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Home My WebLink About13-4625 Supreme Coui- '-'of'Pennsylvania For Prot {ronota Use Onl Couft offCommo�Pleas r J T�1 Ci J) CoverjSheet Docket No: CUMEL�N� c County ry � The inforrrration collected on this is rased solelv court administration purposes. This form does not supplement or replace the filing and service ofpleodings or other papers as required bj lmv or rules of court. Commencement of Action: S n Complaint n Writ of Summons 0 Petition rl Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C ACNB BANK MICHAEL L. STARNER T Dollar Amount Requested: (within arbitration limits I Are money damages requested? 0 Yes 0 No (check one) [@outside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff /Appellant's Attorney: 0 Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 intentional El Buyer Plaintiff Administrative Agencies © Malicious Prosecution Debt Collection: Credit Card rl Board of Assessment © Motor Vehicle Q Debt Collection: Other 0 Board of Elections rl Nuisance n Dept. of Transportation rl Premises Liability El Statutory Appeal: Other S Product Liability (does not include mass tort) Q Employment Dispute: E El Slander/Libel/ Defamation Discrimination C 17 Other: � Employment Dispute: Other � Zoning Board El Other: T I p Other: O MASS TORT rl Asbestos N n Tobacco M Toxic Tort - DES © Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste El Ejectment 0 Common Law /Statutory Arbitration 0 Other: El Eminent Domain /Condemnation Declaratory Judgment B l Ground Rent Mandamus 0 Landlord /Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY in- Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental [] Partition Q Replevin El Legal n Quiet Title El Other: n Medical 0 Other: n Other Professional: Updated 1/1/2011 PII F-0 -C,- OF TfIE PttitlTflCIfC7,3t,'� Zip r r� Jc; —6 P; 1 I . C"'113ER Aolo Cou!.I -ry C't.P NS YLVAN'IA ACNB BANK, formerly known as IN THE COURT OF COMMON PLEAS Adams County National Bank, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. C �� No. ! v �" a s 201 MICHAEL L. STARNER and . HELEN J. STARNER, Civil Term Defendants Mortgage Foreclosure NOTICE TO DEFEND THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1. 800. 990.9108 717. 249.3166 OrA D3.�S�a Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717- 848 -4900 717 - 843 -0939 (f) smyers @cgalaw.com ACNB BANK, formerly known as : IN THE COURT OF COMMON PLEAS Adams County National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. . No. 2013 MICHAEL L. STARNER and HELEN J. STARNER, Civil Term Defendants Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this 5 4 " day of August 2013, comes Plaintiff, ACNB Bank, formerly known as Adams County National Bank, by its attorneys, CGA Law Firm, and files the within Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, ACNB Bank, formerly known as Adams County National Bank, is a Pennsylvania financial institution organized and existing under the laws of the Commonwealth of Pennsylvania, having a mailing address of P. O. Box 3129, Gettysburg, Pennsylvania 17325. 2. The Defendant, Michael L. Starner, is an adult individual, whose last known mailing address is 389 Georgetown Road, Gardners, Pennsylvania 17324. The Defendant, Helen J. Starner, is an adult individual whose last known mailing address is 36 Stone Ledge Road, Newville, Pennsylvania 17241. 3. At all relevant times, the Defendants have been the real owners of a tract or parcel of land with buildings and other improvements thereon located at 36 Stone Ledge Road, West Pennsboro Township, Newville, Cumberland County, Pennsylvania (the "Property "). The Property is more specifically described hereafter. 4. On or about August 8, 2005, in consideration of a loan of $265,000.00, made by Plaintiff to Defendants, which funds were received by Defendants, the Defendants, as Borrowers, executed and delivered to Plaintiff, as Lender, a Fixed /Adjustable Rate Note dated August 8, 2005, (the "Note "), in the principal amount of $265,000.00 (the 'Principal "), and requiring the payment of interest on the Principal initially at a fixed rate of 6.000% per annum (the "Interest "). 2 The initial fixed interest rate changed to an adjustable interest rate on the first day of September 2012, and may change on that day every 12 month thereafter. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 5. The Note obligates the Defendants to pay to Plaintiff the Principal and Interest in monthly payments initially in the amount $1,588.81 each, (the "Payments "), on the 1 St day of each month beginning October 1, 2005, until the Principal and Interest are paid in full. The Note has a maturity date of September 1, 2035. 6. The payment to Plaintiff by Defendants of, inter alia the Payments due under the Note is secured by a Mortgage on the Property dated August 8, 2005, (the "Mortgage "), executed, conveyed and delivered by Defendants, as Borrowers/Mortgagors, to Plaintiff as Lender/Mortgagee. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 7. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on August 15, 2005 in Record Book 1918, Page 3793. 8. The Defendants have failed or refused to pay Payments of $801.67 each, due for April 1, May 1, June 1 and July 1, 2013 for a total of $3,206.68, constituting defaults under the terms of 3 the Mortgage. The Defendants owe past due charges of $273.60. The Defendants also have failed or refuse to pay real estate taxes due in the amount of $3,372.25, plus interest and costs until paid. This constitutes another default under the terms of the Mortgage. 9. The Property subject to the lien of the Mortgage is described as follows: A. LAND ALL that certain tract of land and the improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a proposed street on the dividing line between Lots Nos. 10 and 11 on the hereinafter mentioned plan of lots; thence along the latter, North 21 degrees 30 minutes 52 seconds West, a distance of 210 feet to an iron pin; thence North 59 degrees 39 minutes 18 seconds East, a distance of 154.42 feet to an iron pin on the dividing line between Lots Nos. 11 and 12 on said plan; thence along the latter, South 21 degrees 30 minutes 52 seconds East, a distance of 210 feet to an .iron pin on the northern side of said proposed street; thence along the latter, South 53 degrees 9 minutes 41 seconds West, a distance of 39.51 feet to an iron pin; thence along the same, by a curve to the right having a radius of 275 feet, an arc distance of 54.84 feet to a point; thence continuing along the same, South 64 degrees 35 minutes 16 seconds West, a distance of 60.64 feet to an iron pin, the Place of BEGINNING. BEING described according to a Plan of Lots of Carl A. Fink, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 26, Page 81, and being designated as Lot No. 11 thereon. HAVING erected thereon a dwelling known as 36 Stone Ledge Road, Newville, Pennsylvania 17241. 4 B. IMPROVEMENTS All buildings and improvements erected upon the Property. C. FIXTURES All fixtures attached to the Property. D. PROPERTY RIGHTS All hereditaments, appurtenances, reversions and remainders, rents, issues and profits therefrom. 10. The terms of the Mortgage provide that upon the occurrence of a default by the Defendants, the Plaintiff may accelerate and demand immediate payment of all sums secured by the Mortgage. 11. The sums presently due and payable to Plaintiff by Defendants and secured by the Mortgage are computed as follows: A. Unpaid Principal $142,573.08 B. Unpaid Interest through 7/20/13 $ 2,349.60 C. Past due charges through 7/20/13 $ 273.60 D. Attorney's fees (estimated) $ 7.000.00 TOTAL $152,196.28 5 12. The Combined Notice as required by 35 P.S. §1680.403c was sent to the Defendants on June 12, 2013. The appropriate time period has elapsed since the Combined Notice was served upon the Defendants. The Defendants have nevertheless failed to cure the said defaults. A true and correct copy of each Notice is attached hereto as Exhibit "C" and incorporated herein. 