One-Year Treasury Index - Rate Cap) THIS NOTE PROVIDES FOR A CHANGE IN MY FDIED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LibIITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAIUMUM RATE I MUST PAY. JUNE 27 -2008 GETTYSBURG PA [Date] [City] [State] 379 OLD STATE ROAD GARDNERS, PA 17324 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 88,400.00 (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. V TERFSf Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.750 %. 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 AUGUST 1 2008 . I will make thow R&ypX0 e month until I have 'd all of the rind al and interest and any char described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on - JULY 1 , 2038 ; I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments 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. $ 515.88 This amount may change. (C) Monthly Payment Chafes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I 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 JULY , 2015 , 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 MM/ADJUSTABLE RATS NOTE-ONE-YEAR TREASURY INDEX-Fannle Mae UMWr FORM 3522 1101 FNMA3522 (12/00) Page 1 of 4 Initial Initial EXHIBIT "B" 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 (0.12595). 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 I am required to pay at the first Change Date will not be greater than 7.750 % or less than 3.750 %. 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 11.750%. (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 the effective date of any change. 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. BORROWEWS-RIGHTTOPREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is brown 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 tbis Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly oavments unless the Note Holder aorees in writing to those chances My ,Preoavmcnt 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 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 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 days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % 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 require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. MIXTLSTATE FUM/ADJUSTABLE RATE NOTUONE-YEAR TREASURY MEX-Fsnnre Mae U ZNT FORM 3522 1101 FNMA3522 (12/00) Page 2 or 4 Ini ' Initial EXHIBIT "B" LOAN NO. i (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 obligafed to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each perm 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" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNH ORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible lasses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note Some of those conditions read as Mows: (A) 'Until my initial fixed interest rate changes to an adjustable interest rate under the terns stated in Section 4 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. 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 terns 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. 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 Fl XM/ADJUSTABLE RATE NOT&ON&YEAR TREASURY RMEX Fannie Mae ul? UMWr FORM 3522 1/01 FNMA3522 (12/00) Page 3 or 4 - Initial Initial MIBIT "B" 114, IllaUx tev!u[ ?I!ul 4 JO b aid (00/Z[) ZZS£t?N[Nd 10/1 Me MOA tAI?IIlitt awn 3MUgA-XZCM AZI[1MDU mvz)c-$No-awN $Lvx riavisnrawarm &Ld.LSLL%iw Nuo I#4#0 u8rsl ragmnM /4un=S pmoS taMOuog- Jaewuog- tagmnM A1utwS lumS (TROM Ov0s) tagmnM Aj!jnooS MpoS I tagmnM 14!rnoaS [emoS lamouog- lmHOUOg- ([es) (mss) awls e aarloszraarln auL qo (sYivHs ci (skIA vv H •ta bottog uo paetuap ro aogoa raqunl inogileA IMMM isul f4ut=S s!qi,fq pap!tutad sa!pautat Sae qonv! Meta tapaaZ 'pound s!qi ;o uogsrcdxa agi of Loud stuns ring; Aed of sl!el t2A =cq 3I 'i ami I liuno$ Aq parnoas stuns ne Sod isntu tannortog tptgm unp!& ST aoMoS giutt aousptooos v! aan!8 s! aogoa aqi aisp ayi Ivor; srfsp p£ aqi asa! ion pound a ap!notd nags aapoa aqy vogsraiime jo xt!ioa tannottog an!8 Ilegs tapaaZ `iin; at ivacwtsd ais!pamtu! artnbor o; aogdo agi saSGltax9 tapunJI •8agum a! taMOUOg sassaiat taPwI ssaian 3vauiMsaI A!trwS sup Puv aioN aqi tapun pais8tigo aq of anugvao n!en takwtrog ivatuMsvI AiuroaS s!qi ut pue aioN aqi u[ apevt siuoumigs pas sosmtotd aqi [[g dawq oi' majsasti aqi sais8!Igo isgi pus topuvT of a[gsioB si isgi iuomaatSs aogd[unsse ae v8!s of aata;sveti aqi annbat Seat Dais tapna-l •uo!idmnm asol aqi of iamuoo s,topaa7 of vo!itpvoo s se a,; aigsvaseat a a8 tp Meat rapu7l `Mrl aigsogddy dq pou!auod iuaixa aqi o,L -tapuaZ of a[geida m s1 ivatunrisvl /iun=S s[[g at iaautaat8s to iueaanoo tae ;o gosalq s ;o tisu agi isgi paw vogdatnsse usoi agi Aq pat!edtut oq iou mA A!== s,taPuaZ isgi sau!tutaiaP Ajgsaoseat japan (N Pus `.amptreri aqi of apetu 8utaq atam aeoi nsav a ;! se aatalsasti papitaia[ aqi aisnisna o1 rapaw l Aq patcni»t vogsuuo?! tapaa-I of pauiaWns aq of sasnsa mmouog (e) aogdo s!qi aspoxo iou begs osis topua'I 'min a[gea ddV Xq pai!gtgotd si asnraxa got[s sapua•l Aq Pas!otaxa aq ion i[sgs aogdo s!qi `tanannog iaautnrisal SIuMS 81111 Aq Pwnoos stuns I[g 30 WV m iaaauted aie!pamm! atmbar Sum rapaa-l `mmuoa uappm Loud s,rapuvl inogitb ([»tra3sasri to p[OS of 12AWMOa v[ isarami p!ogsaoq a pue uostad iemisu a iou of tannattog 1.1 to) parra;saeti ro pios of 4tadatd agi at isataivl Sao to 14cadord aqi ;o sled Aus to IF I --- 'ON NVOI Fixed/Adjustable Rate Note Borrower's Promise to Pay Signed Brain D. DeMeester Pages 1-4 Located in Exhibit B Exhibit 4 FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT (MADE IN COMPLIANCE WITH FEDERAL LAW) Lender/Broker: ADAMS COUNTY NATIONAL BANK Loan No.: Borrower(s): BRIAN D DEMEESTER Property Address: 379 OLD STATE ROAD GARDNERS, PA 17324 Date: 06/09/08 10 Initial Disclosure estimated at time of application ? Final Disclosure based on contract terms ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS PERCENTAGE RATE CHARGE The cost of your credit as a The dollar amount the credit will The amount of credit provided to The amount you will have paid yearly rate. cost you assuming the annual you or on your behalf as of loan after you have made all percentage rate does not closing. payments as scheduled change. assuming the annual percentage rate does not change. E E E E 5.390% $ 87084.85 $ 87594.71 $ 174679.56 YOUR PAYMENT SCHEDULE WILL BE: NUMBER OF ` AMOUNT OF MONTHLY PAYMENTS PAYMENTS PAYMENTS ARE DUE BEOBININO 84 515.88 0810112008 276 I 475.89 0810112015 ` Includes mortgage insurance premiums, excludes tram, hazard insurance or flood insurance. ? DEMAND FEATURE: This ban transaction has a demand feature. ® REQUIRED DEPOSIT: The annual percentage rate does not take into account your required deposit. ® VARIABLE RATE FEATURE: Your loan contains a Variable Rate Feature. Disclosures about the Variable Rate Feature have been provided to you separately. WEEKLY AVERAGE YIELD ON U S TREASURY SECURITIES ADJUSTED TO A CONSTANT MATURITY OF ONE YEAR SECURITY INTEREST: You are giving a security interest in: W Ilia goods or property being purchased. ? real property you already own. FILING OR RECORDING FEES: $150.00 LATE CHARGE: if a payment is more than 15 days late, you will be charged $ 25.79 / 5 % of the principal and interest past due. PREPAYMENT: If you pay off your loan early, you ? may will not have to pay a penalty. ? may will not be entitled to a refund of part of the finance charge. INSURANCE: Credit He, scaMsrrt, health or loss of Income Insurance Is not mgtdmd in connection wlth thk ban. This loan transaction rsquhes the fobwing insurance: ® Hazard Insurance ? Flood Insurance ? Private Mortgage Insurance ? Mutual Mortgage Insurance Borrower(s) may obtain hazard and flood insurance through any person of his/her choice provided said carrier meets the requirements of the Lender. If Borrower desires Property Insurance to be obtained through the Lender's designated agency, the cost will be set forth in a separate Insurance statement furnished by the Lender. ASSUMPTION: Someone buying your house ? may ? may, subject to conditions, ® may not assume the remainder of your loan on the original terms. See your contract documents for additional Information regarding nonpayment, default, right to accelerate the maturity of the obligation, prepayment rebates and penalties, and the Lender's policy regarding assumption of the obligation. ® all dates and numerical disclosures except late payment disclosures are estimates. E means an estimate. 'The undersigned hereby acknowledge receiving and reading a completed copy of this disclosure along with copies of the documents provided, The delivery and signing of this disclosure does not constitute an obligation on the part of the lender to make, or the Borrower(s) to accept, the loan as identified. - Read, acknowledged and accepted this day of BRIAN MEESTER (Borrower) By: JAMES E SHOWVAKER Tide: Borrower) (Borrower) (Borrower) REOZ50 (09/20021 Page 1 of 2 ??7 16 L I, 7 Federal Truth in Lending Disclosure Statement Signed Brian D. DeMeester Not submitted in Exhibit 1 Request to be submitted as evidence in Exhibit 4. Exhibit 4 GOOD FAITH ESTIMATE (Not a Loan Commitment) Lender: ADAMS COUNTY NATIONAL BANK Sales Price: 104000.00 Address: 675 OLD HARRISBURG ROAD Base Loan Amount: 88400,00 GETTYSBURG, PA 17325 Total Loan Amount: 88400,00 Applicant(s): BRIAN D DEMEESTER Interest Rate: 5,750 Type of Loan: Conventional Property Address: 378 OLD STATE ROAD Preparation Date: 06/08108 GARDNERS, PA 17324 Loan Number: The information provided below reflects estimates of the charges which you are likely to incur at the settlement of your loan. The fees listed are estimates - actual charges may be more or less. Your transaction may not involve a fee for every item listed. The numbers listed beside the estimates generally correspond to the numbered lines contained in the HUD-1 or HUD-IA settlement statement which you will be receiving at settlement. The HUD-1 or HUD-1A settlement statement will show you the actual cost of items paid at settlement. "A" designates those costs affecting APR. "P" designates compensation to Broker not paid out of Loan Proceeds. "(100.00 example)" designates those fees Paid Outside of Closing. 800 ITEMS PAYABLE IN CONNECTION WITH LOAN: 1000 RESERVES DEPOSITED WR'H LENDER: 801 A Origination Due Lender @ $ 1001 Hazard Insurance Impounds $ 802 A Discount @ $ 1002 A Mortgage Insurance Impounds $ 803 Appraisal Fee $ 350.00 1003 City Property Tax Impounds $ 804 Credit Report $ 16.56 1004 ^roperty Tax impounds $ 805 A Lender's Inspection Fee $ 1006 Annual Assessments $ 806 A Mortgage Insurance Application Fee $ 1006 Flood Insurance Impounds $ 807 A Assumption Fee $ 1007 $ 808 A Tax Service Contract $ 1008 $ 808 A Underwriting Review $ 275.00 1009 Aggregate Analysis Adjustment $ 810 Ad i i io F $ m strat n ee n A 811 A Application Fee $ 1100 TITLE CHARGES: 812 A Commitment Fee $ 1101 A Settlement or Closing Fee $ 813 A Warehouse Fee / Interest Differential $ 1102 Abstract or Title Search Fee $ 814 P Yield Sprd. Prem. % $ 1103 Title Examination Fee $ 815 P Serv. Rel. Prem. % $ $ 1104 Title Insurance Binder $ 816 A Origination Due Broker @ $ 1106 Document Preparation Fee $ 817 A FHA Upfront MIP / VA Funding Fee $ 1106 Notary Fee $ 20.00 818 A FLOOD CERTIFICATION $ 9.00 1107 A Attorney Fee $ 275.00 819 A OVERNIGHT EXPRESS FEE $ 34.50 1108 Title Insurance Premium $ 782.75 820 A $ 1111 Endorsement Fee $ 200.00 821 A $ 1112 CLOSING LETTER $ 35.00 822 A $ 823 A $ 1200 GOVERNMENT RECORDER AND TRANSFER CHARGES: 824 A $ 1201 Recording Fee $ 150.00 825 A $ 1202 City/County tax / stamps $ 1203 State tax / stamps $ 1040.00 1204 REAL ESTATE TAXES $ 80.00 ON ITEMS REQIHRED BY LENDER TO BE PAID N ADVANCE. 