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HomeMy WebLinkAbout09-7137IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, Plaintiff No. VS. ROBERT H. BLACK and PAMELA R. BLACK and THE UNITED STATES OF AMERICA, Defendants STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL DIVISION: LAW METRO BANK, Plaintiff vs. ROBERT H. BLACK and PAMELA R. BLACK and THE UNITED STATES OF AMERICA, Defendants No.: 09 - 7 / 37CIVIL TERM STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT COMPLAINT TO CONFIRM CONFESSED JUDGMENT PURSUANT TO RULES 2981 ET. SEQ. PENNSYLVANIA RULES OF CIVIL PROCEDURE AND PURSUANT TO 41 P.S. 407 1. The PLAINTIFF is METRO BANK, a state banking association, organized and existing under the laws of the Commonwealth of having a principal place of business at 3801 Paxton Street, Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "Plaintiff' and formerly known as Commerce Bank/Harrisburg, N.A. 2. The DEFENDANTS are: 2.1 ROBERT H. BLACK and PAMELA R. BLACK, being an adult male and female individual respectively, being husband and wife, and residing at 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 and hereinafter sometimes referred to jointly, severally, individually and collectively as "Defendants"; and 2.2 UNITED STATES OF AMERICA. While the Defendant is the UNITED STATES OF AMERICA, facts giving rise to the naming of the United States of America as a Defendant involves the Department of Treasury, Internal Revenue Service. 3. The statutory basis for the above-captioned action for the filing of this Complaint is 41 P.S. 407. 4. This Complaint is filed pursuant to Rules 2981 et. seq. of Pennsylvania Rules of Civil Procedure. 5. On February 24, 2009, Plaintiff confessed judgment against ROBERT H. BLACK and PAMELA R. BLACK. in the Court of Common Pleas of Cumberland County, Pennsylvania for $110,703.62 to 09-1130 pursuant to the warrants of attorney contained in the "Commercial Guaranties" dated October 26, 2004, executed by ROBERT H. BLACK and PAMELA R. BLACK, as guarantors, in favor of Plaintiff. 6. The Complaint confessing the judgment referred to in Averment 5 and the Notice of Judgment Pursuant to Pa R.C.P. 236 were served upon ROBERT H. BLACK and PAMELA R. BLACK. 7. The judgment referred to in Averment 5 is a lien on real estate and improvements titled in the name of ROBERT H. BLACK and PAMELA R. BLACK known and numbered as and situate at 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055, a description of which is attached hereto arked Exhibit "A" and incorporated herein by reference thereto. 8. On 2 03, Bank dispatched to ROBERT H. BLACK and PAMELA R. AC a notice required under 41 P.S. 403 "Notice of intention to foreclosure" and required Sectio 03-C of Act regarding the property known and numbered as and situate at 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 (Exhibit gyp,, V *V 9. Attached hereto, marked Exhibit "B" and incorporated herein by reference thereto is a true and correct copy of the notice dispatched by Bank to referred to in Averment 8 hereof. follows: 10 The present amount due on account of the judgment referred to in Averment 5 is as PRINCIPAL $ 98,695.91 INTEREST TO FEB. 24, 2009 $ 2,005.45 INTEREST FROM FEB. 25, 2009 TO OCTOBER 19, 2009 $4,312.89 LATE CHARGES $ 132.67 LEGAL FEES (10%) $ 9,869.59 TOTAL $115,016.51 FACTS INVOLVING THE UNTIED STATES GOVERNMENT 11. On March 28, 2008, the Department of the Treasury, Internal Revenue Service filed a "Notice of Federal Tax Lien" in the Office of the Prothonotary of Cumberland County, Pennsylvania to 2008-1959 in the amount of $74,501.31 against the Defendant, Robert H. Black. 12. Attached hereto, marked Exhibit "C" and incorporated herein by reference is a true and correct copy of the "Notice of Federal Tax Lien" referred to in Averment 11 hereof which Federal Tax Lien is a lien on the interest of ROBERT H. BLACK in the real estate and improvements situate at and known. and numbered as 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 (Exhibit "A"). 13 The present fair market value of the real estate and improvements situate at and know and numbered as 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 (Exhibit "A"). is $358,000.00. 14. Other than the IRS Lien (Exhibit "C"), the real estate and improvements situate at and know and numbered as 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 (Exhibit "A subject to the following liens. 