13. While the Mortgage has not been assigned, it was assumed by ACNB Bank, formerly known as Adams County National Bank. 14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from above. 6 WHEREFORE, Plaintiff demands judgment in the sum of $152,196.28, together with costs and interest accruing at the rate under the Note, ($15.70 per day), from the date hereof, and demands foreclosure and judicial sale of the interests of the Defendants, in the mortgaged Property. CGA Law Firm By: Shar E. yers, Esqui e PA 32111 135 North George Street York, PA 17401 Telephone: (717) 848 -4900 Facsimile: (717) 843 -9039 smyers @cgalaw.com 7 VERIFICATION I hereby affirm that the following facts are correct. The attached Complaint in Mortgage Foreclosure is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint in Mortgage Foreclosure is that of counsel and not mine. I have read the Complaint in Mortgage Foreclosure and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint in Mortgage Foreclosure are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. ACNB BANK By: f� Susan M. Sayl Assistant Vi Pr dent Special Assets Dated: August 1 , 2013 LOAN NO. 7473966 ( Fu.ED /ADJUSTABLE RATE N'u M (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. AUGUST 8 > 2005 GETTYSBURG PA [Date] [City] [State] 36 STONE LEDGE RD and 1156 GREENSPRING ROAD NEWVILLE, PA 17241 NEWILLE PA 17241 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 265,000.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is ADAMS COUNTY NATIONAL BANK, CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.000 %. 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 OCTOBER 1 2005 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 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 SEPTEMBER 1 , 2035 , 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. $ 1,588.81 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 SEPTEMBER, 2012 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. MULTISTATE FIXED /ADJUSTABLE RATE NOTE - ONE -YEAR TREASURY INDEX- Fannie Mae UNIFORM INSTRUMENT FORM 3522 FNMA3522 (12/00) Page 1 of 4 Initial 455 Initial Mef EXHIBIT LOAN NO. 7473966 (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 8.000 % or less than 4.000 %. 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 12.000%. (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 ONE -YEAR TREASURY INDEX - Fannie Mae UNIFORM INSTRUMENT FORM 3522 1/01 FNMA3522 (12/00) Page 2 of 4 Initial 1 Initial s "LOAN NO. 7473966 (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 UNIFORM INSTRUMENT FORM 352 1/01 y( FNMA3522 (12/00) Page 3 of 4 Initial , Initial fil G LOAN NO. - 7473966 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. WITNESS THE HAND(S) AND SEALS) OF THE UNDERSIGNED. n . Seal (Seal) H LEN J STA ER B (rower M CHAEL L - Borrower Social Security Number Social Security Number (Seal) (Seal) - Borrower - Borrower Social Security Number Social Security Number [Sign Original Only] t MULTISTATE FIXED /ADJUSTABLE RATE NOTF ONE -YEAR TREASURY INDEX- Fannie Mae UNIFORM INSTRUMENT FORM 3522 1/01 FNMA3522 (12/00) Page 4 of 4 Initial Iss Initial �G AGREEMENT SUPPLEMENTING MORTGAGE AND ADJUSTABLE RATE NOTE THIS AGREEMENT, entered into this 8TH day of AUGUST, 2005, BETWEEN HELEN J STARNER AND MICHAEL L STARNER, hereinafter referred to as the Mortgagor(s), AND Adams County National Bank, a national banking corporation having its main office in Cumberland Township, Adams County, Pennsylvania, hereinafter referred to as the Bank, WITNESSETH That for and in consideration of the sum of $1.00 in hand paid by the Mortgagor(s) to the Bank, the receipt whereof is hereby acknowledged, the parties hereto do hereby covenant, promise and agree that so long as HEI M I STARNER continues in the employ of the Bank in any capacity other than that which falls within the definition of the term 'officer' as defined in Part 11.2(o) of the Securities Act Disclosure Rules (12 C.F.R. 11), the rate of interest provided for in the Mortgage and Adjustable Rate Note given by the Mortgagor(s) to the Bank dated AUGUST 8,2005, securing the debt of $$265000.00 shall be and the same is hereby changed and reduced from 6.000% per annum to 5.000 % per annum for the period of 7 year(s) from this date. 7 year(s) from the date of this Agreement, the rate of interest shall be adjusted to that rate called for in the aforesaid Adjustable Rate Note less one (1 %) percent, with future adjustments according to the terms of that Note less one (1 %) percent, until such time as the loan matures; such interest rates to remain in full force and effect until such time as HELEN J STARNER ceases to be in the employ of the Bank in any capacity other than that which falls within the aforesaid definition of the term 'officer', and upon the happening of such event, the aforesaid interest rate on such mortgage obligation shall automatically be increased one (1 %) percent and therafter be adjusted according to the terms of the aforesaid Adjustable Rate Note. WITNESS, the due execution of this Agreement the day and year first above written; this Agreement being executed in two counterparts, each of which are hereby declared to be an original. WITNESS: ADAMS COUNTY NATIONAL BANK ATTEST: // emploarmAtr 1/98 73 r 20O RU 15 Pal 12 24 After Recording Return To: ADAMS COUNTY NATIONAL BANK 675 OLD HARRISBURG ROAD GETTYSBURG, PA 17325 - [ Space Above This Line For Recording Data] LOAN NO.: 7473966 MORTGAGE DEFINITIONS 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 document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated AUGUST 8, 2005 together with all Riders to this document. (B) "Borrower" is HELEN J STARNER AND MICHAEL L STARNER Borrower is the mortgagor under this Security Instrument. (C) "Lender" is ADAMS COUNTY NATIONAL BANK Lender is a CORPORATION organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA Lender's address is 675 OLD HARRISBURG ROAD Gettysburg, PA 17325 Lender is the mortgagee under this Security Instrument. (D) "Note ll means the promissory note signed by Borrower and dated AUGUST 8, 2005 The Note states that Borrower owes Lender TWO HUNDRED SIXTY-FIVE THOUSAND AND 00/100 Dollars (U.S. $ 265,000.00 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by t ' he Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446-3555 LFI#ADA3039 1/01 Page 1 of 14 Initials: EXHIBIT SK1918PG3793 (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: QX Adjustable Rate Rider Q Condominium Rider Q Second Home Rider 0 Balloon Rider 0 Planned Unit Development Rider Q 1 -4 Family Rider Q Biweekly Payment Rider F_� V.A. Rider 0 Other(s) [specify] (I) "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 - appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n . "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K� "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "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. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. $2601 et 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. PENNSYLVANIA - Single Family Laser Fortes Inc. (800) 448.3555 LFI #ADA3039 1101 Page 2 of 14 Initials: Brt10. 18PG379-4 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND [Type of Recording Jurisdiction) [Name of Recording Jurisdiction] NORTH NEWTON TOWNSHIP WHICH CURRENTLY HAS THE ADDRESS OF 1156 GREENSPRING ROAD, NEWVILLE PA 17241 AND THE FOLLOWING PORPERTY LOCATED IN THE COUNTY OF CUMBERLAND, WEST PENNSBORO which currently has the address of 36 STONE LEDGE RD [Street) NEWVILLE , Pennsylvania 17241 ( "Property Address "): (City) [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA - Single Family Laser Fortes Inc. (600) 44rr3555 LFI #ADA3039 1/01 Page 3 of 14 Initials: 3K 9 1 8PU8795 UNIFORM COVENANTS Borrower and Lender covenant and agree as follows: 1. Payment 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 any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If •Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) taxes and insurance due under Sections 4 and 5; (b) interest due under the Note; (c) late charges; (d) costs of collections; (e) amounts due under Section 3; (f) principal due under the Note. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts 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 due 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 can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance 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 PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446.3555 LFI #ADA3039 1/01 Page 4 of 14 Initials: . _ L 8; {1918 FIG 3796 shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender 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 make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over 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 Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the PENNSYLVANIA -Single Family Laser Forms Inc. (800) 4463555 / LFI #ADA3039 1/01 Page 5 of 14 Initials: S J C� ��09 18PG3.797 actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, 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 insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. 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 - Single Family Laser Forms Inc. (800) 4463555 LFI #ADA3039 1ro1 Page 6 Of 14 InIf181S: BK 19.1 8.PU3798 related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year 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 Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and /or rights 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. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It PENNSYLVANIA - Single Family es Laser Forms Inc. (800) 4463555 LFI #ADA3039 1101 Page 7 of 14 Initials: BK191.8PG33799: 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 become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the 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 these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any PENNSYLVANIA -Single Family Laser Forms Inc. (800) 4463555 LFI #ADA3039 1/01 Page 8 of 14 Initials: J 1 RI.L.910 FIG .3 :..00 Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security 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 Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446 - 3555 LFI#ADA3039 1/01 Page 9of14 Initials: lk �^ M I L S 5 Bid 19 1.8 PG.3 5.0:1 ; or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations :under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender 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. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest- in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument PENNSYLVANIA - Single Family Laser Forms (800) 4463555 C LFI #ADA3039 l /ot Page 10 of 14 Initials: rr -� � ��'( l" /) S 19!O FIG J802 shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred 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 sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446.3555 C C.� LFI #ADA3039 1/01 Page 11 of 14 Initials: I BK!918►'G3803, A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The 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 any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA - Single Family Laser Forms Inc. (800) 446 -3555 LFI #ADA3039 1101 Page 12 of 14 Initials: BK 19 1.8 PG.3 US-'D NON- UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security 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. PENNSYLVANIA - Single Family Laser Fortes Inc. (600) 4463555 LFI *ADA3039 1/01 Page 13 of 14 Initials: 5K6918PG3805, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: A A ' YJA (Seal) HELEN J S ER - Borrower Z2:I_ a • '1 (Seal) MICHAEL L STARNER - Borrower (Seal) Borrower (Seal) - Borrower [Space Below This Line For Acknowledgmentl Certificate of Residence I, A U 40C -. t'WY do hereby certify that the correct address of the within -named ender is 675 OLD HARRISBURG ROAD, Gettysburg, PA 17325 Witness my hand this day of , 20 OS atigagee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the O h day of (, a, - , 2001 , before me , the undersigned officer, personally appeared HELEN J STARNER AND MICHAEL L STARNER known to me (or satisfactorily proven) to be the person whose name(s) is /are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. �.. C" My Commission expires: of\ry Public COMMONWEALTH OF PENNS Karen S. Noel V,AN Notarial seal PENNSYLVANIA - Single Family F tu'fisle $oro Berl Laser Forms Inc. (800) 4463555 N(v Cn!tJnission Ex and County LFI #AOA3039 1/01 Page 14 of 14 ~' - - -•- .._ Pis Dec. 8 2 07 H SCHEDULE C Legal Description Commitment Number: 1560 ALL that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated June 8, 1989 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 58, Page 109. BEGINNING at a point in southern right -of -way line of PA Route 641, at corner of Lot No. 23 on said Plan; thence along Lot No. 23 South 03 degrees 26 minutes 00 seconds West 330.00 feet to a point at Lot No. 21; thence along Lot No. 21 North 86 degrees 34 minutes 05 seconds West 150.00 feet to a point; thence still along Lot No. 21 North 03 degrees 26 minutes 00 seconds East 330.00 feet to a point; thence along southern right -of -way of PA Route 641 South 86 degrees 27 minutes 30 seconds East 150.00 feet.to a point, the place of BEGINNING. CONTAINING 1.136 acres and designated as Lot No. 22 of North Newton Manor STEWART TITTLE GUARANTY COMPANY B .I 0 18 °G3*807 (.. SCHEDULE C Legal Description Commitment Number: 1560 ALL that certain tract of land and the improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a proposed street on the dividing line between Lots Nos. 10 and 11 on tha hereinafter mentioned plan of lots; thence along the latter, North 21 degrees 30 minutes 52 seconds West, a distance of 210 feet to an iron pin; thence North 59 degrees 39 minutes 18 seconds East, a distance of 154.42 feet to an iron pin on the dividing line between Lots Nos. 11 and 12 on said plan; thence along the latter, South 21 degrees 30 minutes 52 seconds East, a distance of 210 feet to an iron pin on the northern side of said proposed street; thence along the latter, South 53 degrees 9 minutes 41 seconds West, a distance of 39.51 feet to an iron pin; thence along the same, by a curve to the right having a radius of 275 feet, an arc distance of 54.84 feet to a point; thence continuing along the same, South 64 degrees 35 minutes 16 seconds West, a distance of 60.64 feet to an iron pin, the Place of BEGINNING. BEING described according to a Plan of Lots of Carl A. Fink, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 26, Page 81, and being designated as Lot No. 11 thereon. BEING the same premises which GERALD F. WALTERS AND SABRINA L. WALTERS, by Special Warranty Deed dated February 12, 1999, and recorded February 12, 1999, in Book 194, Page 319, granted and conveyed unto FRANZ FOX and BETH A. FOX, in fee. STY TITLE Q �(' Q (� Q GUARANTY COMPANY FIXED /ADJUSTABLE RATE RIDER (One -Year Treasury Index - Rate Caps) LOAN NO. 7473966 . THIS FIXED /ADJUSTABLE RATE RIDER is made this 8TH day of AUGUST, 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument ") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Fixed /Adjustable Rate Note (the "Note ") to ADAMS COUNTY NATIONAL BANK, CORPORATION (the "Lender ") of the same date and covering the property described in the Security Instrument and located at: 36 STONE LEDGE RD and 1156 GREENSPRING ROAD NEWVILLE, PA 17241 NEWILLE PA 17241 [Property Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIIVIITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST 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 6.000 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of SEPTEMBER , 2012 , and .the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. MULTISTATE =D D /ADJUSTABLE RATE RIDER -ONE YEAR TREASURY - Single Family - Fannie Mae UNIFORM INSTRUMENT FNMA3182 (12/00) Page 1 of 3 FORM 3182 1/01 BK�91 PG3809 (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 8.000 % or less than 4.000%. 