HomeMy WebLinkAbout13-1608 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
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ACNE Sank, Successor By Merger No. 2013 -
To Farmers National Bank of Newville,
Plaintiffs,
VS. Action of Mortgage Forure
Larry E. Chronister
Defendant. r �=
To: Larry E. Chronister Defendant'
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 j
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
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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
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
ACNB Bank, Successor By Merger No. 2013- aok Gul
To Farmers National Bank of Newville,
Plaintiffs,
VS. Action of Mortgage Foreclosure
Larry E. Chronister,
Defendant.
To: Larry E. Chronister, Defendant
AVISO
LISTED HA SIDO DEMANDADO /A EN LA CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso
radicando personalmente o por medio de un abogado una comparecencia escrita y radicando
en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en
contra suya. Se le advierte de que si usted falla de tomar accion como se describe
anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el
demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted
puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CALIFICAN.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717 -249 -3166
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
ACNB Bank, Successor By Merger No. 2013-
To Farmers National Bank of Newville,
Plaintiffs,
VS. Action of Mortgage Foreclosure
Larry E. Chronister,
Defendant.
To: Larry E. Chronister, Defendant
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COMPLAINT IN MORTGAGE FORECLOSURE
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AND NOW, this �( day of March, 2013 comes Plaintiff, ACNB Bank, successor
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by merger to Farmers National Bank of Newville, by its attorneys, Puhl, Eastman & Thrasher,
who brings this action in mortgage foreclosure against Larry E. Chronister, Defendant,
whereof the following is a statement:
1. The Plaintiff is ACNB Bank, successor by merger to Farmers National Bank of
Newville, Mortgagee, a national banking corporation organized and existing under the laws of
Congress relating to national banks, with its main office at 16 Lincoln Square, Borough of
Gettysburg, Adams County, Pennsylvania 17325.
2. Defendant, Larry E. Chronister, is an adult individual whose last known address is
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349 Bobcat Road, Newville, Cumberland County, Pennsylvania 17241.
3. Defendant is not in the military or naval service of the United States or its allies, or
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otherwise within the provisions of the Servicemembers Civil Relief Act of 2005, 50 U.S.C.S.
Appx. § 501 et seq.
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4. On February 25, 1992, Defendant made, executed, and delivered a mortgage upon
real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the
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office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book 1051
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at page 533. A copy of said mortgage is attached hereto and marked as Exhibit "A ". Said
mortgage is incorporated herein by reference.
5. The mortgage secures Defendant's note dated February 25, 1992, in the amount of
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$33,000.00, payable to plaintiff in monthly installments with interest adjusted as per terms of
the note, a co of which is attached hereto as Exhibit "B" and incorporated rporated herein by
reference.
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6. There has been no assignment of said mortgage.
7. The real estate subject to the mortgage is described as follows:
Property Address: 349 Bobcat Road, Newville, PA 17241
Tax Map No. 43 -04- 0385 -041B
ALL that certain tract of land situate in Upper Frankford Township,
Cumberland County, Pennsylvania, more particularly bounded and
described in accordance with a survey made by Eugene Albert
Hockensmith, Registered Surveyor, for J. Clair Chronister under date of
January 8, 1979 and designated as Lot No. 3 on the Subdivision Plan
recorded in the Office of the Recorder of Deeds in and for Cumberland
County in Plan Book 35, Page 16, as follows:
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BEGINNING at a P.K. nail set in the center of Township Road No.
451 in line of other land of J. Clair Chronister and wife and which nail is
located North 41 degrees 15 minutes 26 seconds West, a distance of 220
feet from a P.K. nail set in the center line of said Township Road in line of
land now or formerly of Roy W. Chronister, which point is also on an
extension of the Western right -of -way line of an existing private right -of-
way; thence along the center line of Township Road No. 451, North 41
degrees 15 minutes 26 seconds West, a distance of 139.76 feet to a nail in
the center of said Township Road; thence continuing along the center of
said Township Road, North 55 degrees 24 minutes 30 seconds West, a
distance of 57.92 feet to a P.K. Nail set in the center of said Township
Road in line of other land of J. Clair Chronister and wife along
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said line of land of J. Clair Chronister and wife, North 32 degrees 41
minutes 47 seconds East, a distance of 314.74 feet to an iron pin in line of
other land of J. Clair Chronister and wife; thence continuing along line of
land of J. Clair Chronister and wife, South 41 degrees 15 minutes 26
seconds East, a distance of 200 feet to an iron pin; thence along other land
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of J. Clair Chronister and wife, South 32 degrees 41 minutes 47 seconds
West, a distance of 300 feet to a P.K. nail set in the center line of
Township Road No. 451, the place of BEGINNING. CONTAINING
1.3335 Acres.
BEING a part of that same tract of land which J. Clair Chronister
and Sondra L. Chronister, his wife, by deed dated August 10, 1983 and
recorded in the Cumberland County Recorder's Office in Deed Book "I ",
Vol. 30, Page 313, granted and conveyed to Larry E. Chronister. i
8. The present owner of the real estate subject to the mortgage is Defendant.
9. Said mortgage is in default because the payments of principal and interest, which
have become due and payable on October 25, 2012, and on the 25th day of each month,
thereafter, remain due and unpaid. By the terms of said mortgage and at the option of
Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable.