1300 ADDITIONAL SETTLEMENT CHARGES: 901 A Prepaid Interest 15 days @ $ 14.12 $ 211.78 1301 Survey $ 902 A Mortgage Insurance Premium $ 1302 Termite Inspection $ 903 Hazard Insurance Premium $ 420.00 1303 Property Inspection $ 904 Flood Insurance Premium $ 1304 Photo Fee $ 906 $ 1306 $ +306 FLOOD CERTIFICATION $ 1307 $ 1308 DOCUMENT PREPARATION FEE $ 85.00 TOTAL ESTIMATED MONTHLY PAYMENT: TOTAL ESTIMATED FUNDS NEEDED TO CLOSE: Principal and Interest $ 515.88 Total Purchase Price / Existing Payoff $ 104000.00 Real Estate Taxes $ 82.50 Estimated Closing Costs $ 3362.81 Hazard Insurance $ 35.00 Estimated Prepaid Items / Reserves $ 631.78 Mortgage Insurance $ -Total Paid Items & Subordinate Financing $ 17360.00 Homeowners Association Dues $ -Seller Paid Closing Costs $ Second Principal and Interest $ 108.71 -FHA UFMIPNA Funding Fee $ Other $ -Base Loan Amount $ 88400.00 TOTAL MONTHLY PAYMENT $ 742.08 TOTAL ESTIMATED FUNDS NEEDED TO CLOSE $ 2234.60 These estimates are provided pursuant to the Real Estate Settlement Procedures Act of 1974, as amended (RESPA). Additional information can be found in the HUD Special Information Booklet, which is to be provided to you by your Mortgage Broker or lender if your application is to purchase residential r eal property and the lender will take a first lien on the property. The ersi knowledges receipt of a copy of the Special Information Booklet "Settlement Costs," 1 ?- -^ - C4 Apply Date BRIAN D DEMEESTER Applicant Date This Good Faith Estimate is tieing provided by ADAMS COUNTY NATIONAL BANK Page 2 or 2 GFELENDI 02/06 Printed by The Loan Handler from Ellie Mae, Inc. - www.eiiismae.com Loan Number: • GOOD FAITH ESTIMATE LIST OF PROVIDERS THIS SECTION IS COMPLETED ONLY IF A PARTICULAR PROVIDER OF SERVICE IS REQUIRED. Listed below are providers of service which we required you to use. The charge(s) indicated in the Good Faith Estimate are based upon the corresponding charge(s) of the below designated providers. Service Provided: APPRAISAL Provider's Namb: Address: P O BOX 3129, GETTYSBURG A 17325 Phone Number: 717-339-5129 Desigrteted Item ID: 803 Relationship with Provider:BK FREQUENTLY USED IN LAST YR Service Provided: CREDIT BUREAU Provider's Name: EQI)IFAX Address: P O BOX 740341, ATLANTA GA 30374-0241 Phone Number: 800-685-1111 Designated Item ID: 804 Relationship with Provider:BK FREQUENTLY USED IN LAST YEAR Service Provided: Provider's Name: Address: Phone Number: Designated Item ID: Relationship with Provider: Service Provided: FLOOD CERTIFICATION Provider's Name: FIRST AMERICAN FLOOD DATA SERVICE Address: 1190213URNET ROAD, AUSTIN TX 78758 Phone Number: 806-221-8683 Designated Item ID: 1306 Relationship with Provider:BK FREQUENTLY USED IN LAST YR Service Provided: Provider's Name: Address: Phone Number: Designated Item ID: Relationship with Provider: Service Provided: Provider's Name: Address: Phone Number: Designated Item ID: Relationship with Provider: Service Provided: Provider's Name: Address: Phone Number: Designated Item ID: Relationship with Provider: Service Provided: Provider's Name: Address: Phone Number: Designated Item ID: Relationship with Provider: Service Provided: Provider's Name: Address: Phone Number: Designated Item ID: Relationship with Provider: Service Provided: Provider's Name: Address: Phone Number: Designated Item ID: Relationship with Provider: These estimates are provided pursuant to the Real Estate Settlement Procedures Act of "The undersigned hereby acknowledge receiving and reading a completed copy of this 1974, as amended (RESPA). Additional information can be found in the HUD Special disclosure along with copies of the documents provided. The delivery and signing of this Information Booldet, which is to be provided to you by your mortgage broker or lender, if disclosure does not constitute an obligation on the part of the Larder to make, or the your application is to purchase residential real property and the Lender will take first lion on Borrower(s) to accept, the kun as identified.' the property. © all dates and numerical disclosures are estimates E means estimate Read, acknowledged and accepted this day of Applicant BRIAN D DEMEEST R Date Applicant Date This List of Providers is furnished by ADAMS COUNTY NATIONAL BANK GFEPRVD 02/06 Printed by The Loan Handler from Ellie Mae, Inc. - www.elliemae.com Exhibit "A" Page 2 of 20 Thru Page 14 of 20 The three signature mortgage was never registered with the Register of Deeds in Cumberland County PA. My daughter had been told earlier, that because of her low income and an insufficient credit record she would not be allowed to sign the bank mortgage. Before any papers were signed, I was told by our realtor, Mr: Burl€stresw, that an error had been made in the Good Faith Estimate. The Mortgage would be cancelled unless I paid the extra $765.40 shortage. The Good Faith Estimate was $2,234.60.1 told our realtor that I would pay the extra money if the bank's representative agreed to put me tin the title. He agreed -and I paid him $3,000.00 in closing cost. Until this day I have never been told the nature of the shortage. At the closing of the Second I was told when I came into the meeting that my daughter needed to be present. I thought this rather strange due to the fact that I was co-signing for her. Mrs. Detweiler Help-U-Sell Realtor, for the Seller told us Exhibit "A" was o y to be and sue, any to sue, *At We 1WW t eo"WrA of t fffA mortgage. The three signature mortgage, which was never registered by the bank. We were never given copies of it. Three people were listed on this mortgage but the three names were never used in the ACNB 2009 Loan Annual Statement Only Brian D. mesa's nee is on that AGNB bank statememt, This entire document was taken under false pretenses. Why would I sign a mortgage when I was already on the Title. Wherefore, Brian D Demeester's name is the only name on the following document: 1. Instrument Number 200822500 certified by Robert E Ziegler, Recorder of Deeds, Cumberland County, PA. Wherefore, Brian D Demeester's name is the only signature on the following documents: 2. Fixed/Adjustable Rate Note 3. Federal Truth in Lending Statement 4. Good Faith Estimate Wherefore, Brian D Demeester's name is the only name on the following document: 5. Adams County National Bank's - 2009 Loan Annual Statement Wherefore, Brain D. Demeester signature on a Marital Settlement dated Dec 27, 2110. In page 2 paragraph 6. he accepted full monetary responsibility for the house. Wherefore The Plaintiff's Motion for Summary Judgment is asking only for a judgment against two of the three people involved in the foreclosure. Cumberland County Legal Document Instrument 200822599 show that Brian D. Demeester is the only mortgagor the property at 379 Old State Road Gardners Road PA 17324 James W. Featherer and Chrissy L. Demeester, respectfully requests that all charges against them be dropped or a hearing in court be scheduled. Exhibit 4 Respectfully submitted, ames Featherer 17454 New Bridge Road Spring Run, PA. 717-349-2924 f 19?i ' 2012 M.AY 14 PM 12: 3,-31 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYN A COUNT CIVIL ACTION - LAW S Y LYA Ft f A ACNB Bank, No. 12-1491 Civil Term Plaintiff, VS. Brian D. DeMeester, Action of Mortgage Foreclosure Chrissy L. DeMeester, and James W. Featherer, Defendants. PRAECIPE TO ENTER JUDGMENT BY DEFAULT To the Prothonotary: Enter judgment against Brian D. DeMeester, one of the Defendants above-named, for failure to plead to Plaintiff's complaint and assess damages at $93,844.48, plus interest from May 4, 2012, at a per diem rate of $13.50, 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 April 12, 2012, such date being more than twenty (20) days after the date of service of Plaintiff's complaint on March 8, 2012, and at least ten (10) days prior to the date of the filing of this praecipe. Dated: May 9 9 2012 PUHL, EASTMAN & THRASHER y:O'? z Z Richard E. Thrasher, Esquire Attorney ID# 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 ?Q/G.Sd 1cL? C4r,=Lq6t51 7n iz = -27 -T IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACNB Bank, Plaintiff, VS. Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. To: Brian D. DeMeester, Defendant No. 12-1491 Civil Term Action in Mortgage Foreclosure 924 Rockledge Drive, Carlisle, PA 17013 Date of Notice: April 12, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN I' 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 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 PURL, EASTMAN & TH SHER By: Richard E. Thrasher, Esquire Attorney ID# 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 m STdTis WW- PWMSERVFCE® Certificate O ?ffim; This Certificate o`Meiling provides evidence that mail t as be,n pmsented to I_Is r ma Jng Tres •orm may be used lonaomestic and irternanonal mail From PURL. EASTMAN A THRASHER m 220 Baltimore Street (DeMeester & Featherer#5387) TO Brian D. DeMeester 924 Rockledge Drive Carlisle, PA 17013 N O (D C, c> 5 ., S o ?_ INO PS Form 3817, April 2007 PSN 7530-02-000-9065 Date May 10, 2012 ACNB Bank, VS. Plaintiff/Creditor Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants/Debtors No. 12-1491 Civil Term NOTICE TO: Brian D. DeMeester 924 Rockledge Drive Carlisle, PA 17013 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on , 2012, a judgment was entered against you in this office in the proceeding as indicated above. Prothonotary Deputy Prothonotary Date mailed:`' mlPi, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted In triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY. Argument Court.) July 13, 2012 - - -- - --------- (List the within matter for iT" 9 5 Ft 2: Z CAPTION OF CASE (entire caption must be stated in full) ACINB Bank ?' BERLAND Caur? ?EF?PdSY?VANIA vs. Brian D. DeMeester, Chrissy L. DeMeester, and Jams W. Featherer No 12-1491 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion For Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Richard E. Thrasher, Esq. (Name and Address) 220 Baltimore Street, Gettysburg, PA 17325 (b) for defendants: Pro Se (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 13, 2012 Signature Print your name Richard E. Thrasher, Esq. May 24, 2012 Attorney for Plaintiff Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be flied with the COURT ADMINISTRATOR (not the Prothonotary) before argument 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument Is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. Rik- Q-? C 577 Z,,V 7-7-,fC- C,,Oaz-r 69F G/IflG ? G?l?/? L?r al AI& PZAW7;j?fF vs Ch??sSY t?w.n7ces?.,e. cLosu?- ftr. f -1 C J 1" C? -- •I Sa C_7 ANSWERS TO PLAINTIFF'S PRAECIPE TO LIST CASE FOR ARGUMENT 1. At no time since the original signing of the papers on June 27, 2008 until March 7, 2012; were Chrissy L. Demeester, or James W. Featherer, given any copies of the mortgage papers. All the copies were given to Brian D. Demeester; who left them behind in the house, when he moved out of the house . This move occurred about 2 to 3 weeks after he told her he no longer loved and wanted a divorce. Intend to Ask Mr. Showvador, ACNB Representative, and Mrs. Detweiler, Realtor, for the Seller. Please explain why copies of the mortgage papers were not provided. 2. Before any transactions began Mr. Burkstresser, our Realtor, was called to talk with Mr. Showvador. He was told that the mortgage closing cost were short $765.00. He was also told that unless someone came up with the extra amount, the sale of the house would be canceled. My daughter Chrissy was devastated at the thought of using her first home. I told Mr. Burkstresser to tell Mr. Showvador, that I would provide the extra $765.00 needed for the closing cost if my name was on the title.. Mr. Burkstresser said Mr. Showvador agreed to put my name on the title. Page 1 Mr. Featherer gave Mr. Burkstresser a check for $3,000.00. Mr. Burkstresser gave the check to Mr. Showstresser. 