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 12.000%. (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. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. MULTISTATE, FIXED /ADJUSTABLE RATE RIDER -ONE YEAR TREASURY - Single Family- Fannie Mac UNIFORM INSTRUMENT FNMA3182 (12/00) Page 2 of 3 FORM 3182 1/01 BK'1918PG38: 0 , r 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed /Adjustable Rate Rider. (Seal) g (Seal) - Borrower - Borrower H LEN J STA ER MICHAEL L STARNER (Seal) (Seal) - Borrower - Borrower C _ �Y this to be recorded C "Urf1b County PA [Sign Original Only] 0 '• - J Recorder. of Deeds MULTISTATE FUND /ADJUSTABLE RATE RIDER -ONE YEAR TREASURY- Single Family- Fannic Mae UNIFORM INSTRUMENT FNMA3182 (12/00) Page 3 of 3 FORM 3182 1/01 Bid .' 9 3 8: �G 3 8 :�1 .f Date: June 12 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 must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342- 2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to t contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA VIVIENDO EN SU CASA. IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR SI NO COMPRENDE EL CONTENIDO DE ESTA NOT IFICACIO - N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Helen J. Starner PROPERTY ADDRESS: 36 Stone Ledge Road Ne ville PA 17241 LOAN ACCOUNT NO.: 7473966 ORIGINAL LENDER: Adams County National Bank n/k/a ACNB Bank CURRENT LENDER/SERVICER. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. EXHIBIT C s TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary for p ary stay of foreclosure on your mortgage thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", MORTGAGE UP TO DATE. EXPLAINS HOW TO BRING YOUR CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 36 Stone Ledge Road, Newville, W. Pennsboro Township, Cumberland County, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following dates and the following amounts are now past due: Monthly payments of $801.67 due for April 1, May 1 and June 1, 2013, lus past due charges of $193.44 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $2,598.45 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ _L,598-45 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 applicable. IF YOUDO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON— The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00.. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THRTY (30) 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 th e default within th e THIRTY (3 0) 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 Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the 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, f/k/a Adams County National Bank ADDRESS: P.O. Box 3129, Ge sburg, PA 17325 PHONE NUMBER. (717) 339-5069 FAX NUMBER: _ (717) 338 -2204 CONTACT PERSON. Susan M. Saylor E -MAIL ADDRESS: ssaylor(apcnb.com EFFECT OF SHERIFF'S SALE — You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE— You may or ✓ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RI GHT, • 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 TRIES 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 Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 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. Date: June 12 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 (HEM") may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342- 2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help 'explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you t"ind a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE - STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Michael L. Starner PROPERTY ADDRESS: _36 Stone Ledge Road Newville PA 17241 LOAN ACCOUNT NO.: 7473966 ORIGINAL LENDER: Adams County National Bank n/k/a ACNB Bank CURRENT LENDER/SERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT— The MORTGAGE debt held by the above lender on your property located at: 36 Stone Ledge Road, Newville, W. Pennsboro Township, Cumberland County, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following dates and the following amounts are now past due: Monthly payments of $801.67 due for April 1, May 1 and June 1, 2013, plus pas t due charges of $193.44 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $2,598.45 YOU HAVE FAILED TO'TAKE THE FOLLOWING ACTION (Do not use if not apylicable) HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2,598.45 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 Gett ssburg, PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOUDO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THRTY (30) 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 prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a 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, f/k/a Adams County National Bank ADDRESS: P.O. Box 3129, Gettysburg, PA 17325 PHONE NUMBER: (717) 339 -5069 FAX NUMBER: (717) 338 -2204 CONTACT PERSON: Susan M. Saylor E -MAIL ADDRESS: ssaylor(a,)acnb.com EFFECT OF SHERIFF'S SALE — You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may or ✓ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY HAV - THE gram. • 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 CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN TIi YOU U 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 2000 Linglestown Road Community Action Commission of Capital Region Harrisburg, PA 17102 1514 Derry Street 888- 511 -2227 Harrisburg, PA 17104 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 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. FORM 1 ACNB BANK, formerly known as Adams IN THE COURT OF COMMON PLEAS OF;r -, County National Bank, CUMBERLAND COUNTY, PENNSYLVANIA) i C) Plaintiff(s) TY C :Z C rn VS. A' MICHAEL L. STARNER and HELEN J. STARNER, Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 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 following steps to be eligible for a conciliation 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 steps to be eligible 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. Respectfully submitted: ds k? Date Signature of Counsel or Plai FORM 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: CUST OMERIPRIMARY APPLICATIO 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? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N 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: Monthly 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: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" 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 Support/Alim. Spending Money 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: i 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): Phone: Servicing Company (Name): Contact: Phone: AUTH 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 bill 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 ..ACNB BANK, formerly known as IN THE COURT OF COMMON PLEAS OF Adams County National Bank, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. MICHAEL L. STARNER and HELEN J. STARNER, Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE 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. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 ACNB BANK, formerly known as IN THE COURT OF COMMON PLEAS OF Adams County National Bank, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. MICHAEL L. STARNER and HELEN J. STARNER, 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 complied 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 'LED- t Cif=_i~ Ronny RAnderson Sheriff } �^y ��yw�1t1, art�ararag��,�4A�� i�1��f:¢ ��3 f Jody S Smith PH 2; So Chief Deputy CUMBERLAND PENNSYLVANIA ' Richard W Stewart ��µ; ` Solicitor OFFICE Or T;,=$HERIr.- ACNB Bank, formerly known as Adams County National Bank Case Number vs. Michael Lowell Starner(et al.) 2013-4625 SHERIFF'S RETURN OF SERVICE 08/19/2013 04:17 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Helen Starner, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as"Not Found"at 303 Hemlock Road, Upper Allen, Mechanicsburg, PA 17055. Defendant no longer resides at this address and the Mechanicsburg Postmaster confirmed that the defendant is not known at the address provided. 