10. By reason of the aforesaid default, the following amounts are due in accordance
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with the terms of the mortgage:
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(a) Balance of unpaid principal $ 9,140.07
(b) Interest from 09/26/12 to 03/19/13 $ 392.64
(Plus $2.09 per diem thereafter)
(c) Late charges to 03/19/13 $ 29.10
(Plus $.20 per month thereafter)
(d) Other fees $ 378.75
(e) Attorney's commissions 3,500.00
TOTAL $13,40.56
11. The attorney's commissions set forth above are in conformity with the mortgage
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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
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attorney's fees will be charged based upon on legal work actually performed.
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12. The Combined Notice of Delinquency, which satisfies the requirements of the
j Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. §403) and the Notice of
Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.S.
§ 1680.401 c), as amended, has been sent to Defendant by first -class mail, postage prepaid, and
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by certified mail, return receipt requested. A copy of the Combined Notice of Delinquency
sent to Defendant is attached hereto and marked as Exhibit "C ". Said Notice is incorporated
herein by reference. The U.S. Postal Service Track and Confirm pages from the certified
mailing of said Notice to Defendant is attached hereto, incorporated herein, and marked as
Exhibit "D ". Said Receipt is incorporated herein by reference.
13. The temporary stay provided by said Combined Notices of Delinquency has
terminated. Defendants have failed to cure the aforesaid default.
WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the
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sum of $13,440.56, plus interest from March 20, 2013, at a per diem of $2.09, 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
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appropriate.
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Respectfully submitted:
PUHL, EASTMAN & THRASHER
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By:
Richard E. Thrasher, Esquire
Attorney ID Number 22904
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334 -2159
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
ACNB Bank, Successor By Merger No. 2013 -
To Farmers National Bank of Newville,
Plaintiffs,
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VS. Action of Mortgage Foreclosure
Larry E. Chronister,
Defendant.
VERIFICATION
TO COMPLAINT IN MORTGAGE FORECLOSURE
I, Susan M. Saylor, do hereby state that I am Assistant Vice President, Special Assets,
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of ACNB Bank, that I am authorized to make this verification, and that the facts set forth in
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the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my
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knowledge, information and belief. I understand that this statement is being made subject to
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the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
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Dated: / &Ch al
Susan M. Saylor
Assistant Vice Preside / Special Assets
ACNB Bank
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MORTGAGE
THIS MORTGAGE is made this 25th day of February 19_, between
the MORTGAGOR, Larry E . Ghron i g ter . 349 Bobca t Road Newvi d d e , PA ,
(herein "Borrower"), and the Mortgagee, FARMERS NATIONAL BANK, 1 West Big Spring
Avenue, Newville, Pennsylvania, 17241, (herein "Lender ").
WHEREAS, Borrower is indebted to Lender in the principal sum of $33,000.0 n o
Th3 r y T h Y'Pe Thna-jeeand and nn/Inn Dollars, which. indebtedness is
evidenced by Borrower's note dated (herein "Note "),
providing for monthly tnstallments-of principal and interest, with the balance
of the indebtedness, if not sooner paid, due and payable on March 1, 2017
;
TO TO LENDER (a) the repayment of the indebtedness evidenced by the
Note, with interest thereon, the payment of all other sums, with interest
thereon, advanced in accordance herewith to protect the security of this
Mortgage; and the performance of the covenants and agreements of Borrower
herein contained, and (b) the repayment of any future advances, with interest
thereon, made to Borrower by Lender pursuant hereto (herein "Future Advances "),
Borrower does hereby mortgage, grant and convey to Lender the following
described property located in the County of C Mb rd and State of
Pennsylvania:
See attached description
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which has the address of 349 Bobcat Road, Newville,
(Street) (City)
PA 17241 (herein "Property Address ");
(State and Zip Code)
BOOK1051 PAGE 533
EXHIBIT "A" Page I of 8
TOGETHER with all the improvements now or hereafter erected on the
property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water, water rights, and water stock, and all
fixtures now or hereafter attached to the property, all of which, including
replacements and additions thereto, shall be deemed to. be and remain a part of
the property covered by this Mortgage; and all of the foregoing, together with
said property are herein referred to as the "Property ".
Borrower covenants that Borrower is lawfully seized of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property, that the
Property is unencumbered, and that Borrower will warrant and defend generally
the title to the Property against all claims and demands, subject to any
declarations, easements or restrictions listed in a schedule of exceptions to
coverage in any title insurance policy insuring Lender's interest in the
Property, or any certificate of title certifying Lender's interest in the
.Property.
TO HAVE AND TO HOLD the same unto and for the use of Lender, its successors
and assigns, forever.
PROVIDED, however, that if the said Borrower shall pay and perform,
according to the conditions hereof and said Note, everything to be paid and
performed as aforesaid, then the e
null and void. state hereby conveyed and granted shall become
BORROWER AND LENDER covenant and agree as follows:
ADDITIONAL ADVANCES. The Mortgage and the lien thereof shall be security
not only for the original indebtedness evidenced by the accompanying Note, but
also for any other sums that may be loaned or advanced by Lender to the Borrower
at any time or times hereafter.
PAYMENT OF TAXES, INSURANCE PREMIUMS AND OTHER CHARGES. From time to time,
until the debt and interest are fully paid, Borrower shall pay and discharge,
when and as the same shall become due and payable, all taxes, assessments, sewer
and water rents, and ail other charges and claims assessed or levied by any
lawful authority upon any part of the Property; pay all ground rents reserved
from the Property and pay and discharge all mechanics' liens which may be filed
against said Property and which shall or might have priority in lien or payment
to the secured hereby; provide, renew and keep alive such.policies of
hazard and liability insurance as Lender may from time to time ,.quire urcn the
buildings and improvements now or hereafter erected upon the Property, with loss
payable clauses in favor of Lender as its interest may appear.