3. Intend to ask Mr. Showvador, please provide proof in the form of a detailed list of where the additional of $765.00; was spent above the Good Faith Estimate of $2234.60 in closing cost.. This represents a rather substantial increase a 34.24% in closing costs. (See Good Faith Estimate - Exhibit 1) Mr. Showvader Please provide ACNB Bank Records accounting for this substancial increase in closing cost. 3. The signing of the mortgage was started with the ACNB bank. Chrissy Demeester was informed that her presence was not required because she was not listed on the mortgage papers. She was told by Mr. Showvader her income was not high enough and her credit rating was too low. Brian D. Demeester was the only signature required. He is also the only name on the mortgage instrument 2008225500 plaintiff's Exhibit "A" page 20 of 20. (See Plaintiff's Exhibit "A" page 20 of 20 - EXHIBIT 2) 4. After a long wait Mrs. Detweiler called Mr. Featherer into the office area presumably to co-sign for Chrissy Demeester on the Second Mortgage. Page 2 Certainly not Chrissy L. Demeester - her salary was only about $23,000 dollars and her credit rating was to low. James Featherer had already been told by Mr. Showvader that he was being put on the Title. Who would sign onto a mortgage when they were already on the Title. Mr. Showvader, ACNB Bank representative, apparently, had in his hands a very risky first mortgage. Having helped Mr. Demeester with his income tax had an income of about $40,000.00. He might be inclined to protect his mortgage. Mrs. Detweiler, Realtor, may have assisted Mr. Showvador in the signing. I am sure having a friend in ACNB bank might make getting loans easier for her clients. The big question is why did Mr. Showvader not register this far more beneficial mortgage. It might be because you can't have two different recorded mortgages on the same property. However ACNB Bank has not produced a mortgage instrument registered with Chrissy L. Demeester or James W. Featherer listed as Mortgagor page 3 income tax, I know he had an income of about $40,000.00. d. Mrs. Detweiler, Realtor, may have assisted Mr. Showvador in the signing. Possibly might make getting loans easier for her clients at Help-U-Sell. 6. In Answer To: Plaintiff's Motion For Summary Judgment is a copy of the 2009 Annual Loan Statement addressed to Brian D. Demeester. shows his mortgage payments for 2009. His name is the only name on that official document used for IRS tax purposes. ( See Defendant Exhibit A attached) 7. On 5/14/2012 Mr. Brian D. Demeester was mailed an Important Notice 8. The Certified Mortgage Instrument #200822500 signed by Robert P. Ziegler, Recorder of Deeds , Cumberland County and sealed with the stamp of Cumberland County listed as Plaintiff's Exhibit "A" Page 20 of 20 has the Mortgagor listed as Brian D. Demeester. It is a Certified Page and May Not Be Detach as it is now part of the legal document. PA Writ Taxes and Cumberland County Fee have been paid. (Copy of Plaintiff's Exhibit "A" (Page 20 of 20) 9. ACNB Bank has not produced a Certified Mortgage Instrument, Signed by Robert P. Ziegler, Recorder of Deeds, Cumberland County with the Stamp of Cumberland County - With Chrissy L. Demeester or James W. Featherer listed as Mortgagor in the Plaintiff's Page 4 ANSWER To PLAINTIFF'S CASE LISTS WHEREFORE: Chrissy L. Demeester, Defendant, was told by James Showvader, she was ineligible to sign The Mortgage, because her income did not qualify, and her credit rating was too low. Approximately 2 hours she was asked to sign The Mortgage under the pretext that she had to know and was acknowledging, what was in The Mortgage, her husband, Brian had signed. 1. She was not provided a copy of this Mortgage. 2. A certified copy of this Mortgage listing her as a Mortgagor was not Listed in Plaintiffs Summary, although she is listed as a Defendant. 3. Her name is not listed on the 2009 ACNB Bank Mortgage Statement. 4. She was never told that her father, James W. Featherer would have to co-sign for her on The Mortgage. Wherefore: Chrissy L. Demeester does respectfully request that the Curt dismiss her from the charges against her; or that a Courtroom Hearing be scheduled, where she can solemnly swear in testimony to the Truthfulness of these Statements can be provided. Potzrl E _ Wherefore: Before the closing even started James Featherer was told via Wayne Burkstresser Chrissy's Realtor, that James Showvader ACNB Bank, that a mistake had been made in the closing cost of The Mortgage The error was approximately $765.00 (34.5% more) short and would be required, or the Mortgage would be cancelled and therefore the sale of therefore the sale of the house would be cancelled. My daughter Chrissy was devastated. After consulting with my wife, we agreed to pay the the $750.00 if my name went on the Title. James Showvader agreed and the Closing Started. Neither Chrissy Demeester or James Featherer signed any of the Prequalifying Mortgage Documents ( Good Faith Estimate or Federal Truth in Lending Statement provided prior to a Mortgage.) VI,IZR. Neither Chrissy Demeester or James Featherer wqs offered any ACNB Bank indoctrination before signing the mortgage. Neither Chrissy Demeester or James Featherer were given copies of any documentation by ACNB Bank after signing The Mortgage. A Certified Copy of the Mortgage signed by the Recorder of Deeds for Cumberland County with the name of James Featherer listed as Mortgagor was not included in Plaintiff's Summary Exhibit A. It is believed that James Showvader V.P. ACNB Bank and Karen Detwiler, Owner of of Help-u-Sell (Detwiler Realty) Carlisle PA. used False Pretenses to obtain the Signatures of Chrissy L. Demeester and James W. Featherer on the ACNB Bank Mortgage Instrument # and then failed to Certify the mortgage the at only contained the named of Brian D. Demeester. It is probably against state law to have two different Certified Mortgages on the same property. The three signatures Mortgage was probably was saved in case of foreclosure. A Certified mortgage recorded by the Register of Deeds Cumberland County PA. In the Plaintiff' Summary does not list Chrissy L. Demeester or James W. Featherer as Mortgagors. Wherefore: Chrissy L. Demeester and James W. Featherer requests The Court Of Common Pleas dismiss Case 12-1491 Civil Term against them. Sign Name Wa'?o.P?. Print Name (0 73 pM&- e5t"er Sign Na Print Name lkfwce-?c A 6i e, 2 _- e ppp ?GqO? 8 p p •? O N M M N N N tl? N N N N N N N N N N N N ° g 8 6 g ` d -8 8-N r r •-• Hs 18 8 •- r .- r r .- a" ?. V °$ ri .. N N N N N N N N N N N N N N N N N N N N N N M: - ° •a ?d?? W tv? - s q O ?- N P7 d' t0 m A C0 !'A O ?- N /7 J a d :.. ;+ O i I I I ICD ?1 ?? .? ^ 4^ CO CO^ r r• N N N N t m? m40? CO COW m O ma O ID t AA G? s V 1 11 T N N s r r !• ? p I I I I R I r r r p F? h R N N N N N a I? a cl N r e T T N "W"" N N N d O g z N N N N N Vol N N 11 1 G 0<. Y. P a8?? a?. golf e.= 00 r, A i 1 a I :1 ? ? P• ZIaGLER OF DUM C9t1RMp IMCOU111'j'Y CARLIKA A?ARE . 717-24"M low mmw?bm* .- s?or+«? o. ?r1r? At ?i ?s A? * r?? wca User ID- RAIL ADAM a)vjyHl?Al1? D * C . CAPITAL A? T OVAL HK s sun am/ACC=s 1,0 un van cur ¢o.so $10.00, $41.50 MCI a? u, Bono Ancamm Jun $11.50 $2.00 ANCRIM 43.00 20ML M= $60.30 DO NOT DETACH pw is iow pw Of " had dmmmt. 1 C*rft this to be rs©orded COMAY PA • _ L ANN" by an soon" davarlsomewpo Noun" INA* --m 913MIT RAW page 20 of .20 , w . ,3 fqo, /jL-- / yy j e.I*j Wlnr+eA" d i d ' -nt raqurest court to deny piarodff halm for relies; Responsive Pleaft n 1. Admit 3 rn•-r, 2. Admit Z? crsr'" "Orn tv MCM ?A. o =Q 3. Admit an 4. Admit ysx c: QrfI -r o x' S. Admit 6. Deny There wane two First Mortgages signed. First Mortgage #1 was geed only by Brien DeMse nw. It was completed with Aped by hiaL Borth a Federal Truth in Lau ft Stdonvo was completed. A Pronimmy Note was registered. Please See Exhibit B. My mother, my fatibx and I were told by my Realtor W. Budsweeser, , that ACNB would not put my name on the First Mortgege because I did not meat the ofiacame r?equirai ne uts or have the neousery aradit rating to sign the First Mortgage. Brun DaAdeester was called in and signed the Iirat Afirtgage, After a long break the Marge Procedure, continued with the Second bkwq e. Although we had been nodded that only Brien D&Uester and my Dad would be on the Second Mortgage. I was called in to sign papers There were a tat of papers in a pile. My Dad asked Mrs. Detweiller, Rmitor for the Seiler Well these p qxn were required for a Second Mortgage She stated tbay wane. My Dad and I both signed the papers. It turned out that NEW lot mortgage papers had been mvdW ad we were not notified about the change. My Dad found out that the papers were f dcued without a Truth in Lendiag Statement and had not been put on the Promissory Note had no notice one other incident happen bedore the signing of the Merges. .el , 4'• ' ay. W. Budmoerer came to in sad aid dm was a ntiWw is the pqm sod the wes a dwft a oftbm dwussod douses aeoeismy or die Mee wadd be cucalle8. No va m aftbe I ' 0 wss awrpiodtwed by Adsms C unty Heck I bed ban k olties pnwad sad Pleteri S nw ,', , oa lion is my Awt Noma 8 wv a -, Will a t We had bean Bfg is the attic of his puab home. W dad aie+ed to wine a obak Abr $3,00000. ifhis now was put an the 7W& The mp+esmeadve #x ACNB spied and rudve& a abed ibr $3,0010.00 ftm. my Dad. Until U* we Isms mm leaned the d WpodOon ofdo money. 7. Admk 8. Adtmb 9. Admit 10. Aandt 11. Admit 12. Admit CW(? 304) lz?t- CMWL. Da &oor 2M FJbMDdve t3mmbenbing PA 17201 PAGE /Z iak AI)Am aXW1YNATIONAL BANK & BSNATIONAL BANKOP NEWVEGIE A JW.W.* fAd,_ C.wy Ar d x.l a..I 'O BOX 3129 ?ETI'YSBURG PA 17325 ;888) 334-2262 'EDERAL BIN 23-0581360 2009 LOAN ANNUAL STATBKCNT BRIAN D DEMEESTER 379 OLD STATE RD GARDNERS PA 17324 PAGE 1 232-25-1858 Tote Number tote Amount 7491336 Note Date 08 06-26- Irincipal Balance 88,400.00 Date Last Active 1 0 01 -04-10 .%=rent Interest Rate 86,769.34 Interest Paid To 01-01-10 5.7500 Late Fees Due .00 '--------------------- POST DT -------- ------HISTORY ---------------------- -- ---------* E EFF DATE TC1 TRANS DESCRIPTION AMOUNT TYPE ' • , NE. iq BALANCE 01-02-09 01-01-09 080 REG PMT-DUE D 94.53 PRINCIPAL 87839.54 421.35 INTEREST 02-02-09 02-01-09 080 REG PMT-DUB D 03-02-09 03-01-09 080 REG PMT-DUB D 04-01-09 04-01-09 080 REG PMT-DUE D 05-01-09 05-01-09 080 REG PMT-DUE D 06-01-09 06-01-09 080 REG PMT-DUB D 07-01-09 07-01-09 080 RBG PMT-DUE D 08-03-09 08-01-09 080 REG PMT-DUE D 09-01-09 09-01-09 080 REG PMT-DUE D 10-01-09 10-01-09 080 REG PMT-DUE D 11-02-09 11-01-09 080 REG PMT-DUE D 12-01-09 12-01-09 080 RBG PMT-DUZ D 94.98 PRINCIPAL 87744.56 420.90 INTEREST 95.44 PRINCIPAL 87649.12 420.44 INTEREST 95.89 PRINCIPAL 87553.23 419.99 INTEREST 96.36 PRINCIPAL 87456.87 419.52 INTEREST 96.81 PRINCIPAL 87360.06 419.07 INTEREST 97.28 PRINCIPAL 87262.78 418.60 INTEREST 97.75 PRINCIPAL 87165.03 418.13 INTEREST 98.21 PRINCIPAL 87066.82 417.67 INTEREST 98.69 PRINCIPAL 86968.13 417.19 INTEREST 99.16 PRINCIPAL 86868.97 416.72 INTEREST 99.63 PRINCIPAL 86769.34 416.25 INTEREST 6i ik ADAMS COUNTY NA110NAL BANK & BUtMERS NAnONALBANKOF NEWVMU A Dh*i.. sfAd.. Gxx,y N.tpx.l dart PO BOX 3129 GETTYSBURG PA 17325 (888) 334-2262 FEDERAL EIN 23-0581360 PAGE 2 2009 LOAN ANNUAL STATEMENT BRIAN D DEMEESTER 379 OLD STATE RD GARDNERS PA 17324 232-25-1858 *----------------------IRS INFORMATION FOR TAX YEAR 2009-----------------------* Interest Paid 14 2009 5,025.83 Box 1 OMB NO. 1545-0901 Reportable Points Paid .00 Box 2 FORM 1098 Refund of Interest .00 Box 3 Mortgage Insurance .00 Box 4 Box 1 - Mortgage interest received from payer(s)/borrower(s) Box 2 - Points paid on purchase of principal residence Box 3 - Refund of overpaid interest Box 4 - Mortgage insurance premiums The information in boxes 1, 2, 3, and 4 is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if the IRS determines that an underpayment of tax results because you overstated a deduction for this mortgage interest or for these points or because you did not report this refund of interest on your return. ** Caution: the amount shown may not be fully deductible by you. Limits based on the loan amount and the cost and value of.the secured property may apply. Also, you may only deduct interest-to the extent it was incurred by you, actually paid by you, and not reimbursed by another person. This statement serves as your mortgage interest statement (FORM 1098). Copy B, for payer Keep for your records Department of the Treasury - Internal Revenue Service sL4V_?t t !?J V THE PPOTHOVOTAW-!* 2012 MAY 14 PM 12: 33 IN THE COURT OF COMMON P OF CUMBERLAND COUNTY, ? ANO Go CIVIL ACTION - LAW YLVANIA ACNB Bank, No. 12-1491 Civil Term Plaintiff, VS. Brian D. DeMeesster, Action of Mortgage Foreclosure Chrissy L. DeMeester, and James W. Featberer, . Defendants. To tie Protl?onotary: Enter judgment against Brian D. DeMoester, one of the Dehndents above-named, for failure to plead to Plaintiffs complaint and assess damages at $93,844.48, plus interest from May 4, 2012, at a per diem rate of S 13.50, any additional late charges, and oasts of suit. The wed does hereby certify that, purm arrt to Pa. R.C.P. 237. 