08/26/2013 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: George L. Crawford, and located him at 389 Georgetown Road, Gardners, Cumberland County, Pennsylvania, but was unable to serve the defendant. Defendant filed bankruptcy. The Sheriff therefore returns the within requested Affidavit as"Not Served"at 389 Georgetown Road, Dickinson Township, Gardners, PA 17324. SHERIFF COST: $85.16 SO ANSWERS, September 12, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. SHERIFF'S OFFICE OF CUMBERLAND.... ',OUNTY Ronny R Anderson Sheriff ptaurr G's� °a Jody S Smith Chief Deputy Richard W Stewart Solicitor 1,0M EOFTREESV�` Fr j *AMENDED* ACNB Bank, formerly known as Adams County National Bank vs. Case Number Michael Lowell Starner(et al.) 2013-4625 SHERIFF'S RETURN OF SERVICE 0811912013 04:17 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Helen Starner, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Affidavit as"Not Found"at 303 Hemlock Road, Upper Allen, Mechanicsburg, PA 17055. Defendant no longer resides at this address and the Mechanicsburg Postmaster confirmed that the defendant is not known at the address provided. 08126/2013 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: Michael Lowell Starner, and located him at 389 Georgetown Road, Gardners, Cumberland County, Pennsylvania, but was unable to serve the defendant. Defendant filed bankruptcy. The Sheriff therefore returns the within requested Affidavit as"Not Served"at 389 Georgetown Road, Dickinson Township, Gardners, PA 17324. SHERIFF COST: $85.16 SO ANSWERS, September 12, 2013 RONN''R ANDERSON, SHERIFF {c}CountySuite Sheriff,Teieosott,Inc : 1,E FRO MONO 2013 OCT -3 AMU: 3 t tDHSERLAND COUNTY PENNSYLVANIA Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers @cgalaw.com ACNB BANK, formerly known as : IN THE COURT OF COMMON PLEAS OF Adams County National Bank, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • : CIVIL ACTION-LAW v. • MICHAEL L. STARNER and : No. 13-4625 Civil HELEN J. STARNER, Defendants : Mortgage Foreclosure PRAECIPE TO REINSTATE Please reinstate the Complaint in Mortgage Foreclosure originally filed August 6, 2013 in the above-captioned matter. CGA Law Firm Shar n E. Myers, Esquire Dated: October 2, 2013 u+ R*90t01319S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff !# , l' vox arrra rt,rtd Jody S Smith Chief Deputy ,'1: O C T 15 ' a J Richard W Stewart CUUif Solicitor e;#P,W„ ' '" " ' ' PENNSYLVANIA ACNB Bank, formerly known as Adams County National Bank Case Number vs. Michael Lowell Starner(et al.) 2013-4625 SHERIFF'S RETURN OF SERVICE 10/09/2013 04:19 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Mary Starner, mother., who accepted as"Adult Person in Charge"for Michael Lowell Starner at 389 Georgetown Road, Dickinson Township, Gardners, PA 17324. vizsa, DAWN KELL, DEPUTY SHERIFF COST: $40.43 SO ANSWERS, October 10, 2013 RONNY ANDERSON, SHERIFF c:) `cunCr u_:9 Sn-r■f Tsleosoft i..y. a M ° - C ,�. THE �R01 HON0 Ti%,-s 22113 NOV -4 AM W. 5 6 CUMIERLAND COUNTY PENNSYLVANIA Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939(f) smyers @cgalaw.com ACNB BANK,formerly known as : IN THE COURT OF COMMON PLEAS Adams County National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. No. 2013 -4625 CIVIL MICHAEL L. STARNER and HELEN J. STARNER, Defendants Mortgage Foreclosure CERTIFICATE OF SERVICE I hereby certify that on October 31, 2013 the Notice of Praecipe to Enter Judgment by Default(a copy of which is attached hereto)was served upon the Defendant in the manner indicated below: FIRST-CLASS MAIL POSTAGE PREPAID THEREON ADDRESSED AS FOLLOWS: Michael L. Starner 389 Georgetown Road Gardners, PA 17324 CGA Law Firm By: Sh y s, E uir ACNB BANK,formerly known as : IN THE COURT OF COMMON PLEAS Adams County National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. No.2013-4625 CIVIL MICHAEL L. STARNER and HELEN J.STARKER, Defendants : Mortgage Foreclosure NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Michael L. Starner,Defendant 389 Georgetown Road Gardners,PA 17324 Date of Notice: October 31, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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. ti 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 CGA Law Firm By: Sharon E. Myers, quire 135 North George Street York,PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 smy rsgcgalaw.com c ACNB Bank THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. la:. I ISki 1:4, `It'313NE.°1*'?'L.1;8k NDACHOILif:N Ti PENNSYL VANIA Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York,PA 17404 717-848-4900 717-843-0939 (f) smyers @cgalaw.com ACNB BANK, formerly known as : IN THE COURT OF COMMON PLEAS OF Adams County National Bank, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff : CIVIL ACTION-LAW v. • MICHAEL L. STARNER and : No. 13-4625 Civil HELEN J. STARNER, Defendants : Mortgage Foreclosure PRAECIPE TO REINSTATE Please reinstate the Complaint in Mortgage Foreclosure originally filed August 6, 2013 and reinstated on October 3,2013 in the above-captioned matter. CGA Law Firm ANIP Sharon Myers,Esquire Dated: November 15,2013 c ceei .tly C k,E4 SY367 pa 0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,;: �kyt,,„of cumber, 1 " Lt i ,. . Jody S Smith '? Chief Deputy ,'N3 DEC 17 A� ` v.;-' Richard W Stewart ryiMB mot 1 iD il,SIi % ` Solicitor : = PE S Y LV A I t' ACNB Bank, formerly known as Adams County National Bank vs. Case Number Michael Lowell Starner(et al.) 2013-4625 SHERIFF'S RETURN OF SERVICE 12/09/2013 11:48 AM- Deputy William Cline, 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 De ndant, to wit: Michael Lowell Starner at 389 Gerogetown Road, Dickinson Township, Gar ers 7324. IAM LINE, DEPUTY SHERIFF COST: $80.81 SO ANSWERS, December 11, 2013 RONNYR ANDERSON, SHERIFF HE E R3THONC,4,1 2013 DEC 26 P11 2: 9 CUMBERLAND COUNTY PENNSYLVANIA Sharon E. Myers,Esquire PA 32111 CGA Law Firm 135 North George Street York,PA 17404 717-848-4900 717-843-0939 (f) smyers @cgalaw.com ACNB BANK, formerly known as : IN THE COURT OF COMMON PLEAS OF Adams County National Bank, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff : CIVIL ACTION-LAW v. MICHAEL L. STARNER and : No. 13-4625 Civil HELEN J. STARNER, Defendants : Mortgage Foreclosure PRAECIPE TO REINSTATE Please reinstate the Complaint in Mortgage Foreclosure originally filed August 6, 2013, reinstated on October 3, 2013 and reinstated on November 18, 2013 in the above-captioned matter. CGA Law Firm Sharon E. Myers, squire le Dated: December 23, 2013 p 7'S'7 L CS-Y931 ks4 0297V7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff : I Jody S Smith ,x,c7,uitE�ixi#p',.iii Chief Deputy ' �f i?"'! 0 M , Richard W Stewart Solicitor -;I. ,, -=,,-,-; , . i i _t,t i PENNSYLVANIA ACNB Bank, formerly known as Adams County National Bank Case Number vs. Michael Lowell Starner(et al.) - 2013-4625 SHERIFF'S RETURN OF SERVICE 12/09/2013 11:48 AM - Deputy William Cline, 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: Michael Lowell Starner at 389 Gerogetown Road, Dickinson Township, Ga ners, PA 17324. WILLI M CLINE, DEPUTY /,_ 12/30/2013 05:56 PM - Deputy Shawn Harrison, being duly sworn according to law, serve, the -quested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in . -ge Foreclosure by "personally" handing a true copy to a person representing themselves o ,-/.e Def•ndant, to wit: Helen Starner at 141 East Main Street, Mechanicsburg Borough, Mechanics• "A 1705.. r ,i_41:4 S �:WNH" ' . , ■ - TY SHERIFF COST: $80.81 SO ANSWERS, December 31, 2013 RONNR ANDERSON, SHERIFF 71-I71-IE r Ro THONO TA ZGi4ff4Y - r, CUMBERLAND (��1BF_ r S �'i i f` f PE NS YL Ah!!A�`f'Y A Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com ACNB BANK, formerly known as : IN THE COURT OF COMMON PLEAS Adams County National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. : No. 2013 - 4625 CIVIL MICHAEL L. STARNER