The insurance carrier providing the insurance shall be chosen by Borrower
subject to approval by Lender; provided, that such approval shall not be
unreasonably withheld. All premiums on insurance policies shall be paid by
Borrower making payment, when due, directly to the insurance carrier.
All insurance policies and renewals thereof shall be in form acceptable to
Lender and'shall include a standard mortgage clause in favor of and in form
acceptable to Lender. Lender shall have the right to hold the policies and
PACE 534
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EXHIBIT "4" Page 2 of 8
renewals thereof, and Borrower shall promptly furnish to Lender all renewal
notices and all receipts of paid premiums. In the event of loss, Borrower shall
give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds
shall be applied to restoration or repair of the Property damaged, provided such
restoration or repair is economically feasible and the security of this Mortgage
is not thereby impaired. If such restoration or repair is not economically
feasible or if the security of this Mortgage would be impaired, the insurance
proceeds shall be applied to the sums secured by this Mortgage, with the excess,
if any, paid to Borrower. If the Property is abandoned by Borrower, or if
Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier offers to settle a claim
for insurance benefits, Lender is authorized to collect and apply the insurance
proceeds at Lender's option either to restoration or repair of the Property or
to the sums secured by this Mortgage.
Unless Lender and Burrower otherwise agree in writing, any such application
of proceeds to principal shall not extend or postpone the due date of the
monthly installments hereof or change the amount of such installments. If the
Property is acquired by Lender, all right, title and interest of Borrower in and
to any insurance policies and in and to the proceeds thereof resulting from
damage-to the Property prior to the sale or acquisition shall pass to Lender to
the extent of the sums secured by this Mortgage immediately prior to such sale
or acquisition.
MAINTENANCE OF MORTGAGED PROPERTY. Borrower shall maintain all buildings
and improvements subject to this Mortgage in good and substantial repair as
determined by Lender. Lender shall have the right to enter upon the mortgaged
premises at any reasonable hour for the purpose of inspecting the order,
condition and repair of the building or buildings erected thereon.
NONPAYMENT OF TAXES, INSURANCE, OTHER CHARGES, AND COST OF REPAIRS. In the
event Borrower neglects or refuses to pay the taxes, insurance premiums or other
charges above mentioned, within 30 days after the same become due and payable,
or fails to maintain the buildings and improvements as aforesaid, then the
, Lender may, at Is option but without any obligation to do so, advance the sums
required and add any amounts so advanced to the principal debt secured hereby,
and collect the same as a part 01f the principal debt.
Any amounts disbursed by Lender pursuant hereto, with interest thereon,
shall become additional indebtedness of Borrower secured by this Mortgage.
Unless Borrower and Lender agree to other terms of payment, such amounts shall
be payable upon notice from Lender to Borrower requesting payment thereof, and
shall bear interest from the date of disbursement at the rate payable from time
to time on outstanding principal under the Note unless payment of interest at
such rate would be contrary to applicable law, in which event such amounts shall
bear interest at the highest rate permissible under applicable law. Nothing
contained herein shall require Lender to incur any expense or take any action
hereunder.
TRANSFER OR ENCUMBRANCE OF MORTGAGED PROPERTY. Borrower agrees not co
B00A 1051 RACE 535
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EXHIBIT "A" Page 3 of 8
transfer legal or equitable title to the mortgaged Property unless the Lender*
consents in writing to such transfer. A transfer to the survivor or devisees or
heirs of the Borrower in the event of the Borrower's death shall not come within
the prohibition of the foregoing sentence.. Borrower also covenants and agrees
not to create, nor permit to accrue, upon all or any part of the mortgaged
Property, any debt, lien or charge which would be prior to, or on a parity with,
the lien of this Mortgage. PROHIBITION AGAINST TRANSFER OF TITLE TO MORTGAGE
PROPERTY CONTAINED HEREIN SHALL BE APPLICABLE TO THE TRANSFER OF EQUITABLE AS
WELL AS LEGAL TITLE WHETHER BY DEED, ARTICLES OF AGREEMENT, CONTRACT FOR DEED,
OPTION -OR OTHERWISE EXCEPT FOR SUCH AGREEMENTS OF SALE FOR PURPOSES OF CONVEYING
LEGAL TITLE WITHIN 180 DAYS OF EXECUTION OF SUCH AGREEMENT OF SALE. UPON ANY
TRANSFER IN.VIOLATIOIJ OF THIS PROVISION, LENDER SHALL HAVE THE OPTION OF
ACCELERATING THE MATURITY OF THE ENTIRE UNPAID BALANCE OF INDEBTEDNESS.
CONDEMNATION. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the
Property, or part thereof, or for conveyance in lieu of zondemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be
applied to the sums secured by this Mortgage, with the excess, if any, paid to
Borrower. In the event of a partial taking of the Property, unless Borrower and
Lender otherwise agree in writing, there shall be applied to the sums secured by
this Mortgage such proportion of the proceeds as is equal to that proportion
which the amount of the sums secured by this Mortgage immediately prior to the
date of taking bears to the fair market value of the Property immediately prior
to the date of taking, with the balance of the proceeds paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to
Borrower that the condemnor offers to make an award or settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date such
notice is mailed, Lender is authorized to collect and apply the proceeds, at
Lender's option, either to restoration or repair of the Property or to the sums
secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writing, any such application
of proceeds to principal shall not extend or postpone the due date of the
monthly installments hereof or change the amount of such installments.