1, written notice of intention to file this preecipe, a copy of which is attached ha+oto, was mailed to Defendants on April 12,201Z such date being more than twenty (20) bays altar the date of service of Plaintiff's complaint on March 8, 2012, and at least ten (10) days prior to the date of the filing of this pmecipe. PUHL, EASTMAN & THRASHER Dated: May 9 , 2012 r C4 Richard E. Thrasher, Esquire Attorney ID# 22904 Attorney for Plaintiff 220 Baltimore Street Oettysburg, PA 17325 (717) 334-2159 ?? nil (11:7 THE PR0TH01H0TAF,'-! IN THE COURT OF COMMON P 2017 MAY 14 PM 12: 30 EA& OF CUMBERLAND COUNTY, PENNS el" NO COUNTY CIVIL ACTION - LAW YLVANIA ACNB Bank, No. 12-1491 Civil Term Plaintiff, VS. Brian D. DeMeester, Action of Mortgage Formlosure Chrissy L. DeMeester, and James W. Feadmw, . Defendants. TORMAWNBRIMMEAMT To de ProthOUOtsry: Enter judgmast against Brian D. DeMeester, one of the Defendants above-named, for failure to plead to Plaintiff's complWm and assess at $93,844.48, phis interest from May 4, 2012, at a per diem rate of $13.50, any additional late cam, and costa of suit. The Undersigned does hereby certify that, puruvW 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 April 12, 2012, such doe being more thorn twenty (20) days after the date of service of Plaintiff's complaint on March 8, 2012, and at least ten (10) days prior to the date of the filing of this praccipe. PURL, EASTMAN dt THRASHER Dated: May .2012 PA?&.B:0-1EZ 1 Y Richard E. Thrasher, Esquire Attorney ID# 22904 A+ for Plainutiff .t,?. P- 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 I at TT- W /v1 2n7i-? r who WHEREAS nty of QmhodW and we W nothe w Jr- day of Sadmbar 2007 In fAk& S? of PeOM" Pa y ssParate and open from O&M other, as if we m y I(rne were single, WHEREAS, we ead4 have GXwclsed good faith and have made flair, accurate, and complete disclosure to each other regarding ail and propery matters pertaining to this marl settiemprd agreement; WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs, personal and real property, and finances; ; WHEREAS, ?vs muftu* intend this agreement to be a final disposition regarding the marital issues addressed herein and intend that this agreement be incorporated into any subsequent DECREE OF DIVORCE. THEREFORE, In exchange for the mutual promises herein contained, we agree to gve separately and to divide our property and finances according to the rdiowing mutually agreed upon terms and conditions: 1. REAL. ESTATE A RESIDENCE Husband and Wife own the following real property as their family residence, located at State Road. Gardrtens Pe 1 TXd 37 Husband and Wife agree that Wife shall continue to reside at the above mentioned family residence until the sale of the house or the 1'* of November, 2011, which ever shag come first Rights, responsibilities and expenses regarding the above mentioned family residence shag be distributed as follows: PAGE f initials Husband Wife 4g:?? lt]M IT non Husband shag be rib for and pay the following expenses regarding the family residence: One half of the mortgage, electric, garbage, home owner's In , property taxes, necessary home repairs until the divorce Is final or the house is sold, whichever occurs and firstnY After the divorce Is 11nal, Husband wig be responses or half of the mortgage, property tom, and vacates the Prop", at which time Husband will neresaary home repairs until the house saga or 1" of November, 2011, when the Wiese sale of the house and the Wife Is nAmmed from be responsible for an of the home bills until the responsibility of ail house bills. Wife shall be responsible for and pay the following expenses regarding the family residence: One half of the mortgage, etecdia, garbage, home owner's insurarx e, property taxes, and any necessary home repairs until the divorce Is final or the house is sold, whkhever ooc us first If Wife chooses to have extra bills not Included In this agreement, WNe agrees to be responsible for the bib entirely. Upon the 1 " of November, 2011, Wife agrees to move out of the house and turn full monetary amity over to Husband until the house Is sold. However, If Wife is able to afford the house on her own, she is entitled to take over the mortgage at her expanse (refinance, deed stop, etc.) before the 1 of November, 2011. 2) Sale of Home Upon sale of the house, the Husband and the Wife, agree io spilt the equity. it is agreed that the Husband and the Wife agree to Pay $1,000.00 each to James Feetherw (father of wh) to satisfy the ban towards the original down payment of the house If and only if there Is enough equity at the time of the safe. 2. PERSONAL PROPERTY A. HOUSEHOLD GOODS Husband and Wife jointly own the following household goods to be divided as follows: 1) To Husband: Couch, Clothing, Computer, DVD Collection, and the rest of the maberiai possession obtained before the marriage (coilec tables, sword collections, etc.) 2) To Wife: Kitchen appliances and dishes, Computer, Bedroom Fumlture, Clothing, DVD Collection, and the rest of the material possession obtained before the marriage (decorations, books, etc.) Initials Husband Wife V VU I TV "'W 3 ?--- S. HEALTH INSURANCE Husband and Wit agree as follows in mkftn to their MePective health carne coverage: Both ration of mi Will continue to carry hearth insunince coverage separately as dhne previous 10 the sepa 4. RETIREMENT PLAN A H her usband shaft pay to Wit the mount of $6,100.00, plus the Wevision and receiver will become B. W#b eve the settlement payment of $6,100.00 once the by the Husband. f Ittal Qivoroe Qecroe is received C. Wpb agrees to the amount and property and in ri pe fbr this eW"rrwt W106 will not Me fir uncontested l OUPP Y, must suq?port or any other support and ? oordwt for an papers in a timely nay as part of the agreement. S. NO HARASSMENT OR INTERFERENCE Neither party win in any manner harass, annoy or Interlbre with the other. 6. FINAL AGREEMENT. This agreement sets ibrth the entire agreement and undenatanding between the Husband and Wit relating to the sstUement of martini property and finances and supersedes all prior dieDU s between us. No modification of or amendment to this agreement nor any waiver of agreement, will be ~" union in writing signed by the party to be chwgWany rights . under this 7. ACKNOWLEDGEMENT Husband and Wfe acknowledge that each has entered Into this WMnft duress or undue Idiuenoe. Each undwatands his or her right to In good faith, without- any agreement reement and each has had the opportunity to seek lrrdependent thug this ag signino 8. CHOICE OF LAW IHu s a d and r& WM that this agreement shalt be governed and construed in -.dam with the of the monwealth of Pennsylvania. P Pf Cj4 e. 1 q lnftials Husband 4 BNADWQ EFFECT repnese"""* a$hO be drr b upon the PatIM and upon !heir helm, amcuWM S, euov WOO, slid asNpm or W 90 ENTRE Ate. wire ? COUNTY OF ENN riv T'hIs docw wtt ym mooed bait. me on ?? ? [do, by f 1. ' G?I7?CS?e [name of try seal, Nawnyl. Wit. SEAL (slOnahire of 14i'iloer) DAFM A. Wii. ltica6?q-RuW r swo d My #??)oL4mA*: ?w: - a4: ? file Cho iw?seith of Pannqtnnk My commission emft&. Qty Z( 6001 j PAS Hus*srod wits enns-m '3w )9 z,v 7"j?C CDtI??' 4? Co/ogo*anl {?LeAs f} cTlo4.0*? A?a L 7.1?.Oe,*Jj Vs ,n A:?- ,/-/ ?,ce cLosue?. f'? La 14.5 T-0 pen Vjg yA?'e 13u?'I<<s?"re.ss?R. i P,f t,4 mC= M r M :m , 'I'm 4XF ?" =C za 5;c ra x --+ w a AFFIDAVIT To whom it may concern: I recall in helping find a home/house for Chrissy Demeester. I was contacted by her father, James Featherer, a past client. I found Jim to be upstanding, honest and forth right, having worked through three real estate transactions with him. Chrissy's credit rating was less than 600 which would not allow her to "be on the loan". ACNB and Jim Showvaker arranged financing and the assumption was made that Jim feather, father would only guarantee the second mortgage by signing it and Brian Demeester would qualify on his own for the first (primary) mortgage. Unfortunately, I left the closing that afternoon early, and was not present for the finalization of all of the second mortgage documents. There was some change of final estimate of closing costs needed seemingly within the last day of final closing. .a ' With os Wayn erkstresser/GRI,CRS,Realtor SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY,?/GULQ /,? , 2012 Notary Public ' My commission expires NOTARIAL SEAL CHRISTIANA K MCCULLOH Notary Public MONTGOMERY TWP. FRANKLIN COUNTY My Commission Expires Apr 5, 2015 2 All, xlefeld)-S- ys /l?lees??2 cl G/ i/r2-, 7.?,'etoi J Losu?- PL l? ? nJT'? F? s PRA5C? P? TD nl %=rn C i? -VC-3 w -CD <ci .? ° CII) ?cz tit; LOAN NO. i F-4D/ADJUSTABLE RATE NG j (Otse-Year Treasury htdar - Rate Cap) THIS NOTE PROVIDES FOR A CHANGE IN MY FD= INTEREST RATE TO AN ADJUSTABLE ' RATE. TM "l+KlW IMM TIN AhMW MY 'lK,E DMMW amm i CHANGE AT ANY ONE TIME AND TIIR MAXIMUM RATS I MUST PAY. JUNE 27 . 2008 GETTYSBURG PA [Date] lab] (state) 379 OLD STATE ROAD GARDNERS, PA 17324 " MMperty Addreaa] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 88,400.00 (this amount is called "Principal'), plan interest, to the order of the Lender. The Lender is ADW8 COUNTY NATIONAL BANK, OORPORATION all payments under this Note in the form of cash, check or money order. I will make I understand that the Lt ruder 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 dulled the "Note Holder." 2. RGIRFST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5-750%- The interest rate I. WM pay may change to 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 T(B) of this Note. 3. PAS (A) Time and Place of Payments I wili lay pnocipaland i -by mk s>paymeet vimy youth. I will make my monthly payments on the first day of each month beginning on AUGUST 1 2008 . I will Mouthi" I- all of.the. aod,iateraat and :: deec;od below that I may owe under this Note. Each monthly payment will be applied ss of its scheduled due date and will be applied to interest before Principal. If, on - JULY 1 2038 ; I still owe amounts under this Note, I will amounts in full on that date, which is called the "Maturity Date." pay those I will make my monthly payments at ADAMS COUNTY NATIONAL BANK, PO BOX 3129,GETTYSBURG, PA 17325 or at a different place .if esquire by the Note Holder. (B) Amooat of My Initial Mouthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 515.88 (C) Moaddy Payment Ganges This amount may change. Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the dinged amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE IIT17REW RATS AND MONTHLY PAYMENT CHANGES (A) Clamp Data The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of JULY , 2018 , and the adjustable interest rate I will pay may change on that dal, every 12th month thereafter. Tbe.date:on_which-my=iuitWf=d=bterrat:=W.. adjustable interest rate could change 'o as e inter eat : rhtte, .and -tech date ginx¢hich ?QY (B) The hdez , is called a "Change Date," 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 Dote Molder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. MUi.TWATZ 1EWjAD7[MANA RAW NM'N-0Mr YEAR MMASURY IIM= I+titaek Mee lni. y j?,g? U111RTrP FORM 3522 1/91 FNMA352Z (1?J00) Page i ot4 tnhrF BBHIBIT "An LOAN NO. f 1 (G? Caicdwm of Cup" Bdon each Change Data, the Note Holder will calculate my am interest rate by adding TWO AMP THREE QUARIMR$ peraentw Ponta .