9 A Mortgage for $153,000.00 dated 12/30/02 and recorded on 1/2/03 in the Recorder of D Office of Cumberland County, Pennsylvania in Record Book 1789 Page 4675 with the mortgagors, being ROBERT H. BLACK and PAMELA R. BLACK, and with the mortgagee, being ABN Amro Mortgage Group, Inc. B. Judgment in favor of Plaintiff for $110,703.62 and against ROBERT H. BLACK and PAMELA R. BLACK entered on 2/24/2009 in Court of Common Pleas of Cumberland County, Pennsylvania. 15. This Complaint is filed pursuant to 28 U.S.C.S. 2410 which provides as follows: (a) Under the conditions prescribed in this section and section 1444 of this title [28 USCS 1444 for the protection of the United States, the United States may be named a party in any civil action or suit in any district court, or in any State court having jurisdiction of the subject matter-- (1) to quiet title to, (2) to foreclose a mortgage or other lien upon, (3) to partition, (4) to condemn, or (5) of interpleader or in the nature of interpleader with respect to, (c) A judgment or decree in such action or suit shall have the same effect respecting the discharge of the propertyfrom the mortgage or other lien held by the United States as may be provided with respect to such matters by the local law of the place where the court is situated. However, an action to foreclose a mortgage or other lien, naming the United States as a party under this section, must seek judicial sale. Wherefore, the PLAINTIFF, METRO BANK, Prays Your Honorable Court for a Judgment in favor of the PLAINTIFF, METRO BANK and against A. The DEFENDANTS, ROBERT H. BLACK and PAMELA R. BLACK, pursuant to 41 P.S. 407 as follows: 1. For the sum of: PRINCIPAL $ 98,695.91 INTEREST TO FEB. 24, 2009 $ 2,005.45 INTEREST FROM FEB. 25, 2009 TO OCTOBER 19, 2009 $4,312.89 LATE CHARGES $ 132.67 LEGAL FEES (10%) $ 9,869.59 TOTAL $115,016.51 2. To conform the confessed judgment referred to in Averment 5 hereof, to the judgment entered in the above-captioned matter; and B. Against the UNITED STATES OF AMERICA, for foreclosure against the real estate and improvements owned by the Defendants, ROBERT H. BLACK and PAMELA R. BLACK, known and numbered as and situate at 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 and more particularly described in Exhibit "A". Dated: OCTOBER 19, 2009 r?- Jac , Esquire Ream, Carr, Markey & Woloshin, LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Ext. 35 Fax 1-717-846-4999 E-mail: JReam_639@comcast.net Attorney for the Plaintiff METRO BANK STATE OF PENNSYLVANIA SS: COUNTY OF YORK Before me, a Notary Public, in and for the said County and State, personally appeared '1rn? M wl? who, being duly sworn according to law, doth depose and say that she/•4e is a Q6se+ Rfcolegl SLkWVMf- of METRO BANK, a banking organization organized and existing under the laws of the Commonwealth of Pennsylvania \ and that as such officer is authorized to make this Affidavit on behalf of METRO BANK and that the facts set forth in the foregoing document are true and correct to the best of her/44e- knowledge, information and belief. METRO BANK (SEAL) AMM M: ?tor Sworn and Subscribed to U before me this 13+1- day of WOW , 2009. 104, Notary P lic C0MMONW$AL R OP M MSYLVAMA NOTARIAL SEAL Stacey L. Houck, Notary Public City of York, York County My commission expires December 16, 2011 ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right-of-way line of North Meadow Drive, said point being on the dividing line between Lot Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 48 degrees 03 minutes 59 seconds East, eighty-nine and fifty-eight one-hundredths (89.58) feet to a point; thence continuing along same on a curve to the right, having a radius of two hundred five and zero one-hundredths (205.00) feet, an arc length of twenty and forty-five one-hundredths (20.45) feet to a point on the dividing line between Lot Nos. 20 and 19 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 41 degrees 56 minutes 01 second West, one hundred twenty-six and two one-hundredths (126.02) feet to a point; thence North 48 degrees 03 minutes 59 seconds West, one hundred ten and zero one-hundredths (110.00) feet to a point on the dividing line between Lot Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 41 degrees 56 minutes 01 second East one hundred twenty-five and zero one-hundredths (125.00) feet to a point on the western dedicated right-of-way line of North Meadow Drive, the place of BEGINNING. BEING Lot No. 20 on Phase VI-Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds in Plan Bok 65, Page 95. UNDER AND SUBJECT, NEVERTHELESS, to the Declaration of Restrictive Covenants dated January 5, 1993 and recorded in the Cumberland County Recorder of Deeds is Miscellaneous Book 435, Page 93 and a ten (10) foot utility easement located and depicted on the Phase VI Final Subdivision Plan of Meadowview Estates, said Plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 65, Page 95. EXHIBIT m Robert H. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 September 11, 2009 Pamela R. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FRO FORECLOSURE This is an official notice that the mortgage on Your home is in defau/t, and the lender intends to fares%se. Specific information about the nature of the default is provided in the attached oa es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM JHEMAP) 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 ACONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. -' The name, address and to%hone number of Consumer Ctedit Counseling Agencies serving your County are /fisted at the Pnd of this Notice. If You have any auestions, you may W1 Me Penn /vania Housing Finance Agency tn// free at t -800 342 2397 (Persons with impaired hearing can ca// 1-717-780-,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 any-attorney in your area. The local bar association may be able to help you find a lawyer. LA N071FICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VMENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SINCARGOS AL NUMERO MENCIONADO ARRISA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): Robert H. Black Pamela R. Black PROPERTY ADDRESS: 1788 North Meadow Drive Mechanicsburg, PA 17055 LOAN ACCOUNT NO.: 3202095 ORIGINAL LENDER: Commerce Bank/Harrisburg, N.A. CURRENT LENDER/SERVICE: Commerce Bank/Harrisburg, t/d/b/a Metro Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECL OSURE AND HELP YOU MAKE FUTURE MORTGAGE PA YMENTS. 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. 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 THE NEXT THIRTY (30) DAYS. 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. Advice your lender immediately of your intentions. APPLICATIONS 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). If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU M11S7*FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. You SHOULD file an HEMPA application AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY THREE (33) DAYS OF THE POSTMARK OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITH THIRTY (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. 3 YOU HAVE THE RIGHT TO FILE AN HEMPA APPLICATION EVEN BEYOND THESE TIME PERIODS, HOWEVER. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION. BUT IF YOU 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 1788 North Meadow Drive, Mechanicsburg, PA IS SERIOUSLY IN DEFAULT because: YOU HAVE NOTE PAID IN FULL ON DEMAND ALL AMOUNTS DUE AND OWING ON ACCOUNT OF YOUR GUARANTY DATED OCTOBER 26, 2004 WHICH IS SECURED BY A MORTGAGE DATED OCTOBER 81 2007 AND RECORDED ON NOVEMBER 9, 2007 INSTRUMENT # 200741454 AND THE JUDGMENT ENTERED AGAINST YOU ON THE GUARANTY DATED OCTOBER 26, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ON FEBRUARY 24, 2009 TO 09-1330 CIVIL TERM WHICH ARE LIENS AGAINST YOUR RESIDENCE SITUATE AT 1788 NORTH MEADOW DRIVE, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA WITH THE AMOUNT DUE AS OF THE DATE OF THIS NOTICE BEING $109,270.98 BROKEN DOWN AS FOLLOWS: Principal $99,879.91 Interest $ 4,249.05 Satisfaction fee $ 37.00 4 Late Charges $ 5,105.02 Total $109,270.98 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 $109,270.98 PLUS ADDITIONAL INTEREST ON THE PRINCIPAL BALANCE OF $99,879.91 FROM THE DATE OF THIS NOTICE WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. THE ADDITIONAL INTEREST IS $11.79 PER DAY. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to. Bryan Lenovich Commercial Asset Recovery Specialist Commerce gank/Harrisburg t/d/b/a Metro Bank 3801 Paxton Street Harrisburg, Pa. 17111 Phone 1-717-412-6891 Fax 1-717-909-0589 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exerrcise 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 attomeys' 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 THIRTY (30) DA Y period, you will not be requlred to pay attorney's fees OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any dme up to one (1) hour before the Shenffls Sa/e. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sherih°s Sale as specified in writing by the lender and by perfonning 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 Six (6) 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 needL-d 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: Commerce Bank/ Harrisburg t/d/b/a Metro Bank Address: 3801 Paxton Street Harrisburg, PA 17111 Telephone Number: 1-717-412-7891 Fax Number: 1-717-909-0589 Contact Person: Bryan Lenovich, Commercial Asset Recovery Specialist EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X may not (Check One) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) 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 CONSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary.) 7 APPENDIX B Consumer Credit Counseling Agency Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant: Address: Telephone No.: Mortgage Loan No.: Address of Property on which mortgage is in default, if difference from above: The counseling agency met with the above named applicant on (Date) . who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from (Name and Address of Mortgagee. In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: s 1. If the delinquency cannot be resolved within the thirty (30) day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the thirty (30) day forbearance period in which we are now in ends on (date). 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Name of Counseling Agency: Signer and Title: Telephone Number: Address: LIST OF AGENCIES Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 (717) 780-3940 800-342-2397 a .d m ?- Q Oo NA Lea SO a to l f i l! 9T9E QE62. 0000 0960 6002. c « E9 ?a 609E 9E6Z 0000 0960 60U ??vr Department of the Treasury - Internal Revenue Service Form 668 (Y)(c) (Rev. February 2004) Notice of Federal Tax Lien Serial Number For O tional Use by Recording Office Area: SMALL BUSINESS/SELF MOLOYED AREA #2 Lien Unit Phone: (800) 913-6050 431849708 ? _ f?S9 7-c- T ? As provided by section 6321, 6322, and 6323 of the Internal Revenue (indudW Interest and penalties) i i h . r) 0 W1 L'- Code, we are ev eg a not ce t at taxes .119-0 l t- have been assessed aplnst the following-named aumaw. We have made a demand for payment of this dabNty, but It remains unpaid. Therefore, ? Z IYOS there Is alien In favor of the United States on a8 propeM and r%hb to Cl . property beloning to tads taxpayer for the amount of these taxes, and additional penaitles, interest, and costs that may accrue. ?' aob8'yg Name of Taxpayer ROBERT H BLACK Residence 1788 N MEADOW DR MECHANICSBURG, PA 17055-5152 NT RELEASE INFORNATION: For each assessment listed below, e of the lien is refiled by the date given in column (e), this notice shall, E following such date, operate as a certificate of release as defined IRC 6ta). Period T n Last Do t U? Kind of Tax Ending Identify ing Number t Au Ref®rrg A ment a b c d (e) M 6672 12/31/2004 XXX-XX-5571 01/07/2008 02/06/2018 30743.00 6672 03/31/2005 XXX-XX-5571 01/07/2008 02/06/2018 27243.97 6672 06/30/2005 XXX-XX-5571 01/07/2008 02/06/2018 16523.34 C= O O - ... ri7 rr T CO r 1 .. t,D "< Place of Fling Prothonotary Cumberland County Carlisle, PA 17013 Total 1$ 74510.31 This notice was prepared and signed at DETROIT, MI the 20th day of March 2008 , on this, Signature A Yha? Title REVENUE OFFICER 22-06-1408 for MIGNA RODRIGUEZ (717) 777-9622 (NOTE: Certificate of officer eutho g EXFIIIII I ment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 401 i (2"j Form 669(ln(c) (Rev. 2-2004) ias OAiaa CAT. NO 60026X J ' F- ILE?t RCE LCD. CCT 19 CM 1: 24 ?? s?33 Sheriffs Office of Cumberland County R Thomas Kline FM-Ot',RYCE OF THE P~,,T?-agOTAp iff Sheriff ?tr qt ?um6rr? Ronny R Anderson ??y n? 239 QCT9' !O, f S Chief Deputy Jody S Smith rh_ ... OFFICE OF SHERIFF ('? ? IN ' Civil Process Sergeant Edward L Schorpp Solicitor Metro Bank I Case Number vs. 2009-7137 Pamela R Black SHERIFF'S RETURN OF SERVICE 10/27/2009 07:30 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Pamela R. Black, by making known unto herself personally, at 1788 North Meadow Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/27/2009 07:30 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert H. Black, by making known unto Pamela Black, wife of defendant at 1788 North Meadow Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, October 28, 2009 R THOMAS KLINE, SHERIFF Bye -?? De U Sheriff ,,?' t .4 N © ~~ i_~ ' ~ ~~ (l :,. 