REM ^`'AL OR ALTERATION OF IMPROVEMENTS. Borrower agrees not to remove,
demolish or make any substantial alterations to any improvements now or
hereafter on the mortgaged Property unless Lender consents in writing thereto.
BORROWER NOT RELEASED. Extension of the time for payment or modification
of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner,
the liability of the original Borrower and Borrower's successors in interest.
Lender *shall not be required to commence proceedings against such successor or
refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower
and Borrower's.successors in interest.
FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in
exercising any right or remedy hereunder, or otherwise afforded by applicable
BoOK 1051 PACE 538
A
EXHIBIT "A" Page 4 of 8
law, shall not be a waiver of or preclude the exercise of any such right or
remedy. The procurement of insurance or the payment of taxes or other liens or
charges by Lender shall not be a waiver of Lender's right to accelerate the
maturity of the indebtedness secured by this Mortgage.
REMEDIES CUMULATIVE. All remedies provided in this Mortgage are distinct
and cumulative to any other right or remedy under this Mortgage or afforded by
law or equity, and may be exercised concurrently, independently or successively.
NOTICE. Except for any notice required under applicable law to be given in
another manner, (a) any notice to Borrower provided for in this Mortgage shall
be given by mailing such notice by certified mail addressed to Borrower at the
Property Address or at such other address as Borrower may designate by notice to
Lender as provided herein, and (b) any notice to Lender shall be given by
certified mail, return receipt requested, to Lender's address stated herein or
to such other address as Lender may designate by notice to Borrower as provided
herein. Any notice provided for in this Mortgage shall be deemed to have been
given to Borrower or Lender when given in the manner designated herein.
PURCHASE MONEY MORTGAGE. If all or part of the sums secured by this
Mortgage are lent to Borrower to acquire title to the Property, this Mortgage is
hereby declared to be a purchase money mortgage.
BORROWERS hereby certify that there are no divorce proceedings in any
,jurisdiction affecting the ability of either of them to enter into this
mortgage.
GOVERNING LAW. This mortgage shall be governed by the law of Pennsylvania
(except as superseded by Federal Law or Regulation). The terms of this Mortgage
and the Note are hereby declared to be severable and the invalidity of any such
provision shall not invalidate the remaining provisions.
ASSIGNMENT OF RENTS. Borrower assigns and transfers unto Lender any and
all rents from the mortgaged Property, and authorizes the Lender, at any time
there is a default under the Mortgage or accompanying Note, to take possession
of, rent, repair and operate said premises and, after deducting all costs of
collection, operation, repairs and administration, to apply the balance of the
rents received on account of the obligation of the Borrower, Lender shall have
full power to lease or renew leases upon such terms and conditions as to Lender
may seam proper or desirable.
ACCELERATION OF MATURITY AND FORECLOSURE PROCEEDINGS UPON DEFAULT. In case
default be made by the - Borrower in the payment of any installment of principal,
interest or other sums payable under the terms of this Mortgage or the
accompanying Note, or in the event of a breach by the Borrower of any of the
other obligations, covenants, conditions and agreements set forth in this
Mortgage or in the accompanying Note, which said default or breach shall
continue for more than thirty (30) days, then and in such case the entire unpaid
balance of the indebtedness, including advances and all other sums paid by the
Lender in accordance with the terms of this Mortgage or'the accompanying Note,
together with unpaid interest thereon, shall, at the option of the Lender, and
without notice, (except as may be required by then applicable law), become
immediately due and payable, and foreclosure proceedings may be brought
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BOOK 1 1 51 PACE 53'
EXHIBIT ^ A° Page 5 of 8
forthwith on the Mortgage or legal action may be commenced on the accompanying
Note and prosecuted to Judgment, execution and sale for the collection of the
same, together with costs of suit and an attorney's commission for collection of
ten per centum of -the total indebtedness or two hundred fifty dollars, whichever
is the larger amount. Borrower hereby forever waives and releases all errors in
baid proceedings, waives stay of execution, the right of inquisition, and
extension of time of payment, agrees to condemnation of any property levied upon
by virtue of any such execution, and waives all exemptions from levy and sale of
any property that now is or hereafter may be exempted by law.
SUCCESSOR INTERESTS. The obligations, covenants, conditions and agreements
contained in this Mortgage and the accompanying Note shall be binding upon, and
the benefits thereof shall inure to, the respective parties hereto and their
respective personal representatives, heirs, successors and assigns.
PARAGRAPH HEADINGS. Paragraph headings in this instrument are for
convenient reference only, and it 1,j agi, -ed t hat they 0-:all not be deemed
controlling in the interpretation hereof.
PROVIDED, HOWEVER, that if the Borrower shall pay all of the aforesaid
indebtedness, interest and other amounts which may be owing hereunder or under
the accompanying Note, and shall fully perform all the covenants, conditions and
agreements set forth or incorporated herein and in said Note, then this Mortgage
shall be void and released at the expense of the Borrower, and the estate hereby
granted and conveyed shall be void.
WITNESS the due execution hereof the day and year first above written.