{ 2.TQ0 %) to the Current Index. The Note Holder will then round the result of this addition to the nano one•dghth of one percentage point limb sated in Section 4(D) below, this rounded amount will be Subject to the The Note Holder will than determine the amount of the ? new interest tats umli! the neoct Change Date. ar principal that I an expected to owe at the ontWy Payment that aeaid be sufficient to repay than unpaid C3>sup Date in full on tine Maturity Date at my new interest we in mkstantially equal paymeots. The result of this calculation will be the new amount of my monthly payment. (D) Ibb en baomst Bate Mon" Th9 interest rate f am required to pay at the drat Change Dale will not be pea m than 7.750 % or Jess than 3.750 %. Tbeeeafter, my adj=Mft Interest rate will never be increased yr deereand on any single amp Date by anon than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. interest rate will never be greater than 11.700%. MY M Zffscd a haste of Cbsnges My new iUWW raft will became aft eft on each Chpeoge Date. I will pay tbLamonffi of new 1041110 ate. payment begmnhag on the fiat monthly payment date alter the Cheap Date until.tbe amount of my mouthty Payment C6monthly (P) No" of C'6mgna The Note Holder will deliver or mail to me a notice of any changes in ray initial ibed interest rare to an a*UWe interest raft and of any changes in my &#notable interest rate balm the effective date of any_dhange. The notice will include the amount of my monthly paymon, any luf cation rapired 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. S. BOiih3tOWilgt'S-RiGW T&PB310'A- I have the right to mien payments elf PniadPd at rial, time before they an due. A payment of hUcipa only a 'PrepaymeM 0 When I make A Fnpsyment, I will tell the Note Bolder in writing teat I ant is (mown as a payment as a Prepayment if I have not made all the monthly payments doe under'tlds Note.6 se. I may not desigoft I may make a fall Pm aymant or partial PMMymenta without pay* any Prepayment charge, The Note Holder will tae ??jmub to reduce the 10- of Pdndpd that I owe npder this Note.. MOWWW. the Note Holder may al * my 'M Abe PAPyvalat aare>Iauat betusee aP'Plybg my FIVPaynua W to reduce the Principal amount of this-Note. N-1 mdse a partial Prepsymeuk theca will be no t in the due dates of fry montidy my t payments Stet Change Date following my Parisi Prepayment- Hove?ever, any reduction due to my partial offiet by an interest tare increase. 6. LOAN CHARGES If a law, which applies to this loan and which new mahmun loan charges, is finally mteMded so that the interest or other low cbasges collected-or to .be.eolleeted ,in .ohnnecdon w- th -this loam exceed he Plod limits, dues: (*)any sla b Wall loa luau we be reduced by the amount necassmy to reissue the sharp to the permitted limit; and (b) any sumac already permitted limits will be ndimded to me. The Note Holder may choose to make this refund al I b trPdacip eated a a ? under this Note or by making a direct payment to me. If a rdwxt redames Priedpal ' dm reduct will be y re iucing the partial Prepayment. • 7. BORROWER'S FAUAM TO PAY AS =QUDtgD (A) Late Charges for Om d" payed If the Note Holder has not received the fall amount of any monthly payment by the and of 15 calendar days after the elate it is due, I will pay a Mtn dwV to the Note Holder. The amount of the dmrge will be 5.000 % of my overdue payment aid interest. I will pay this lte a charge promptly but only once on each late payment. If I do act pay the full amount of each monthly payment on the date it is due, I wilt be in default. (C) No" of Ddla"It If I am in default, the Note Holder may sand roe a wdtden notice telling me that U I do not the certain date, the Note Holder may require me to pay overdue amount by a the interest that I awe on that amount. pay iaety-the lisp amount of Prlndpal which has not been paid and all That date must be at laser 30 days afar the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder. Evan if, at a time when I am in default, the Note Holder dam not require me to pay immediately in full as desa tibed above, the Note Folder will still have the right to do so if I am in default at a later time. MMTWATE FEMVADAWAM3 RATE NOTX-ON&YSAR 1RZAStAtY VM=R gamin Mae ZAYSPTI' Po10N 3322 1/97 FNMA3= 02/00) diiTpr Pace 2 ar 1 r IrtiBa! BESIBIT '$" LOAN NO. l r M Nynshent of Note Holder's Costs sand E=gresses If the Note Holder has required me to pay immedistely m full as described above, the Note Holder Will have the right to mid lade by use _for -all -oaf Its costs and mpown in -eefierrmias ibis a to -the vseat not pr6fbked 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 and 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. Unteura.the Islets Holder mquitas a-different method, any notice that awes be Sim to the Note Holder under this Note will be given by MOD it by first dais 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 PMSONS UNDER TM8 NOTE If more than one perm signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obfigailed to -do these lhkV. Any person who toes over these obligations, in hit the obligations of a guarantor, surety or endorser of this Note, is also obligated to beep 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 tinder this Nate waive the .r400 of _Pmaeutment and Notice of . "Preset" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice io other persons that amounts due have not been paid. 11. UNUFORM SECURED NOTL This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, p o the Mote Holder from possible losses which might result if I do not keep the promises which I make in t his Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in Ml of an AMMOUI-QW&ROAM this Note- Sm nf OM MM (A) 'Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated w Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: Thmster of the Property or a Beaef3 W Interee 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 band for deed, contract for deed, installment sales contract or sew 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 transferral) without Lender's prior written consent, Lender may require immediate payment in fall of all suns secured by this Security Instrument. However, this option shall not be exercised by Lander if suds 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 leas than 34 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 rote under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Ihhctranr nt described in Section 11(A) above shall then cease to be in effect, and Uniform -Covenant 18 of the Seeurity hobvment W instead read as follows: 1Yaosfer of the Property or a Bewfichd 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, MMTISTATne FI7MMADAWANA RATE NOTS-ONZYZAR TSXASQRY MK&Fnene Mee rA1?1'r!' 1TORly 3al"2 Ilal FNMA3= (22" P%p 3 or 4 - ? Initid gym IT -B- Addendum 1 This is the only Promissory Note in the Plaintiff's Motion for Summary Judgment. It is signed by only Brian D. Demeester. Why is there no Promissary Notes signed by Chrissy L. Demeester James W. Featherer in the Plaintiff's Motion for Summary Judgment? n 3 Z?rV 1-74C- C?I)Ceg"-r A)V ?C A/Ig SR>?lC PLAr?1T< FF vs ?jd? LSD ? ? Z ?116/00 e-L p,,e- F4e-'(V 4- ?-069 fZ C, 4& j ? ' hR C Sv.'J W i Y / rri t" n x C -?- rz w - 5c N ) Station Name: CLE002WA2971512 Date: 6/21/2012 Time: 10:12:16 AM IRPTR9000000 *(TY2009) PAGE 0001 OF 0010 DOCUMENT TYPE: 5498 PAYEE ENTITY DATA: JAMES W FEATHERER 17454 NEW BRIDGE RD SPRING RUN STATE: PA ZIP: 17262-0000 ACCOUNT NUMBER: PAYER ENTITY DA 0552743 EQUITY TRUST COMPANY DBA STERLING TRUST CUSTODIAN PO BOX 2526 WACO TX 76702 RD IRA CTB....... FMV ACCT........ IRA CODE: CHECKED SEP CODE: NOT CHECKED SIMPLE CODE: NOT CHECKED ROTH IRA CODE: NOT CHECKED RMD FOR SUBSEQUENT YEAR: NOT CHECKED ***********'?**************** TAXPAYER COPY Station Name: CLE002WA2971512 Date: 6/21/2012 Time: 10:12:19 AM IRPTRN04534979802009000000 '°(TY2009) DOCUMENT TYPE: 5498 PAYEE ENTITY DATA: 045-34-9798 JAMES W FEATHERER 17454 NEW BRIDGE RD SPRING RUN STATE: PA ZIP: 17 -9706 ACCOUNT NUMBER: PAYER ENTITY DATA. VANGUARD FIDUCIARY TRUST CO PO BOX 2600 VM 909 VALLEY FORGE PA 19482 FMV ACCT........ PAGE 0002 OF 0010 IRA CODE: CHECKED SEP CODE: NOT CHECKED SIMPLE CODE: NOT CHECKED ROTH IRA CODE: NOT CHECKED RMD FOR SUBSEQUENT YEAR: NOT CHECKED * TAXPAYER COPY* station Name: CLE002WA2971512 Date: 6/21/2012 Time: 10:12:22 AM :RPTRt 009000000 *(TY2009) PAGE 0003 of 0010 DOCUMENT TYPE: 1098 'AYER/BORROWER: JAMES W FEATHERER 17454 NEW BRIDGE ROAD SPRING RUN , +L STATE: PA ZIP: 172 -0000 \CCOUNT NUMBER: tECIPIENT/LENDE . NAVY FEDERAL CREDIT UNION P 0 BOX 3302 MERRIFIELD VA 22119 MTG INT PD....... **************************** TAXPAYER COPY ************************* station Name: CLE002WA2971512 Date: 6/21/2012 Time: 10:12:24 AM IRPTR 009000000 *(TY2009) PAGE 0004 OF 0010 DOCUMENT TYPE: 1098 PAYER/BORROWER: JAMES W FEATHERER 17454 NEW BRIDGE ROAD SPRING RUN STATE: PA ZIP: 17262-9706 ACCOUNT NUMBER: RECIPIENT/LENDER: 0 *16705 NAVY FEDERAL CREDIT UNION P 0 Box 3302 MERRIFIELD VA 22119 MTG INT PD........ 111W **** TAXPAYER COPY station Name: CLE002WA2971512 Date: IRPTR 000000 DOCUMENT TYPE: SSA-109 ?? PAYEE ENTITY DATA: JAMES W FEATHERER JAMES W FEATHERER JR 17454 NEW BRIDGE RD SPRING RUN STATE: PA ZIP: 17262-0000 ACCOUNT NUMBER: N/A PAYER ENTITY DATA: SOCIAL SECURITY ADMINISTRA ION FED TAX WH....... PENS/ANN......... 6/21/2012 Time: 10:12:26 AM *(TY2009) PAGE 0005 OF 0010 TRUST FUND: RETIREMENT SSA/RRB PAYMENTS: EITHER SSA OR RRB ********** TAXPAYER COPY ** Station Name: CLE002WA2971512 Date: 6/21/2012 Time: 10:12:30 AM IRPTR2009000000 *(TY2009) DOCUMENT TYPE: 1099-R PAYEE ENTITY DATA: 045-34-9798 JAMES W FEATHERER JR 17454 NEW BRIDGE RD SPRING RUN STATE: PA ZIP: 17262-0000 ACCOUNT NUMBER: PAYER ENTITY DATA: MASTERS MATES AND PILO WENS N PLAN 700 MARITIME BOULEVARD SUITE A LINTHICUM HEIGHTS MD 21090 FED TAX WH...... . GROSS DIST...... TAXBLE AMT....... PAGE 0008 OF 0010 IRA/SEP/SIMP: NOT CHECKED TOTAL DISTRIBUTION: NOT CHECKED TAX AMT UNDETERMINED: NOT CHECKED DISTRIBUTION CODE (BELOW): 7 NORMAL DISTRIBUTION DISTRIBUTION CODE (BELOW): ONLY ONE CODE ENTERED *********sr TAXPAYER COPY ?:t* Stati LE002WA2971512 Date: 6/21/2012 Time: 10:12:31 AM IRPTR 2009000000 *(TY2009) PAGE 0009 of 0010 DOCUMENT TYPE: 1099-R PAYEE ENTITY DATA: 045-34-9798 JAMES W FEATHERER 17454 NEW BRIDGE RD SPRING RUN STATE: PA ZIP: 17262-9706 IRA/SEP/SIMP: CHECKED TOTAL DISTRIBUTION: NOT CHECKED ACCOUNT NUMBER: TAX AMT UNDETERMINED: CHECKED PAYER ENTITY DATA: 6409 VANGUARD FIDUCIARY TRUST CO DISTRIBUTION CODE (BELOW): PO BOX 2600 VM 909 7 NORMAL DISTRIBUTION VALLEY FORGE PA 19482 DISTRIBUTION CODE (BELOW): ONLY ONE CODE ENTERED FED TAX WH...... .. GROSS DIST...... TAXBLE AMT...... **** TAXPAYER COPY***** Station Name. CLE002WA2971512 Date: 6/21/2012 Time: 10:12:32 AM IRPTRN 9000000 *(TY2009) DOCUMENT TYPE: 1099-R PAYEE ENTITY DATA: 045-34-9798 JAMES W FEATHERER 17454 NEW BRIDGE RD SPRING RUN PA 17262 SPRING RUN STATE: PA ZIP: 17262-0000 ACCOUNT NUMBER: PAYER ENTITY DA 083699 U S OFFICE OF PERSONNEL MANAGEMENT 1900 E ST NW ROOM 3H35 ATTN OCFO BUFSG WA 00000 FED TAX WH..... . EMP CTB........ GROSS DIST..... . PAGE 0010 OF 0010 IRA/SEP/SIMP: NOT CHECKED TOTAL DISTRIBUTION: NOT CHECKED TAX AMT UNDETERMINED: CHECKED DISTRIBUTION CODE (BELOW): 7 NORMAL DISTRIBUTION DISTRIBUTION CODE (BELOW): ONLY ONE CODE ENTERED TAXPAYER COPY **************************** e Station Name: CLE002WA2971512 Date: 6/21/2012 Time: 10:12:33 AM IRPTR 009000000 **(TY2009) IRMF ON LINE TRANSCRIPT SYSTEM SUMMARY*** TIN- TIN TYPE AND VALIDITY- 0 DOCUMENT CODE- 00 GROUP GROUP AMOUNT INTEREST........ GR PEN/IRA...... FED TAX WH...... MTG INT PD...... GROSS DIST...... TXABLE DIST..... 10 DOCS ENTER=PAYE(E),PAYE(R),(0)NLINE,(W)HITE OUT,IRPO(L),HARD(C)OPY OR (H)ELP ADAMS 00LIM Y NATIONAL BANK & BU MFRS NATTONALBANKOF NEWVIILE A Dtrhion *fAdew: C*Rrq NiHrxd Birk 'O BOX 3129 'ETTYSBURG PA 17325 ;888) 334-2262 'EDERAL EIN 23-0581360 2009 LOAN ANNUAL STATEMENT BRIAN D DEMEESTER 379 OLD STATE RD GARDNERS PA 17324 IA--4 F? L... )C 40- /1 1 b if R- PAGE 1 232-25-1858 See p?,?. ? Tote Number 7491336 Note Date 06-26-08 Tote Amount 88,400.00 Date Last Active 01-04-10 )rincipal Balance 86,769.34 Interest Paid To 01-01-10 :anent Interest Rate 5.7500 Late Fees Due .00 -----------------------------------HISTORY------------------------------------* POST DTE EFF DATE TC1 TRANS DESCRIPTION AMOUNT TYPE NEW BALANCE 01-02-09 01-01-09 080 REG PMT-DUE D 94.53 PRINCIPAL 87839.54 421.35 INTEREST 02-02-09 02-01-09 080 REG PMT-DUE D 94.98 PRINCIPAL 87744.56 420.90 INTEREST 03-02-09 03-01-09 080 REG PMT-DUE D 95.44 PRINCIPAL 87649.12 420.44 INTEREST 04-01-09 04-01-09 080 REG PMT-DUE D 95.89 PRINCIPAL 87553.23 419.99 INTEREST 05-01-09 05-01-09 080 REG PMT-DUE D 06-01-09 06-01-09 080 RE?G PMT-DUE D 96.36 PRINCIPAL 87456.87 419.52 INTEREST 96.81 PRINCIPAL 87360.06 419.07 INTEREST 07-01-09 07-01-09 080 REG PMT-DUE D 08-03-09 08-01-09 080 REG PMT-DUE D 09-01-09 09-01-09 080 REG PMT-DUE D I 10-01-09 10-01-09 080 REG PMT-DUE D 11-02-09 11-01-09 080 REG PMT-DUE D 12-01-09 12-01-09 080 REG PMT-DUE D 97.28 PRINCIPAL 87262.78 418.60 INTEREST 97.75 PRINCIPAL 87165.03 418.13 INTEREST 98.21 PRINCIPAL 87066.82 417.67 INTEREST 98.69 PRINCIPAL 86968.13 417.19 INTEREST 99.16 PRINCIPAL 86868.97 416.72 INTEREST 99.63 PRINCIPAL 86769.34 416.25 INTEREST AOAW COUNTY NATIONAL BANK & ? =??... MMERS NAnONALBAN)COF County Bank PO BOX 3129 GETTYSBURG PA 17325 (888) 334-2262 FEDERAL EIN 23-0581360 PAGE 2 2009 LOAN ANNUAL STATEMENT BRIAN D DEMEESTER 379 OLD STATE RD GARDNERS PA 17324 232-25-1858 *---------------------- IRS INFORMATION FOR TAX YEAR 2009-----------------------* Interest Paid Irk 2009 5,025.83 Box 1 OMB NO. 2545-0901 Reportable Points Paid .00 Box 2 FORM logs Refund of Interest .00 Box 3 Mortgage Insurance .00 Box 4 Box 1 - Mortgage interest received from payer(s)/borrower(s) Box 2 - Points paid on purchase of principal residence Box 3 - Refund of overpaid interest Box 4 - Mortgage insurance premiums The information in boxes 1, 2, 3, and 4 is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if the IRS determines that an underpayment of tax results because you overstated a deduction for this mortgage interest or for these points or because you did not report this refund of interest on your return. ** Caution: the amount shown may not be fully deductible by you. Limits based on the loan amount and the cost and value of the secured property may apply. Also, you may only deduct interest-to the extent it was incurred by you, actually paid by you, and not reimbursed by another person. Tnis statement serves as your mortgage interest statement (FORM 1098). Copy B, for payer Keep for your records Department of the Treasury - Internal Revenue Service p4z?& /V IRS Report- No IRS FORM 1098 Filed I called IRS at 800-829-1040 and talked to Agent 10013067141 asked if there was a 2009 Loan Annual Statement from Adams County National Bank Loan # 7491336 in the amount of $88,400 filed under my name She said the only mortgage listed under my name was with Navy Federal Credit Union. This loan is my house loan. 0 ZIV 77.10 30u?-r oF c&A9e*a.1 ?OZ-e'#4S t*4 ?C A 1A PZ-ooerIJ7;jl:0-7F vs let 5:5.- 5Z?t cIYiG T?.e.*iJ &,?Aow Of R-e GG.05clR?- -Dz5wne??AIP4NAI-S 25"'M /V-r kecclveD C" :v r ?- x Y r ? ...tom C..E] r...? 3 Page 1 of 2 Chrissy? D From: "Brian DeMeester" <misfit77.138@gmail.com> Date: Wednesday, June 27, 2012 11:07 PM To: "James Featherer" <J.Featherer@yahoo.com>; "Chrissy D" <xalifenotyoursx@gmail.com>; <chrissy id82@gmail.com> Subject: House Info I noticed you guys are arguing the foreclosure and read through all the documents you provided the court I also talked to ACNB's lawyers today to find out what was going on after receiving a notice of argument. I didn't understand what it was. You seem to be confused about what's going on. You guys are both on the mortgage, therefor you HAVE to be listed in the suit (you have an interest in the property). You are not responsible for any money(didn't sign the note). The bank needs the judgement to foreclose on the house and move it to sheriff sale, that's all. I'm the only one on the NOTE, which means I'm the only person RESPONSIBLE for the consequences of foreclosure on the 1st mortgage. Nobody has any clue why youwrote that very amateur argument. You are missing punctuation, some sentences make no sense at all and names are spelled wrong through out. You guys are not in any trouble, your credit scores will be unaffected and you owe no money. You're costing yourselves money by arguing about a standard procedure foreclosure. I know the papers that come in the mail are scary looking but I'm the only one responsible. I don't know what you are trying to accomplish with your argument All 3 of you signed and initialed the mortgage papers for both mortgages. Chrissy had copies of them in the filing cabinet the whole marriage, plus they are public record. I have all of them sitting right in front of me, that I took from the filing cabinet I've seen the mortgages and I've seen Nothing was signed without your knowledge. Your arguments have major contradictions through out. You keep mentioning in the paper about signing the mortgage. You repeatedly used the word mortgage where you should of used the word note, or promissory note in your documents. They are different. The note states who is financially responsible for the loan. (ME) The mortgage just basically states that if the house is not paid for, the collateral is the house and will be taken from all owners. You guys are on the deed, so you are on the mortgage. So that the bank can take the house if anything goes wrong. If you didn't sign a mortgage the bank could not take the house from you. You argued about the good faith estimate. The good faith estimate has nothing to do with you. You were not on the note. It was MY loan. You provided bank statements from 2009 from MY account for MY loan. I do not have to show up for this argument but after reading the argument I think I may go, to defend the bank. I will do what I can for them to proceed with foreclosure. I'll be happy to 6/28/2012 Page 2 of 2 testify to the truth! There is a lot of what seems to be ignorance in this process and it shows in your documents. I'll be surprised if you're not laughed at. Sorry but you seemed drunk when you wrote half of it. James is claiming there was a shortage of $765, then, in the same paragraph he claims to have agreed to pay $750, and then chrissy's childish, begging for pity, statement it says there was a shortage of $3,000? That she wanted to use to decorate the house? She didn't have $30 let alone $3,000 to decorate the house. As far as I know there was no agreement to give her $3,000 to decorate either. All this after claiming for the past year the $3,000 was the down payment on the house. I have every email and text message exchanged available. If I remember correctly Mary paid closing costs. Chrissy and I BOTH sat in the office and decided she wasn't going to sign for the loan (note). I specifically remember the conversation and talking about over due bills she had. You signed the MORTGAGE at closing. It doesn't matter where, when or with who I signed the note. You act like you didn't know what you were signing in that "big stack of papers" but every paper you signed was explained to you at closing, in front of many witnesses. You are asking them to dismiss a foreclosure. Unless you pay for the house in full, it's going into foreclosure. You guys aren't responsible for paying for the house, so I don't pay, they take the house. I also have a phone recording of James telling me to let the bank take the house if I can't pay for it They only want the property. The only valid complaint I see in the documents is where I am the only one named as a mortgager. Although I have no idea what that document was because it was only I page out of 20. Next time try hiring a lawyer to write up your papers. You should probably read about foreclosures as well as the difference between a note and a mortgage and what they are. I'd suggest(based on the documents you filed) you drop it and let the foreclosure continue and stop holding everything up needlessly. If you're trying to walk away with a free house, well, good luck. This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake, please let me know by e-mail reply and delete it from your system; you may not copy this message or disclose its contents to anyone. [?' ? 41 P0TH0kTfir,'-, 2017 MAY 14 PM 12: 38 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSIYAW&AND COUNTY CIVIL ACTION _LAW ACNB Bank, No. 12-1491 Civil Term Plainth% V& Brian D. DeMeester, Action of Mortgage Foreclosure Chrissy L. DeMaster, and James W. Feadwrer, . Defendants. MAXOMIUMMERGNMIM2RAW Ts tie h %P%dMWG tW 0 Enter judgmat against Brian D. DeMeeater, one of the Defdants abovanamed, for failure to plead to Plaintff's complaint and assess damages at $93,844.48, plus interest fi+om May 4, 2012, at a per diem rate of $13.50, any additional late cbagpx, and costs of suit. The Umdef3i8ned does hereby certify that ptMW= to Pa. R.C.P. 237.1, written notice of intention to file this praec4w, a copy of which is attached hereto, was mailed to Defendants on April 12, 2012, such date being mom dw twanty (20) days after the date of service ofPlai dWs, complaint on March 8, 2012, and at least ten (10) days prior to the date of the filing of this praecipe. PURL, EASTMAN dt THRASHER Dates: May 9 .2012 By: Richard E. Tom, Esquire Attorney IID# 22904 Attorney for Plaintiff ?. 220 Baltimore Sava Gettysburg, PA 17325 (717) 3342159 Email from Brian D. Demeester Chrissy L. Demeester and James W. Featherer received the following Email from Brian D. Demeester on June 27, 2012 He stated that he had talked to ACNB Bank lawyers The meeting seems rather strange after he received a Praecipe to enter a Judgment by Default from them dated May, 2012. The Email clearly implies, all that was discussed Chrissy and my case He states that we have no monetary responsibility and he is the only one responsible for the consequences of foreclosure. Certainly that information has not been provided to us by ACNB Bank. He says that he may go to our Argument in order to defend the Bank. Strange arrangement considering his Judgment by Default is an award to the ACNB Bank. He says he will be happy to testify for them. -r' ??' comr?ia.???S Gi r/r? ? c7lo??- L•g t? ??Alg vs Stde G /lw 2PL N Ck r ? i cn -o; r' vrL- le- 57 ?- / is 2."t' aT7 fs A4 MZ5 1--& 1, I Mr. Featherer gave Mr. Burkstresser a check for $3,000.00. Mr. Burkstresser gave the check to Mr. Showstresser. 3. Intend to ask Mr. Showvador, please provide proof in the form of a detailed list of where the additional of $765.00; was spent above the Good Faith Estimate of $2234.60 in closing cost.. This represents a rather substantial increase a 34.24% in closing costs. (See Good Faith Estimate - Exhibit 1) Mr. Showvader Please provide ACNB Bank Records accounting for this substancial increase in closing cost. 3. The signing of the mortgage was started with the ACNB bank. Chrissy Demeester was informed that her presence was not required because she was not listed on the mortgage papers. She was told by Mr. Showvader her income was not high enough and her credit rating was too low. Brian D. Demeester was the only signature required. He is also the only name on the mortgage instrument 2008225500 plaintiff's Exhibit "A" page 20 of 20. (See Plaintiff's Exhibit "A" page 20 of 20 - EXHIBIT 2) 4. After a long wait Mrs. Detweiler called Mr. Featherer into the office area presumably to co-sign for Chrissy Demeester on the Second Mortgage. Page 2 f sr-, D e-,q r-r- Mr. Showvador agreed and said my name would be place on the title. Mr. Featherer gave Mr. Burkstresser a check for $3,000.00. Mr. Burkstresser gave the check to Mr. Showstresser and the closing commenced. 2.1VIi: Showvador please provide proof in the form of a detailed list of where the additional of $765.00; spent above the Good Faith Estimate of $2234.60. This represents a rather substantial a 34.24% increase in closing costs. (See Good Faith Estimate - Exhibit 1) 3. The signing of the mortgage was started with the ACNB bank. Chrissy Demeester was informed that her presence was not required because she was not listed on the mortgage papers. She was declared by W Showvader to have too small of an income and an insufficient credit rating. Brian D. Demeester was the only signatures required. He is also the only name on the mortgage instrument 2008225500 plaintiff's Exhibit "A" page 20 of 20. (See Plaintiff's Exhibit "A" page 20 of 20 - EXHIBIT 2) The three signature was created as explained in Responsive Pleading Exhibit paragraph 6. - Deny Attached. signed Chrissy L. Demeester. ( See Responsive Pleading - Exhibit 2, Who had the most to gain from this mortgage? Page 2 ACNB BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN D. DEMEESTER, NO. 2012 - 1491 CIVIL CHRISSY L. DEMEESTER : & JAMES W. FEATHERER,: CIVIL ACTION - LAW Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, PLACEY, JJ. ORDER OF COURT AND NOW, this 27TH day of JULY, 2012, upon consideration of Plaintiff's Motion for Summary Judgment and Defendants' reply thereto, as well as having reviewed the briefs filed by the parties in support of their respective positions and having heard argument thereon, it is hereby ordered that the motion is GRANTED to Defendants Chrissy L. DeMeester and James W. Featherer. Richard E. Thrasher, Esquire 220 Baltimore Street Gettysburg, Pa. 17325 j/ Chrissy L. DeMeester 2895 Fillmore Drive Chambersburg, Pa. 17201 c" James W. Featherer 17454 New Bridge Road Spring Run, Pa. 17262-9706 ?