and HELEN J. STARNER, Defendants : Mortgage Foreclosure CERTIFICATE OF SERVICE I hereby certify that on April 30, 2014 the Notice of Praecipe to Enter Judgment by Default (a copy of which is attached hereto) was served upon the Defendant in the manner indicated below: FIRST-CLASS MAIL, POSTAGE PREPAID THEREON, ADDRESSED AS FOLLOWS: Helen J. Starner 141 East Main Street Mechanicsburg, PA 17055 CGA Law Firm By: Barbara J. Ross, Palegal ACNB BANK, formerly known as : IN THE COURT OF COMMON PLEAS Adams County National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. : No. 2013 - 4625 CIVIL MICHAEL L. STARNER and HELEN J. STARNER, Defendants • • : Mortgage Foreclosure NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Helen J. Starner, Defendant 141 East Main Street Mechanicsburg, PA 17055 Date of Notice: April 30, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE EN I'ERED 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 CGA L. w F. By: c ACNB Bank Devon t Myers, Esqu ` fo Sharon E. Myers, Esquire 135 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 smyers@cgalaw.com THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r 1 3 �,i_ PE!ffi' L'VAr'I COUNTY Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-9039 (f) smyers@cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACNB BANK, formerly known as Adams County National Bank, Plaintiff : CIVIL ACTION — LAW • v. : No. 2013-4625 CIVIL MICHAEL L. STARNER and HELEN J. STARNER, Defendants • • : Mortgage Foreclosure PRAECIPE FOR JUDGMENT Enter judgment in favor of Plaintiff and against Defendants for failure to enter an appearance and/or file an Answer regarding the above -captioned action: (X) Assess damages as follows: Debt $143,999.08 Interest through 5/14/14 $ 5,668.17 Late fees through 5/14/14 $ 605.48 Docket costs $ Attorney's fees $ 7,000.00 TOTAL . $157,272.73 () I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. Ck‘,\As\o,sopc&kkil 0,\LAS-1621b lvv6uY—tkra5-ecrs () Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: May 14, 2014 Sharon E. Myers, Esquire Attorney for Plaintiff NOW, NDA -1 `t , 2014, JUDGMENT IS Prothonotary/Clerk, Civi P ivi •n By: Deputy ACNE BANK, formerly known as : IN THE COURT OF COMMON PLEAS Adams County National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. MICHAEL L. STARNER and HELEN J. STARNER, Defendants : No. 2013 - 4625 CIVIL : Mortgage Foreclosure NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Michael L. Starner, Defendant 389 Georgetown Road Gardners, PA 17324 Date of Notice: October 31, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING. WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 CGA Law Firm By: c ACNB Bank Sharon E. Myers, L uire 135 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 smyers@cgalaw.com THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ACNB BANK, formerly known as : IN THE COURT OF COMMON PLEAS Adams County National Bank, : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA v. MICHAEL L. STARNER and HELEN J. STARNER, Defendants . : No. 2013 - 4625 CIVIL • • • : Mortgage Foreclosure NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Helen J. Starner, Defendant 141 East Main Street Mechanicsburg, PA 17055 Date of Notice: April 30, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DA 1'E 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 CGA By: c ACNB Bank Devon pi Myers, Esq fo Sharon E. Myers, Esquire 135 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 smyers@cgalaw.com THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ACNB BANK, formerly known as Adams County National Bank, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION — LAW MICHAEL L. STARNER and HELEN J. STARNER, Defendants : No. 2013 - 4625 CIVIL : Mortgage Foreclosure AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK . ss. The undersigned, being duly sworn according to law, deposes and says that to the best of her knowledge the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; that the Defendants are over eighteen (18) years of age; that the Defendants' last known addresses are as follows: Michael L. Starner — 389 Georgetown Road, Gardners, PA 17324 and Helen J. Starner — 141 East Main Street, Mechanicsburg, PA 17055. Sworn and subscribed to before me this ` day of (%lct u , 2014. Notary Public (/ My commission expires: CGA LAW FI By: Sha on E. Myers, Esquire PA 13211 135 North George Street, York, PA 17401 Tel: (717) 848-4900 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara 3. Ross, Notary Public City of York, YOrk County My Commission Expires Feb. 17, 2016 MEMBER, PENNSYLVANIA ASSOQAIIOt OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACNB BANK, formerly known as Adams County National Bank, Plaintiff V. MICHAEL L. STARNER and HELEN J. STARNER, Defendants : CIVIL ACTION — LAW : No. 2013 - 4625 CIVIL : NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a Judgment in the above -captioned matter has been entered against you in the amount of $157,272.73 plus costs on May , 2014 . (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. by: If you have any questions regarding this Notice, please contact the filing party: NAME: Sharon E. Myers, Esquire ADDRESS: 135 North George Street York, PA 17401 TELEPHONE NO: (717) 848-4900 (This Notice is given in accordance with Pa. R.C.P. 236.) NOTICE SENT TO: NAME Michael L. Starner 389 Georgetown Road Gardners, PA 17324 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACNB BANK, formerly known as Adams County National Bank, Plaintiff v. MICHAEL L. STARNER and HELEN J. STARNER, Defendants (X) • CIVIL ACTION — LAW No. 2013 - 4625 CIVIL NOTICE OF FILING JUDGMENT Notice is hereby given that a Judgment in the above -captioned matter has been entered against you in the amount of $157,272.73 plus costs on May(, 2014 . (X) A copy of all documents filed with the Prothonotary in support of the within judgment is are enclosed. Prothonotary Civil Div. by: If you have any questions regarding this Notice, please contact the filing party: NAME: Sharon E. Myers, Esquire ADDRESS: 135 North George Street York, PA 17401 TELEPHONE NO: (717) 848-4900 (This Notice is given in accordance with Pa. R.C.P. 236.) NOTICE SENT TO: NAME Helen J. Starner 141 East Main Street Mechanicsburg, PA 17055 F IL D-FEICE Or THE • ROT Io o3,Ai 2014 ti0V 17 PO 3: 06 CUMBER -141D COUNTY PENNSYLVANIA Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACNB BANK, formerly known as Adams County National Bank, Plaintiff v. MICHAEL L. STARNER and HELEN J. STARNER, Defendants : File No. 2013 — 4625 CIVIL : (To be completed by attorney) : Amount: $157,272.73 : Interest (additional) : $5,002.05 Costs: (To be completed by Proth/Clerk) Pltf. Paid: . Deft. Paid: Due Prothy.: Other Costs: PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above captioned case. Date: November 14, 2014 tla$ .Sd % a�a S • Cf3� uo.t..tg „ << s( ll l� D 103. -is" it.