SIGNED, SEALED AND DELIVERED� (SEAL)
IN THE PRESENCE OF: Larry E. Chronisher
(SEAL)
/ (SEAL)
(SEAL)
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moon 1t15� PACE 538
EXHIBIT "A" Page 6 of 8
COMMONWEALTH OF PENNSYLVANIA
. ss:
COUNTY OF CUMBERLAND
On this, the 25th day of _Egbr_uar A.D. 19 before me
Notary Public the undersigned officer, personally appeared
Larry E. Chronister satisfactorily proven to be the person(s)
whose name(s) i subscribed to the within instrument and acknowledged that
he executed the same for the purposes therein contained.
TN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Title of Officer
NotadalSed My Commission Expires
Deba O. Nelson, ldWW
Cobb Borp, CwtwbM County
MyCann*;91onB0wjan.2Z1M ',.
CERTIFICATE OR RESIDENCE
I certify that the precise place of business and complete post office
address-of Mortgagee is 1 West Big Spring Avenue, Newville, Penna. 17241.
Agent for Mortgagee
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eooh 1051 PACE 539
EXHIBIT "A—" Paxe 7 of 8
ALL that certain tract of - land situate in Upper Frankford Township, Cumberland
County, Pennsylvania, more particularly bounded and described in accordance with a survey
made by Eugene Albert Hockensmith, Registered Surveyor, for J. Clair Chronister under date
of January 8, 1979 and designated as Lot No. 3 on the Subdivision Plan recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Plan Book 35, Page 16, as follows:
BEGINNING at a P.K. nail set in the center of Township Road No. 451 in line of other
land of J. Clair Chronister and wife and which nail is located North 41 degrees 15 minutes 26
seconds West, a distance of 220 feet from a P.K. nail set in the center line of said Township
Road in line of land now or formerly of Roy W. Chronister, which point is also on an extension
of the Western right -of -way line of an existing private right -of -way; thence along the center line
of Township Road No. 451, North 41 degrees 15 minutes 26 seconds West, a distance of 139.76
feet to a nail in the center of said Township Road; thence continuing along the center of said
Township Road, North 55 degrees 24 minutes 30 seconds West, a distance of 57.92 feet to a
P.K. nail set in the center of said Township Road in line of other land of J. Clair Chronister
and wife; thence along said line of land of J. Clair Chronister and wife, North 32 degrees 41
minutes 47 seconds East, a distance of 314.74 feet to an iron pin in line of other land of J. Clair
Chronister and wife; thence continuing along line of land of J. Clair Chronister and wife, South
41 degrees 15 minutes 26 seconds East, a distance of 200 feet to an iron pin; thence along other
land of J. Clair Chronister and wife, South 32 degrees 41 minutes 47 seconds West, a distance
of 300 feet to a P.K. nail set in the center line of Township Road No. 451, the place of
BEGINNING.
CONTAINING 1.3335 Acres.
BEING a part of that same tract of land which J. Clair Chronister and Sondra L.
Chronister, his wife, by deed dated August 10, 1983 and recorded in the Cumberland County
Recorder's Office in Deed Book "P', Vol. 30, Page 313, granted and conveyed to Larry E.
Chronister, Mortgagor herein.
THE within conveyance is from parents to son.
State of Pennsylvania I
C ' - Jarety of Cumberland SS
Recorded in the office for the recording of Deeds
e �, )i end for � y r , t
� 2J Berland Coun t�
witness my hand an
Carlisle, P and-seal of offi .
A this
da cL
--- _ y of / —� i`
eco er strT• F t ti�uL+ k' •�
fs00K Sj PAGE 540
EXHIBIT "A" Page 8 of 8
MORTGAGE NOTE
$ 33,000.00 ' Newville, Pennsylvania
February 25 _ - 1 g 92
FOR VALUE RECEIVED, 1 /we, _ rry B. Chronister of
349 Bobcat RD. Nerv;lle PA 17241 (hereinafter, whether one or more, called "BORROWER ")
promise to pay to the order of FARMERS NATIONAL BANK, its successors or assigns, (hereinafter whether
one or more called "BANK" or "NOTE HOLDER "), of 1 West Big Spring Avenue, Newville, Pennsylvania,
17241, in lawful money of the United States of America, the principal sum of
thi z±,y thrap thousand ($ 33 , 0 ) Dollars and any additional moneys loaned or advanced
by any holder hereof as hereinafter provided, together with interest thereon at the rate o 9.
percent per annum, payable in equal monthly installments of principal and interest of seven
($ 787- ) Dollars each, beginning on the h day of March 19 92 , and
monthly thereafter until the entire outstanding balance of principal and accrued interest is fully paid, except
that any remaining principal and accrued interest shall be due and payable in full upon demand by and at the
option of the note Holder at any time after __ T rents five 25 ) year(s) from the date hereof; with
payments thereon being applied first on account of interest accured and the balance thereof on account of
reduction of principal; with the privilege to repay at any time or times the entire balance of principal or any part
thereof but not less than one (1) installment of principal reduction and with all or any such prepayment (s)
being credited to principal reduction and not on account of monthly payment(s) next due.
This Note shall evidence, and the mortgage given to secure its payment, shall cover and be security forany
future loans or advances that may be made to or on behalf of the Borrower by any holder hereof at any time or
times hereafter and intended by the borrower and the then holder to be so evidenced and secured as well as
any sums paid by any other holder hereof pursuant to the terms of said Mortgage and any such loans,
advances or payments shall be added to and shall bear interest at the same rate as the principal debt.