/ Court Administrator ald 1 op"C5 ,- jej1 713d11oZ By the Court, Edward E. Guido, J. `-, c.. -es ?r ry C7. ?a W O cn SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I ► Sheriff tis4 at C11114b," � ���� t'ki(j Jody S Smith �3 Chief Deputy A c'; r Richard W Stewart Solicitor OP F-"F- j'�IF 5.-ER€F PENNSYLVANIA ACNB Bank Case Number vs. 2012-1491 Brian D DeMeester(et al.) SHERIFF'S RETURN OF SERVICE 12/31/2012 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: Chrissy L. Demeester, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 12/31/2012 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: James W. Featherer, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/02/2013 12:11 PM - Deputy Amanda Cobaugh, 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 379 Old State Road, Gardners, PA 17324, Cumberland County. 01/04/2013 08:45 PM - Deputy William Cline, 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: Brian D DeMeester at 924 Rockledge Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County. 02/12/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Franklin County upon James W. Featherer, personally, at 17454 New Bridge Road, Spring Run, PA 17262. So Answers: Kenneth Hall, Deputy, Sherif on January 24, 2013. 02/12/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Franklin County upon Chrissy L. Demeester, personally, at the Franklin County Sheriff's Office, 157 Lincoln Way East, Chambersburg, PA 17201 on January 29, 2013. So Answers: Brian J. Cramer, Deputy Sheriff. 03/07/2013 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, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Richard Thrasher, on behalf of ACNB Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,869.47 SO ANSWERS, 0,/e r April 04, 2013 ,�'o� f2 RbNW R ANDERSON, SHERIFF ys SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I ► Sheriff tis4 at C11114b," � ���� t'ki(j Jody S Smith �3 Chief Deputy A c'; r Richard W Stewart Solicitor OP F-"F- j'�IF 5.-ER€F PENNSYLVANIA ACNB Bank Case Number vs. 2012-1491 Brian D DeMeester(et al.) SHERIFF'S RETURN OF SERVICE 12/31/2012 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: Chrissy L. Demeester, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 12/31/2012 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: James W. Featherer, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/02/2013 12:11 PM - Deputy Amanda Cobaugh, 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 379 Old State Road, Gardners, PA 17324, Cumberland County. 01/04/2013 08:45 PM - Deputy William Cline, 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: Brian D DeMeester at 924 Rockledge Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County. 02/12/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Franklin County upon James W. Featherer, personally, at 17454 New Bridge Road, Spring Run, PA 17262. So Answers: Kenneth Hall, Deputy, Sherif on January 24, 2013. 02/12/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Franklin County upon Chrissy L. Demeester, personally, at the Franklin County Sheriff's Office, 157 Lincoln Way East, Chambersburg, PA 17201 on January 29, 2013. So Answers: Brian J. Cramer, Deputy Sheriff. 03/07/2013 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, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Richard Thrasher, on behalf of ACNB Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,869.47 SO ANSWERS, 0,/e r April 04, 2013 ,�'o� f2 RbNW R ANDERSON, SHERIFF ys COPY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACNB Bank, No. 12-1491 Civil Term Plaintiff, vs. Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer, Defendants. I AFFIDAVIT PURSUANT TO RULE 3129.1 ACNB Bank, Plaintiff in the 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 I on Exhibit "A" attached hereto. 1. Names and residence address of owners: ! Brian D. DeMeester 924 Rockledge Drive Carlisle, PA 17013 li Chrissy L. DeMeester 2895 Fillmore Drive i Chambersburg,PA 17201 James W. Featherer 17454 New Bridge Road Spring Run, PA 17262 I 2. Name and address of Defendants in the judgment: j Brian D. DeMeester 924 Rockledge Drive Carlisle, PA 17013 (Judgment entered against Brian D. DeMeester on May 14, 2012) � l �I Chrissy L. DeMeester 2895 Fillmore Drive Chambersburg,PA 17201 (Order on Motion For Summary Judgment entered against Chrissy L. DeMeester on July 27,2012) James W. Featherer 17454 New Bridge Road Spring Run,PA 17262 (Order on Motion For Summary Judgment entered against James W. Featherer i on July 27, 2012) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: ACNB Bank,formerly known as Adams County National Bank, 16 Lincoln Square, Gettysburg,Pennsylvania 17325. Plaintiff in judgment entered to No. 12- 1491 Civil Term. 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 j Square, Gettysburg,Pennsylvania 17325. Mortgagee in Instrument No. 200822500 recorded on July 2,2008. I Mary K. Calderelli, 11 Michaux Drive,Newville, PA 17241. Mortgagee in Instrument No. 200822501 recorded on July 2, 2008. 5. Name and address of every other person who has any record lien on the property: None known to Plaintiff. 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: i None known to Plaintiff. .I 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: '12 By: Richard E. Thrasher, Esq. Attorney for Plaintiff 220 Baltimore Street I Gettysburg, PA 17325 j, (717) 334-2159 i i i I � I (I EXHIBIT A—LEGAL DESCREMON Property Address: 379 Old State Road,Gardners,PA 17324 Tax Map and Parcel No.0 8-38-2175-033 ALL those(3)tracts or pieces of ground situate in Dickinson Township, County of Cumberland.Commonwealth of Pennsylvania,bounded and :.. . described as follows: Tract No. 1: BEGINNING at a point in the centerline of the Old Carlisle- Gettysburg Highway,which point is at comer of Tract No.2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle,Pennsylvania,in Plan Book 10,Page 52;thence by said Tract No.2,North 74 degrees 20 minutes West,a distance of 146.5 feet to a point(iron pin);thence along line of Tract No.3 hereinafter described,North 15 degrees 25 minutes East,a distance of 48.1 feet to a point(iron pin);thence along lands now or formerly of Lena K. Kuntz and Chester J.Kuntz,her husband,South 73-%a degrees East,a distance of 146.5 feet to a point in the center line of said Old Carlisle- Gettysburg Highway;thence by the center line of said highway, South 15-Y2 degrees West,a distance of 46.4 feet to a point,the place of BEGINNING. BEING improved with a 1 story frame bungalow and also being Tract No. 1 as designated on a plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County,in Plan Book 10, Page 52. Tract No. 2: BEGINNING at a point in the center of the Old Carlisle-Gettysburg public road at corner of land conveyed to Christine L.Beam by Deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorders Office in Deed Book"J",Volume 21,Page 1131;thence along said lands now or formerly of Christine L.Beam,North 73 12 degrees West,a distance of 148 feet to an iron pin;thence along line of Tract No. 3 hereinafter described,North 14 degrees East,a distance of 15 feet to a point at corner of Tract No. 1 hereinbefore described;thence along Tract No. 1, South 73 Y2 degrees East,a distance of 148 feet to a point in the center line of the Old Carlisle- Gettysburg public road;thence along the center line of Old Carlisle- Gettysburg public road, South 13 degrees West,a distance of 15 feet to a point,the place of BEGINNING. CONTAINING 15 feet in front along the centerline of the Old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width,a distance of 148 feet,in accordance with surveys made by F.S. Omer on August 17, 1944 and April 18, 1945. Tract No. 3: BEGINNING at a common point of lands of Raymond L.Rickroade and now or formerly of Arthur Murray,said point being approximately 147.5 feet from the centerline of T-552, Old Gettysburg Road;thence along Lot No. 10,as shown on the above plan,North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin,thence along Lot No.1,North 15 degrees 30 minutes 25 seconds East,63.23 feet to an iron pin;thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Arthur Murray, South 15 degrees 34 minutes 25 seconds West, 63.23 feet to an iron pin,the place of BEGINNING. CONTARSUNG 0.142 acres and being Lot No. 11 on a plan prepared by Eugene A.Hockensmith,R.S.,dated February 5, 1998 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 55,Page 16. BEING the same premises which Mary K. Caldarelli, single person by her Deed dated June 27,2008, and recorded-July 2,2008,in the Office of the Recorder of Deeds in and for the County of Cumberland,Pennsylvania,in Instrument No.200822499,granted and conveyed unto Brian D.DeMeester, Chrissy L.DeMeester,and James W.Featherer. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION ACNB Bank, No. 12-1491 Civil Term Plaintiff, vs. Brian D.DeMeester, Action in Mortgage Foreclosure Chrissy L.DeMeester,and James W.Featherer, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.ACC. 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate)will be held on March 6,2013,in the SHERIFF'S OFFICE, CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 at 10:00 A.M.,prevailing local tune. 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: 379 Old State Road,Dickinson Township,Gardners,PA 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Civil Action No. 12-1491 Civil Term. The name of the owners or reputed owners of this property are: Brian D.DeMeester, Chrissy L.DeMeester,and James W.Featherer. i 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, j Pennsylvania 17013, (717)240-6390. 