^l lk `1.'1S(`va.s 0c< <I in Share" E. Myers, squire Attorney for Plaintiff a•as -1' 8. f 5V/ 7 .1 0-s e"n (4 If 1)1 J-/ d AS THE REAL ESTATE OF: MICHAEL L. STARNER and HELEN STARNER Owners of property situate in West Pennsboro Township, Cumberland County, Pennsylvania, being 36 Stone Ledge Road, Newville, PA 17241. Improvements thereon: Residential Dwelling PROPERTY ADDRESS: 36 STONE LEDGE ROAD, NEWVILLE, PA 17241 Tax ID NO: 46-10-0618-018 ALL that certain tract of land and the improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a proposed street on the dividing line between Lots Nos. 10 and 11 on the hereinafter mentioned plan of lots; thence along the latter, North 21 degrees 30 minutes 52 seconds West, a distance of 210 feet to an iron pin; thence North 59 degrees 39 minutes 18 seconds East, a distance of 154.42 feet to an iron pin on the dividing line between Lots Nos. 11 and 12 on said plan; thence along the latter, South 21 degrees 30 minutes 52 seconds East, a distance of 210 feet to an iron pin on the northern side of said proposed street; thence along the latter, South 53 degrees 9 minutes 41 seconds West, a distance of 39.51 feet to an iron pin; thence along the same, by a curve to the right having a radius of 275 feet, an arc distance of 54.84 feet to a point; thence continuing along the same, South 64 degrees 35 minutes 16 seconds West, a distance of 60.64 feet to an iron pin, the Place of BEGINNING. BEING described according to a Plan of Lots of Carl A. Fink, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 26, Page 81, and being designated as Lot No. 11 thereon. HAVING erected thereon a dwelling known as 36 Stone Ledge Road, Newville, Pennsylvania 17241. IT BEING the same premises which Franz Fox and Beth A. Fox, his wife, by their Deed dated August 12, 2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 270, Page 2158, granted and conveyed unto Michael L. Starner and Helen Starner, his wife. Tax ID NO: 46-10-0618-018 Full Address: 36 Stone Ledge Road, Newville, PA 17241 L.0 HE iTCR 1] P:1 3: 07 • A HO CC UN T S Y LYAJi Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACNB BANK, formerly known as CIVIL ACTION — LAW Adams County National Bank, Plaintiff v. No. 2013 — 4625 CIVIL • MICHAEL L. STARNER and Mortgage Foreclosure HELEN J. STARNER, Defendants .• AFFIDAVIT PURSUANT TO PA RCP 3129.1 SHARON E. MYERS, counsel for 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 located at: 36 Stone Ledge Road, West Pennsboro Township Newville, Cumberland County, Pennsylvania 17241 Affidavit under PA RCP 3129.1- Page 2 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Michael L. Starner 389 Georgetown Road Gardners, PA 17324 Helen J. Starner 711 Breezewood Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Michael L. Starner Helen J. Starner Address same as above same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Tax Claim Bureau Members 1St Federal Credit Union Members 1St Federal Credit Union One Courthouse Square Room 106 Carlisle, PA 17013 5000 Louise Drive Mechanicsburg, PA 17055 do Christopher E. Rice, Esquire Marston Law Offices 10 East High Street Carlisle, PA 17013 ACNB Bank P. O. Box 3129 Gettysburg, PA 17325 Affidavit under PA RCP 3129.1 —Page 3 3. Continued West Pennsboro Township 2150 Newville Road Carlisle, PA 17015 West Pennsboro Township do Hubert X. Gilroy, Esquire Marston Law Offices 10 East High Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address ACNB Bank P. 0. Box 3129 Gettysburg, PA 17325 Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Members 1 st Federal Credit Union c/o Christopher E. Rice, Esquire Marston Law Offices 10 East High Street Carlisle, PA 17013 Pennsylvania Housing Finance Agency HEMAP Name None 211 North Front Street P. 0. Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Address Affidavit under PA RCP 3129.1— Page 4 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: Name Address Discover Bank LVNV Funding LLC LVNV Funding LLC Asset Acceptance LLC Asset Acceptance LLC c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 15 South Main Street Suite 500 Greenville, SC 29601 c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 c/o David R. Galloway, Esquire Fulton, Friedman & Gullace, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 c/o David R. Galloway, Esquire Fulton, Friedman & Gullace, LLP 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 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: Name Address Deborah W. Piper, Tax Collector P. O. Box 157 West Pennsboro Township Plainfield, PA 17081. Cumberland County Domestic Relations Office 13 North Hanover Street P. O. Box 320 Carlisle, PA 17013 Affidavit under PA RCP 3129.1 — Page 5 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Date: November 14, 2014 Sharon E. Myers, Esquire Counsel for Plaintiff L- i )d 10 2314 L'01'lf;t� j' p'j3'07 PENNSYfLVq CO�TY Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACNB BANK, formerly known as CIVIL ACTION — LAW Adams County National Bank, Plaintiff v. No. 2013 — 4625 CIVIL MICHAEL L. STARNER and Mortgage Foreclosure and HELEN J. STARNER, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on March 4, 2015, in the CUMBERLAND COUNTY COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013 at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 36 Stone Ledge Road, West Pennsboro Township Newville, Cumberland County, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2013 — 4625 CIVIL The names of the owners or reputed owners of this property are: Michael L. Starner, 389 Georgetown Road, Gardners, PA 17324 Helen J. Starner, 711 Breezewood Drive, Mechanicsburg, PA 17055 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 thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND 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 held 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. 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 ASSOCATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 1-800-990-9108 717 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 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 a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioners 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, Room 301, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Sharon E. Myers, Esquire Date: November 14, 2014 ALL that certain tract of land and the improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a proposed street on the dividing line between Lots Nos. 10 and 11 on the hereinafter mentioned plan of lots; thence along the latter, North 21 degrees 30 minutes 52 seconds West, a distance of 210 feet to an iron pin; thence North 59 degrees 39 minutes 18 seconds East, a distance of 154.42 feet to an iron pin on the dividing line between Lots Nos. 11 and 12 on said plan; thence along the latter, South 21 degrees 30 minutes 52 seconds East, a distance of 210 feet to an iron pin on the northern side of said proposed street; thence along the latter, South 53 degrees 9 minutes 41 seconds West, a distance of 39.51 feet to an iron pin; thence along the same, by a curve to the right having a radius of 275 feet, an arc distance of 54.84 feet to a point; thence continuing along the same, South 64 degrees 35 minutes 16 seconds West, a distance of 60.64 feet to an iron pin, the Place of BEGINNING. BEING described according to a Plan of Lots of Carl A. Fink, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 26, Page 81, and being designated as Lot No. 11 thereon. HAVING erected thereon a dwelling known as 36 Stone Ledge Road, Newville, Pennsylvania 17241. IT BEING the same premises which Franz Fox and Beth A. Fox, his wife, by their Deed dated August 12, 2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 270, Page 2158, granted and conveyed unto Michael L. Starner and Helen Starner, his wife. Tax ID NO: 46-10-0618-018 Full Address: 36 Stone Ledge Road, Newville, PA 17241 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net ACNB BANK, FORMERLY KNOWN AS ADAMS COUNTY NATIONAL BANK. Vs. NO 13-4625 Civil Terni CIVIL ACTION — LAW MICHAEL L. STARNER AND HELEN J. STARNER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $157,272.73 Interest $5,002.05 Atty's Comm: Atty Paid: $390.40 Plaintiff Paid: Date: 11/17/2014 (Seal) REQUESTING PARTY: Name: SHARON E. MYERS, ESQUIRE Address: CGA LAW FIRM 135 NORTH GEORGE STREET YORK, PA 17404 Attorney for: PLAINTIFF Telephone: 717-848-4900 Supreme Court ID No. 32111 L.L.: $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy 11::: Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ACNB BANK, formerly known as Adams County National Bank, Plaintiff CIVIL ACTION — LAW v. No. 2013 — 4625 CIVIL MICHAEL L. STARNER and and HELEN J. STARNER, Defendants Mortgage Foreclosure AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ( SS. COUNTY OF YORK Before me, the undersigned officer, personally appeared Sharon E. Myers, Counsel for the Plaintiff, who, being duly sworn according to law, deposes and says that Notice to the parties who hold one or more mortgage, judgment, tax liens against the real estate, or may have an interest in the real estate, of Michael L. Starner and Helen Starner, was given by first-class mail, postage prepaid thereon, as evidenced by the Certificate of Mailing sheet, attached hereto and made a part hereof as Exhibit "A". A copy of the Notice to Lien Holders Pursuant to PA RCP 3129.2 is attached hereto and made a part hereof as Exhibit "B". Sworn and subscribed to before me thisaL-4S day of 11 i,c ej ber , 2014 My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara J. Ross, Notary Public City of Yoric, York County My Commission Expires Feb. 17, 2016 MEMBER PENNSYLVANIA ASSOQATION OF WARMS AVM Sharon E. Myers, Esq s Name and Address of Sender CGA Law Firm 135 North George Street York, Pennsylvania 17401 Check type of mail or service: ❑ Adult Signature Required 0 AdOlt Signature Restricted Delivery ❑ Certified Mail 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured • �,�pt�'�.S? �ir . ,' O ' ►}: •�:..; r % O .I�a_;Y , • 1744„,........