In case default be made for the space of thirty (30) days in the payment of any installments of principal, or
interest, or in the performance by the Borrower of any of the other obligations of this Note or said Mortgage,
the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by any
holder to or on behalf of the Borrower pursuant to the terms of this Note or said Mortgage, together with
unpaid interest thereon, shall at the option of the holder and without notice become immediately due and
payable, and one or more executions may forthwith issue of any judgments obtained by virtue hereof; and no
failure on the part of any holder hereof to exercise any of the rights hereunder shall be deemed a waiver of any
such rights or of any default hereunder.
The Note Holder may exercise this option to accererate during any default by Borrower regardless of any
prior forbearance. If suit is brought to collect this Note, the Note Holder shall be entitled to collect all
reasonable costs and expenses of suit, including, but not limited to, reasonable attorney's fees, which shall'be
not less than the greater of ten (10 %) percent of the total outstanding indebtedness or Two Hundred Fifty
($250.00) Dollars. ** .500 the first day/ .200 each additional day
Borrowers shall pay to the Note Holder a late charge of ** each for each day that any monthly
installment is not received by the Note Holder on or before the day said installement is due.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and
endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and
endorsers, and shall be binding upon them and their successors and assigns.
Any notice to Borrower provided for in this Note shall be given by mailing such notice be certified mail
addressed to Borrower at the Property Address stated below, or such other address as Borrower may
designate by notice to the Note Holder. Any notice to the Note Holder shall be given by mailing such notice
certified mail, return receipt requested, to the Note Holderat the address stated in the first of this Note, or such
other address as may have been designated by notice to Borrower.
This obligation shall bind the Borrower and Borrower's heirs, executors, administrators, successors and
assigns, and the benefits hereof shall inure to the Note Holder hereof and its successors and assigns.
The indebtedness evidenced by this note is secured by a Mortgage dated 02_25_92 and
reference is made to the Mortgage for rights as to acceleration of the indebtedness evidenced by this Note.
349 Bobcat Rd. p «v�iirLza _(SEAL)
Larry E. Chronister
1!Iewvi l l e . PA 17241
Property Address (SEAL)
Borrower
B (SEAL)
EXHIBIT "B" Fake � 2
W' @ 9.5$
$33,000.00 d NLWVILLE, P A., February 25, 19
Demand after date, for Value Received promise to pay to the order of
THE FARMERS NATIONAL BANK NEWVILLE, PENNA
Thirty three thousand dollars and 00/100* _ DOLLARS
having deposited as collateral security for the payment of this note and of any other liability or liabilities to the holder hereof due
or to become due, or that may he hereafter contracted. whether direct or contingent, and whether now or hereafter acquired, the
following; property viz: A7 V{o
New M P aya b le in 300 Payments of -256 -
with the right on, the part of the holder hereof to repledge the securities . above mentioned, or to substitute or exchange for the
same . o c. _ ficaten. -:of lee: = terror sad- amcmatr .ami- alss�lafgr' til�6' - t6.
TAY additional collateral security, and upon . .
J It alai forGiiiillik fuU 'llibwer , and the authot�ty . LO_. holder
failure to aom� wYilt _say. ` dsi'�t �'eaEi - y'hls�,u� �Co
hereof, or assigns, in case °f 10h defadlt Qr o t nti on, of any d kble�b li$yas above mentioned. at maturity, to sell,
assign and deliver the whole. -bY agyy 1 t of flee, wi alga iu #`aeit t p a g or oc additbns thlrstt;, at say isrokere board,
at ubilc ar DWYVSte a at bye o;xtn ot_= hdt p at aby t3mt o tires tih rtsemanL or notica to the tin -
, `� is - V es el yafter with' Al ut sdv
of y e gat9 green - e.u�r.�§wk .aaN, tb} br,_ ,, .�I,q� A.+r *ii: wed din,. ,
applq the uo of the Qa
,et- seductrillr xi xutter coats and lxpe deo Won. sale. "and delivery; to y.
ehaH a raeid Droceade" i�itch ,sole
or ;salsa Ao -, ;m,' atte, to #gay tiy tyrtkdr or ail , of aid liabilities, as i'said holder hereof vem proper, retusnrrtg tits ov rtr►tit to t►Xe undBlt aptl -f} u nderaiged- _�yr11; 3kit1 remain liable for any amount so un-
pald; _it` being Further undeiBtood and agreed th�t_ mere _al l 3itnk,_.. Plswville�. Eepnxylvania- .shall.have_a._like_ lien upon
any and ail" - funds, moneys, .barance8, etocfcs ,"'�Sonds, notes; and of property at any �time = - in -- the- -han�lx of -acid- Bank- beloatging -- -
to the undersigned, or to any endorser or : guarantor hereof. as security fpr this note•and "for any and all liability or liabilities to
said Bank, matured or unmatured, or that May ;be hereafter contracted; whether direct or contingent and whether now or hereafter
acquired, of the undersigned . or any .:en`dorser er xuarantor hereof; which lien shall be enforceable in like manner and shall be
subject to all provisions heribinabove and before mentioned and set out.