1 i I WWINI IN MIN THIS PAPER ISA NOTICE OF THE TIMEAND PLACE OF THE SALE OF 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 you wish to exercise your rights,you must act promptly. YOUSHOVLD TAKE THISPAPER TO YOUR LAWYERAT ONCE GO TO OR TELEPHONE THE OFFICESET FORTHBELOW TO FIND OUT WHERE YOU CAN GET FREELEGAL ADVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone: (717)249-3166 THE LEGAL RIGHTS YOUMAYHAVEARE. I 1. You may file a petition with the Court of Common Pleas of Cumberland County,to open the judgment if you have a meritorious defense against the person or company that has entered 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 Pleas 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 attorney 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 be obtained from the Court Administrator's office,Cumberland County Courthouse,One Courthouse Square, Carlisle,Pennsylvania 17013,before presentation of the petition to the Court. I� PURL,EASTMAN HER Richard E. Thrasher,Esq. Attorney for Plaintiff 220 Baltimore Street Gettysburg,Pennsylvania 17325 (717)334-2159 Attorney ID No.22904 i 2 I EDIT A—LEGAL DESCRIPTION Property Address: 379 Old State Road,Gardners,PA 17324 Tax Map and Parcel No.08-38-2175-033 ALL those(3)tracts or pieces of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania,bounded and described as follows: Tract No. 1: BEGINNING at a point in the centerline of the Old Carlisle- Gettysburg Highway,which point is at corner of Tract No.2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle,Pennsylvania, in Plan Book 10,Page 52;thence by said Tract No. 2,North 74 degrees 20 minutes West,a distance of 146.5 feet to a point(iron pin);thence along line of Tract No. 3 hereinafter described,North 15 degrees 25 minutes East, a distance of 48.1 feet to a point(iron pin); thence along lands now or formerly of Lena K. Kuntz and Chester J.Kuntz,her husband, South 73-V4 degrees East,a distance of 146.5 feet to a point in the center line of said Old Carlisle- Gettysburg Highway;thence by the center line of said highway, South 15-% degrees West, a distance of 46.4 feet to a point,the place of BEGINNING. BEING improved with a 1 story frame bungalow and also being Tract No. 1 as designated on a plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County,in Plan Book 10,Page 52. Tract No. 2: BEGINNING at a point in the center of the Old Carlisle-Gettysburg public road at corner of land conveyed to Christine L.Beam by Deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorders Office in Deed Book"J",Volume 21,Page 1131;thence along said lands now or formerly of Christine L. Beam,North 73-%2 degrees West, a distance of 148 feet to an iron pin;thence along line of Tract No. 3 hereinafter described,North 14 degrees East,a distance of 15 feet to a point at corner of Tract No. 1 hereinbefore described;thence along Tract No. 1, South 73-%2 degrees East, a distance of 148 feet to a point in the center line of the Old Carlisle- Gettysburg public road;thence along the center line of Old Carlisle- Gettysburg public road, South 13 degrees West, a distance of 15 feet to a point,the place of BEGINNING. CONTAINING 15 feet in front along the centerline of the Old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width, a distance of 148 feet,in accordance with surveys made by F.S. Omer on August 17, 1944 and April 18, 1945. w Tract No. 3: BEGINNING at a common point of lands of Raymond L. Rickroade and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-552, Old Gettysburg Road;thence along Lot No. 10,as shown on the above plan,North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin;thence along Lot No.1,North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin;thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin,the place of BEGINNING. CONTAINING 0.142 acres and being Lot No. 11 on a plan prepared by Eugene A.Hockensmith,R.S., dated February 5, 1998 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 55,Page 16. BEING the same premises which Mary K. Caldarelli, single person by her Deed dated June 27,2008, and recorded July 2,2008,in the Office of the Recorder of Deeds in and for the County of Cumberland,Pennsylvania,in Instrument No. 200822499, granted and conveyed unto Brian D.DeMeester, Chrissy L. DeMeester, and James W. Featherer. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-1491 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACNB BANK Plaintiff(s) From BRIAN D.DEMEESTER,CHRISSY L.DEMEESTER,AND JAMES W.FEATHERER (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) 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; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone 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: $93,844.48 L.L.: $SO Interest $2,859.37 Atty's Comm: $ 3S450:ad Due Prothy: $2.25 Atty Paid:$248.25 Other Costs: Plaintiff Paid: Date: 9/1012012 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: RICHARD E. THRASHER,ESQUIRE Address: PURL, EASTMAN&THRASHER 220 BALTIMORE STREET GETTYSBURG,PA 17325 Attorney for: PLAINTIFF Telephone: 717-334-2159 Supreme Court ID No.22904 TRUE COPY 1=RONI RECORD tirTestirrony whereof. I here unto set my hand and the seal of sail Couraf Carlisle, Pa. 7bls XO day of—` =20 r On October 23, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 379 Old State Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 23, 2012 By: Real Estate Coordinator v l CUMBERLAND LAW JOURNAL Writ No. 2012-1491 Civil BEGINNING at a point in the center of the Old Carlisle-Gettysburg ACNB Bank public road at corner of land con- vs. veyed to Christine L. Beam by Deed dated July 24, 1964 and recorded in Brian D. DeMeester, the hereinafter mentioned Record- Chrissy L. DeMeester, ers Office in Deed Book"J",Volume James W. Featherer 21, Page 1131; thence along said Atty.: Richard E.Thrasher lands now or formerly of Christine Property Address: 379 Old State L.Beam,North 73-1/2 degrees West, Road, Gardners,PA 17324. a distance of 148 feet to an iron pin; Tax Map and Parcel No. 08-38- thence along line of Tract No.3 here- 2175-033. inafter described, North 14 degrees ALL those (3) tracts or pieces of East,a distance of 15 feet to a point ground situate in Dickinson Town- at corner of Tract No.l hereinbefore ship, County of Cumberland, Com- described; thence along Tract No.1, monwealth of Pennsylvania,bounded South 73-1/2 degrees East, a dis- and described as follows: tance of 148 feet to a point in the cen- TractNo. 1: ter line of the Old Carlisle-Gettysburg BEGINNING at a point in the cen- public road;thence along the center terline of the Old Carlisle-Gettysburg line of Old Carlisle-Gettysburg public Highway, which point is at corner road, South 13 degrees West, a dis- of Tract No.2 on the hereinafter tance of 15 feet to a point,the place mentioned plan of lots recorded in of BEGINNING. the Office of the Recorder of Deeds CONTAINING 15 feet in front in and for Cumberland County at along the centerline of the Old Car- Carlisle,Pennsylvania,in Plan Book lisle—Gettysburg public road and 10, Page 52; thence by said Tract extending Westwardly therefrom at No.2, North 74 degrees 20 minutes an even width,a distance of 148 feet, West, a distance of 146.5 feet to a in accordance with surveys made by point (iron pin); thence along line F.S. Omer on August 17, 1944 and of Tract No.3 hereinafter described, April 18, 1945. North 15 degrees 25 minutes East,a Tract No. 3: distance of 48.1 feet to a point(iron BEGINNING at a common point of pin);thence along lands now or for- lands of Raymond L. Rickroade and merly of Lena K. Kuntz and Chester now or formerly of Arthur Murray, J.Kuntz,her husband,South 73-1/4 said point being approximately 147.5 degrees East,a distance of 146.5 feet feet from the centerline of T-552,Old point in the center line of said Gettysburg Road; thence along Lot to a p No. 10,as shown on the above plan, Old Carlisle-Gettysburg Highway; North 74 degrees 23 minutes 00 thence by the center line of said high- seconds West, 100.00 feet to an iron way, South 15-\12 degrees West, a pin;thence along Lot NO.1,North 15 distance of 46.4 feet to a point, the degrees 30 minutes 25 seconds East, place of BEGINNING. 63.23 feet to an iron pin;thence along BEING improved with a 1 story Lot No. 12,South 74 degrees 23 min- frame bungalow and also being Tract utes 00 seconds East, 100.00 feet to No. 1 as designated on a plan of lots an iron pin;thence along lands now recorded in the Office of the Recorder or formerly of Arthur Murray, South of Deeds in and for Cumberland 15 degrees 30 minutes 25 seconds County,in Plan Book 10,Page 52. West, 63.23 feet to an iron pin, the Tract No. 2: place of BEGINNING. 41 CUMBERLAND LAW JOURNAL CONTAINING 0.142 acres and be- ing Lot No. 11 on a plan prepared by Eugene A. Hockensmith, RS., dated February 5, 1998 and recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 55,Page 16. BEING the same premises which Mary K. Caldarelli, single person by her Deed dated June 27, 2008, and recorded July 2, 2008, in the Office of the Recorder of Deeds in and for the County of Cumberland,Pennsyl- vania,in Instrument No.200822499, granted and conveyed unto Brian D. DeMeester, Chrissy L. DeMeester, and James W. Featherer. 42 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: January 25, February 1, and February 8, 2013 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. (` , 'sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this -&,dav of Februga, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 I 2012.1491 CIWI J ACNE SMk Vo 13 Orion b;f eMas, OVISSY Jonms w Meester 13 p A W. Rlclony E 7lhrasp. tool r(Y Ad W J0 ardneis dress 379 Old State Road, map Ei$ P and Parcel No.0&38:2175-033 r9a de V In (i nor Pieces of ground berland, CD A County Penusybama, bounded and mvealth of follows: described as 71•act No.I. othe Old Cat a Pout in the centerline which point is at,czrpe Gettysburg Mghway, 1 here' 1ofjobo.2 on the M, the Office of the Recorder lots recorded C �d for Cumberland f at eeds�1 thence Via' m PW Book 10, a 52; V 20 W No.2,North 74 degrees mina t a distance of to d No.3�er thence along line of 15 degrees 25 remafte r . North. 48.1 feet to a 'a dbmnce 00f landsnowor jfironPin); encealong c d Bees E 1t,a he husba d,South 3-1 of 146.5 point tt in the center said Qkl(Carlisle- o line of sa d thence by the center IJ West a J'' '45-112*gybes r place of of•' .4 feet to a point the BEING iMPrrnVed G I" bungalow and also bye- a 1 3 frame 19 Office,of then a P�of lots recorded m the Cumber Recorder.°'Deedsin,andfor land County,m Plan Book 10,Page 52. 7tact No.2; BEGMWG at a point in the center of the Old Carlisle at corner Of land con Public Cfiistine recorded m�dated Juty 1964 and Recorders..of malter mentioned, Volume 21' 11in 1� Book '►n I lanrlc Nny nr PaP 11 'thence along paid of�+riefinA i Reo... i North 73-1/2 vdegrees West,a distance of 148 feet to an ipm,pn;thence akmg line of MW No.3 hereinafter described,North 14 degrees East,a distance of 15 feet to a point at corner of My No.1 hereinbefore described;then&along]Wt No.1,South 73-1/2 degrees East,a distance of 148 feet to a point in the centerline of the Old Carlisle- Gettysburg public road;thence along the center line of Old Carlisle- Gettysburg public road, South 13 degrees West, a distance of 15 feet to a EEG point the place of INNINt3.' CONTAINING 15 feet in front along the a centerline of the Old Carlisle-Gettysburg public road and encoding Westwardly therefrom at an even width,,$distance pf 1 148 feet,in accordance with surveys made a by ES.Orner on August 17,1944 and April i' 18,1945. i 'pact No.3: BEGINNING at a common point of lands of Raymond I..3ticlmde and now or formerly of Arthur Murta*said point al being approximately 147.5 feet from the P� centerline of T-552,Old Crenysbprg Road; thence along Lot No.A.as shown on the above plan,North 74 degrees 23 minutes 00 seconds West,10040 feet to an iron pin; thence along Lot NO.1,North.15 degrees.c` 30 minutes 25 seconds East,63,23 feet to m' an iron pin;thence along Lot No.12,South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along 90 lands now or formerly of Arthur Murray, P South 15 degrees 30 minutes 25 seconds Jo West,63.23 feet to an iron pin,the place of II BEGINNING. ' CONTAINING 0.142 acres and being Lot on No. 11 on a plan prepared by Eugene A. Hockensmith,RS.,dated Pebruary 5,1998 1W and recorded in the office of the Recorder loo of Deeds for Cumberland County in Plan "P: Book 55,Page 16. Rte BEING the same premises which Mary K Caldarelli,single person by her Deed dated IIf June 27,2008,and recorded July 2,200, :ti in the Office of the Recoi*r of Deeds n` in end for the County of Cumberland, hernia,in Instrument No.209822499, p -toted and conveyed unto Bt'ian D. F Weester, Cbtissy 1:,: DeMee*r, and U-s W.Featherer. a The Patriot-News Co. 2020 Technology Pkwy t4e atr1*otwXews Suite 300 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 Marianne Miller, 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. Inn 9 I PUBLICATION CIOPY This ad ran on the date(s)shown below: NV UV 01/22/13 01/29/13 02/05/13 Sworn to and subscribed before m this 14 day of February, 2013 A.D. 4� A ry ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 i . ` MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 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 6th day of March A.D., 2013,under and by virtue of a writ Execution issued on the 1 0th day of Se tep mber,A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term,2012 Number 1491, at the suit of ACNB Bank against Brian D. DeMeester, Chrissy L. DeMeester&James W. Featherer is duly recorded as Instrument Number 201314711. IN TESTIMONY WHEREOF, Ijjhave ereunto set my hand and seal of said office this (G day of A.D. c�2 o 3 c Recorder of Deeds Recorder of Curnbertend omxty,Cwh1%PA My CwWtss7w E*m the Fret Monday d Jan.2014