„.,,,.. -. ,O • THE � ': i.:i4 0 ;1;i..' 06.58 ��t1 02 1M VN 'iir •.• " : 0004229' DEC 09 2014 0 ti•. f' r�� "f =_' f•4 MAILED •-,;M ZIPCOD t ' SC =11. SH RD Fee RR Fee Article Number Addressee(Name, Street, City, & ZIPCoden� ry) Postage g 1. Cumberland County Tax Claim Bureau One Courthouse Square -+F' N t � tt ; / •,�� /� Room 106 _ _ _ _. _ _ �_ _ _ _DF _ _moi Carlisle, PA 17013 2. ACNE Bank P. O. Box 3129 "V- O fRK P' �'j . i �. 09 10% _Q`° ,/ Gettysburg, PA 17325 r 3. Members 1st Federal Credit Union 5000 Louise Drive wt.- O'.K Mechanicsburg, PA 17055 `�+ O� F YORK N: EXHIBIT A 4. Members 1st Federal Credit Union do Christopher E. Rice, Esquire Ma_rsto_n Law Offices _ PA 4 v e 10 East High Street —_ — _ _ Carlisle, PA 17013 5. West Pennsboro Township 2150 Newville Road Carlisle, PA 17015 .0 ,� -0 '� f 0 �Y tfirmati} 6. West Pennsboro Township c/o Hubert X. Gilroy, Esquire Marston Law Offices 10 East High Street re Req lure Re Conf ure Corl ""i 'U 4 !A Res Carlisle, PA 17013 7. Pennsylvania Housing Finance Agency HEMAP Signatti t Signal ;q 4) .> 0 Signal 211 North Front Street P. O. Box 15530 Harrisburg, PA 17105-5530 8. Discover Bank Stock & Grimes, LLP .i+ 3 3 "a 1:5 804 West Avenue ^ do Edward Stocck q to r O -.. Jenkintown, PA 19046 Total Number of P' % Listed by Sende /� 8 Z T I Number of ces eceived at Post +Office n 7Q`� Postm • - -r, •••_>p -r--.• :: of receiving employee) PS Form 38p3 June 2 1% ge 1 oft YORK Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse r Name and Address of Sender a Street/ York, Pennsylvania 17401 Check type of mail or service: 0 Adult Signature Required 0 Ad01t Signature Restricted Delivery Erirrnation ❑ ❑ Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation IDInsured Affix Stamp Here edALaateiling copies of this bill) Postmark and Date of Receipt �� ' /C .g /� ,o'NoGeor e� i 'Y Article NumberrM Addressee (Name, Street, City, State, &ZIP Code ) Postage Fee Handling Charge Actual Value if Registered sured �alue Due e. iior • ASR 1 Fee DC Fee SC Fee SH Fee RD Fee RR Fee 1. LVNV Funding LLC 15 South Main Street Suite 50041 Greenville, SC 29601 tefYr.,v l� �7� i `- 1 YORK OS %0 'c • O(t1 2. LVNV Funding, LLC do David J. Apothaker, Esquire Apothaker & Associates, P.C. _ __...... 520 Fellowship Road C306 Mount Laurel; NJ 08054 r Ak DEC 0 9 2014 3. Asset Acceptance Corporation do David R. Galloway, Esquire Fulton, Friedman & Gullace, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Y ,� NO ilk -PA 1 4. Asset Acceptance Corporation do David R. Galloway, Esquire Fulton Friedman & Gullace, LLP 6 Kacey Court, Suite 203 Mechanicsburg PA 17055 C CI 5. Deborah W. Piper, Tax Collector West Pennsboro Township P O. Box 157 Plainfield PA 17081 g VI 6. Cumberland County Domestic Relations Office 13 North Hanover Street P. O. Box 320 Carlisle, PA 17013a. ao tire Coil Special Res 7. 44,1 8. x, r - Total Number of Pieces d by Sender Total Number o • ieces/ Received t P.st O "c- Postmaster • - - - - of receiving employee) PS Form 3877, June 20 -6f1)---N.,�C ete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACNB BANK, formerly known as CIVIL ACTION — LAW Adams County National Bank, Plaintiff v. No. 2013 — 4625 CIVIL MICHAEL L. STARNER and Mortgage Foreclosure HELEN J. STARNER, Defendants NOTICE TO LIEN HOLDERS PURSUANT TO PA RCP 3129.2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate or the parties may have an interest in the real estate of: Michael L. Starner and Helen J. Starner Cumberland County Tax Claim Bureau One Courthouse Square Room 106 Carlisle, PA 17013 ACNB Bank P. O. Box 3129 Gettysburg, PA 17325 Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Members 1St Federal Credit Union do Christopher E. Rice, Esquire Marston Law Offices 10 East High Street Carlisle, PA 17013 West Pennsboro Township 2150 Newville Road Carlisle, PA 17015 West Pennsboro Township c/o Hubert X. Gilroy, Esquire Marston Law Offices 10 East High Street Carlisle, PA 17013 Pennsylvania Housing Finance Agency HEMAP 211 North Front Street P. O. Box 15530 Harrisburg, PA 17105-5530 Discover Bank do Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 LVNV Funding LLC 15 South Main Street Suite 500 Greenville, SC 29601 LVNV Funding LLC c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Asset Acceptance LLC c/o David R. Galloway, Esquire Fulton, Friedman & Gullace, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Asset Acceptance LLC c/o David R. Galloway, Esquire Fulton, Friedman & Gullace, LLP 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Deborah W. Piper, Tax Collector West Pennsboro Township P. O. Box 157 Plainfield, PA 17081 Cumberland County Domestic Relations Office 13 North Hanover Street P. 0. Box 320 Carlisle, PA 17013 You are hereby notified that on March 4, 2015 at 10:00 o'clock a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of ACNB Bank, formerly known as Adams County National Bank v. Michael L. Starner and Helen J. Starner, No. 2013 — 4625 CIVIL, the Sheriff of Cumberland County, Pennsylvania, Will expose at Public Sale in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17031, real estate of Michael L. Starner and Helen Starner, known and numbered as 36 Stone Ledge Road, West Pennsboro Township, Newville, Cumberland County, Pennsylvania 17241. The description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed no later than 30 days after the sale by the Sheriff of Cumberland County, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: December 3, 2014 Sharon E. Mye Attorney for Plaintiff ALL that certain tract of land and the improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a proposed street on the dividing line between Lots Nos. 10 and 11 on the hereinafter mentioned plan of lots; thence along the latter, North 21 degrees 30 minutes 52 seconds West, a distance of 210 feet to an iron pin; thence North 59 degrees 39 minutes 18 seconds East, a distance of 154.42 feet to an iron pin on the dividing line between Lots Nos. 11 and 12 on said plan; thence along the latter, South 21 degrees 30 minutes 52 seconds East, a distance of 210 feet to an iron pin on the northern side of said proposed street; thence along the latter, South 53 degrees 9 minutes 41 seconds West, a.distance of 39.51 feet to an iron pin; thence along the same, by a curve to the right having a radius of 275 feet, an arc distance of 54.84 feet to a point; thence continuing along the same, South 64 degrees 35 minutes 16 seconds West, a distance of 60.64 feet to an iron pin, the Place of BEGINNING. BEING described according to a Plan of Lots of Carl A. Fink, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 26, Page 81, and being designated as Lot No. 11 thereon. HAVING erected thereon a dwelling known as 36 Stone Ledge Road, Newville, Pennsylvania 17241. IT BEING the same premises which Franz Fox and Beth A. Fox, his wife, by their Deed dated August 12, 2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 270, Page 2158, granted and conveyed unto Michael L. Starner and Helen Starner, his wife. Tax ID NO: 46-10-0618-018 Full Address: 36 Stone Ledge Road, Newville, PA 17241