In the event of an application for- the a0pointment of a Receiver:. for, the undersigned or any party hereto, or the. making
of a general assignment by, or .the filing .of a petition in bankruptcy by ='or, .against, the undersigned, or any ,.guarantor or endorser
of this note, or any party hereto, or of L, any other act of insolvency of an
ment thereof. any of said parties, however expressed or indicated, all
the aforesaid liabilities shall without notice, at the option of the said .holder, become immediately dun, without demand for pay -.
It is further agreed that upon• any transfer of this note, the said Bank may deliver the said collateral or any parV
to the transferee, who shall thereupon become vested with all the powers and rights hereinabove Rives to the said Bank 9n respect
of said note and collateral, and the said Bank shall be thereafter forever relieved and fully discharged from any liability of
responsibility in connection therewith.
Without defalcation, value received, and further, do hereby authorize and empower any Attorney of any Court of Record In
Pennsylvania or elsewhere, to appear for and confess judgment in favor of the leiral holder of the above, for any deficiency remain.
ing after the sale of my collateral deposited as aforesaid, at any time after said note becomes due, with or without declaration;
with coats of suit, release of errors, without stay of execution, and with five per cent. added for collection fees• and also waive
the right of inquisition on any real estate that may be levied upon to collect this note, and do hereby voluntarily condemn the
same and authorize the Prothonotary to enter upon the Fi. Fa. said voluntary condemnation: and further agree that said estate
may be sold on a Fi. Fa., and hereby waive and release all- relief from any and all appraisements stay or exemption laws of any State
now in force, or hereafter to be passed; and also waive the benefit of the preeent and any future bankrupt law that may be
passed by the United States.
PAYABLE AT
The Farmers National Bank Larry E . Chr onister 168 -48 -3668
1 :Penna.
349 Bobcat Rd.
N° "1 Feb 25, 1 � --2-U, 7 N wville, PA. 17241
EXHIBIT "B" Page.2 of 2
s
Date: January 16 2013
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is In default, and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save
your home. This Notice explains how the program works.
To see If HEMAP can help, you most MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies servin listed
end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-80 g your County are at at the the
2397. (Persons with Impaired hearing can call (717) 780 - 1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACIO'N EN ADJUNTO ES DE
VIVIE NDO EN SU CASA. SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
IE SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA
TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA
AGENCY) SIN CARGOS AL NU O MENCIONADO ARRIBA. PUED S ER EGI (PENNSYLVANIA PARA UN PR> HOUSING FINANCE
POR EL PRO SALV A LLA AR SU CASA STAMO
CURL PUEDE ALV D "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
SA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Larry E. Chronister
PROPERTY ADDRESS: 349 Bobcat Road Newville PA 17241
LOAN ACCOUNT NO.:
ORIGINAL LENDER: Farmers National Bank
CURRENT LENDER/SERVICER: Adams County National Bank, n/k/a ACNB Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT
OF 1983 (THE "ACT -% YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
EXHIBIT "C" Page I of 4
TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a ten
mortgage for thirty (30) days from the date of this Notice (plus throe (3) days for mailing). oY stay of foreclosure on your
attend a "face - to-face" meeting with one of the consumer credit counseling agencies g lister g the s end og tS No h ge TH, and
-THREE (33) DAYS OF THE DATE OF
MEETING MUST OCCUR WITHIN THIRTY THIS NOTICE. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT,,, HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed
at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is l oca
o f
are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately te d d
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage ism default for the reasons set forth later in this Notice
(see following pages for specific information about the nature of your default.) You have the right to a 1 for financial assistance
from the Homeowner's Emergency Mortgage Assistance Pr PP Y
Homeowner's Emergency Assistance pro °�� To do so, you must fill out, sign and file a completed
Program Application with one of the designated consumer credit counseling agencies listed at
the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a
foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face - to- face meeting
with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION
WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVETED FROM
STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE N
SECTION CALLED
"TEMPORARY STAY OF FORECLOSURE.
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YO
APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE UR
A SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision
on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS
AN ATTEMPT TO COLLECT TAE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at:
349 Bobcat Road, Newville, Upper Frankford Township, Cumberland Township, PA
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following dates and the followin amounts are now
g
past due: Monthl a ents of $287.86 due for October 25, November 25 and December 25, 2012,
lus ast ue c ar es o 22.70.
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $886.28
EXHIBIT "C" Page 2 of 4
. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not V21ic able)
HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be
made either by cash, cashier's check, certified check or money order made payable and sent to:
ACNB BANK
PO Box 3129
Gettysburg, PA 17325
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not
a le.
IF FOUDO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the
lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will b
considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property,
IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins le
You, You will still be required to pay the reasonable attorney's fees that were actually m JH proceedin i if gal
proceedings are started a pay e3'' Y � cmred, up to $50.00. However, if legal
aga Y� You will have to a all reasonable attorn fees actually incurred by the lender even if they
exceed $50.00. Any attorney's fees will be added to the amount you owe the larder, which may also include other reasonable costs.
If you cure the default within the THRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (3 0)
DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
one hour before the Sheriffs Sale. You may do so by paying the total amount then e pr o the sale at any time u , to
reasonable attorney's fees and costs connected with the foreclosure sale and any other ostsconnected with the Shen ffs Sale as as
due,
specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner
set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged
property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriffs
Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
NAME OF LENDER: ACNB Bank, formerly know as Adams County National Bank
ADDRESS: P.O. Box 3129, Ge sburg P , 17325
PHONE NUMBER: (71 /) 339
FAX NUMBER: (717) 338 - 2204
CONTACT PERSON: Susan M. Savior
E -MAIL ADDRESS: _ ssay o ,acnb.com
EFFECT OF SHERIFF'S SALE — You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fianishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE — You may or ✓ may not sell or transfer your home to a buyer or transferee who will
assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the
sale and that the other requirements of the mortgage are satisfied.
EXHIBIT "C" Page 3 of 4
YOU MAY ALSO HAVE THE RIGHT-
To SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
Advantage Credit Counseling Service/CCCS of Western PA Region
Action Commission of Ca ita!
2000 Linglestown Road Community
Derry Street P
Harrisburg, 17102 Harrisburg, PA 17104
888- 511 -2227 27 717- 232 -9757
Housing Alliance of York/Y Housing Resources Maranatha
290 West Market Street 43 Philadelphia Avenue
York, Waynesboro, PA 17268
717 - 855 -5- 2752 752 717- 762 -3285
PA Interfaith Community Programs Inc. PHFA
40 E. High Street 211 North Front Street
Gettysburg, PA 17325 Harrisburg, PA 17110
(717) 334 -1518 717- 780 -3940
800 - 342 -2397
*Copies also sent first class mail.
EXHIBIT "C" Page 4 of 4
A
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CERTIFIED MAIL
ACNB
BANK 1111111 11111 co::
PO Box 3129 9171 9690 0935 0030 538136 ,
Gettysburg, PA 17325
Y .
i► rJ • ,
TEMP- RETURN SERVICE REQUESTED
LARRY E CHRONISTER-
349 BOBCAT ROAD a N C-
NEWVILLE De 1T)a1
N 1 X1
4- t ti YC .L t�U VL I 1 1 1. 3
RETURN TO SENDER
ST NOTICE SJ t8 LL AT = °E D
'ND NOTICE UN T � FOR
rya, f
SC: 1732501Z929 *05 19 - 04919 -15 -45
— TI
1 7 3 2S 0M 1 7 '
1 ? 1 '3cJ7S5 ROrj
FORM 1
ACNB Bank, Successor By Merger To IN THE COURT OF COMMON PLEAS OF
Farmers National Bank of Newille CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
v-11
ryi
VS.
U
Larry E. Chronister
Defendant(s) Cwt C)
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE ZD
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the folkiiiNfrig 9" to be eftlift for a
colimillaftn conference. First, within twenty (20) days of your receipt of this notice, you must contact MIdPenn Legal
Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative Within twenty (20) days of the appointment date. During that meeting; you must provide the legal
representative with all requested financial Information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following *" to
be *%ibis for a conciliation conference. It is not necessary for you to contact MIdPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectf* submkftd:
/ q— I I U 13 " ' 7C
Date Signature of Counsel for Plaintiff
FOW 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name (s):
Property Address:
City: State Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes ❑ No ❑
Mailing Address (if different)
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes and Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney:
Asset Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1 : Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value:
11M Rtli v Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. Monthly Amount:
2. Monthly Amount:
Borrower Pay Days: Co- Borrower Pay Days:
Mondit Exoenac (Please only include expenses you are currently Dayinrtl
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2no Mortgage Utilities
Car Payment(s) Condo /Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Day /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
if yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Susan M. Saylor Phone: (717)339 -5069
Servicing Company (Name):
Contact: Phone:
I /We, . authorize the above
named to use /refer this information to my lender / servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I /we
understand that I /we am /are under no obligation to use the services provided by the above
named
Borrower Signature Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility WII
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
FORM 3
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
Vs.
Defendant(s) Civil
MQUEST FCR CONCILIATION COMPOWNCE
Pursuant to the Administrative Order dated . 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court- supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. CS. §4904 relating to unworn falsification to
authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Da
FORM 4
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS. .
Defendant(s) Civil
CASE MANAGEMENT ORDER
AND NOW, this day of , 20 , the defendant/borrower in
the above - captioned residential- mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has compiled with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it Is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court- supervised
conciliation Conference on at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its' counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and /or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant /borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant /borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff /lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff /lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff /lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff /lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff --
��titt�, �isi�rarr ��� M
Jody S Smith P
Chief Deputy ..,;
Richard W Stewart
Solicitor ...:
ACNB Bank
vs. Case Number
Larry E Chronister 2013-1608
SHERIFF'S RETURN OF SERVICE
04/01/2013 08:42 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Larry E
Chronister at 349 Bobcat Road, Upper Frankford Township, Newville, PA 17241.
ASON KINSLER, DEPUTY
SHERIFF COST: $40.00 SO ANSWERS,
April 02, 2013 RbNW R ANDERSON, SHERIFF
.•yS e r^nY!. osc3 u.:,.
IN THE COURT OF COMMON PLEAS <>
OF CUMBERLAND COUNTY,PENNSYLVANIA° ~_Y^{
CIVIL ACTION—LAW
D
ACNB Bank, Successor By Merger No. 2013-1608 Civil Term
To Farmers National Bank of Newville,
Plaintiff,
VS.
Larry E..Chronister, Action in Mortgage Foreclosure
Defendant.
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Action in Mortgage Foreclosure as discontinued.
PUHL, EASTMAN & THRASHER
Dated: � _' 2014 By:
Richard E. Thrasher, Esq.
Attorney ID Number 22904
Attorney for Plaintiff
220 Baltimore Street
Gettysburg,PA 17325
(717) 334-2159