't~t t''.:' i' ', ~~ '-"~ IN THE COURT OF COMMON PLEAS OF ~;,- ` - ~"" _-~ ~ CUMBERLAND COUNTY, PENNSYLVANIA r~:c' c~ `-_~t~ CIVIL DIVISION: LAW _ -n ~; ~ ~' ~' ~- rv m J METRO BANK, ~ r ~ No.: 09-7137 CiViL TERM cn Plaintiff vs. ROBERT H. BLACK and PAMELA R. STATUTORY ACTION TO BLACK and THE UNITED STATES OF CONFORM CONFESSED AMERICA, JUDGMENT Defendants CERTIFICATE OF SERVICE OF TEN (10) DAY NOTICE OF INTENTION TO ENTER JUDGMENT PURSUANT TO RULE 237.5 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE I, Jaclc F. Ream, Esquire, attorney for Plaintiff in the above captioned matter, METRO BANK, hereby certify that on the 13TH day of JANUARY 2010 I caused a copy of the "Ten (10) DayNotice," -NOTICE OF INTENTION TO ENTER JUDGMENT PURSUANT TO RULE 237.5 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE, which is attached hereto, marked Exhibit "A" and incorporated herein by reference hereto, to be served upon the following parties by United States Mail, regular mailing and certified mail, return receipt requested, postage prepaid, by depositing the "Ten (10) Day Notice"- NOTICE OF INTENTION TO ENTER JUDGMENT PURSUANT TO RULE 237.5 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE in the United States Post Office in York, Pennsylvania, addressed to the following parties at the following addresses: Robert H. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Certified Mailing # 7008 2810 0000 1049 4282 Dated: JANUARY 13, 2010 Pamela R. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Certified Mailing # 7008 2810 0000 1049 4299 eam, Es ire Ream, Carr, Markey & Woloshin, LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Ext. 35 Fax 1-717-846-4999 E-mail: JReam_639@comcast.net Attorney for the Plaintiff METRO BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, Plaintiff vs. No.: 09-7137 CIVIL TERM ROBERT H. BLACK and PAMELA R. STATUTORY ACTION TO BLACK and THE UNITED STATES OF CONFORM CONFESSED AMERICA, JUDGMENT Defendants NOTICE OF INTENTION TO ENTER JUDGMENT PURSUANT TO RULE 237.5 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE TO: Robert H. Blac]< Pamela R. Black l 788 North Meadow Drive l 788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 DATE OF NOTICE: JANUARY 13, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU TAKE ACTION WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE 1-717-249-3166 REAM, CARR, MARKEY & WOLOSHIN LLP (formerly KAIN, BROWN & ROBERTS LLP) r By `~`-lac Tk~~eam, Esquire l l 9 East Market Street York, PA 17401 Attorney LD. #10241 Phone]-717-843-8968 Faa 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff METRO BANK I hereby certify that this Notice was mailed to the Defendants on the 13th day of JANUARY 2010. (One copy to be filed with the Prothonotary of Cumberland County, Pennsylvania) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, Plaintiff vs. No.: 09-7137 CIVIL n o Cy' o° =~i 2~~~ ,-' ;,i~' . Ci .' ~ m _ 17 CJ _ ,...= ~ `_~ :....~ i J TERM,... -a . _ .,I c-- tv ::7 ---t Vl '< ROBERT H. BLACK and PAMELA R. STATUTORY ACTION TO BLACK and THE UNITED STATES OF CONFORM CONFESSED AMERICA, JUDGMENT Defendants NOTICE OF INTENTION TO ENTER JUDGMENT PURSUANT TO RULE 237.5 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 DATE OF NOTICE: JANUARY 13, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU TAKE ACTION WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE 1-717-249-3166 REAM, CARR, MARKEY & WOLOSHIN LLP (formerly KAIN, BROWN & ROBERTS LLP) By~ `~- J,ael- eam, squire 119 East Market Street York, PA 17401 Attorney LD. #10241 Phone 1-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff METRO BANK I hereby certify that this Notice was mailed to the Defendants on the 13th day of JANUARY 2010. (One copy to be filed with the Prothonotary of Cumberland County, Pennsylvania) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW ~'' ~ _ - ` a ~~ METRO BANK, . -; -_ ~ ;;~'n No.: 09-7137 CIVIL TERMt !:. _. ~} Plaintiff r-„ - ~ ~~=?,=-, - ~ -_, VS. - ~..J ~..i' ±'1 ~ .. ~-i ROBERT H. BLACK and PAMELA R. STATUTORY ACTION TO ' ~ ~'~ .~-- -~ c BLACK and THE UNITED STATES OF CONFORM CONFESSED AMERICA, JUDGMENT Defendants TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE TO ENTER JUDGMENT ENTER JUDGMENT in the above captioned matter for failure to enter an appearance and/or to file a response pleading against the DEFENDANTS, ROBERa" M . 13l.FiC K and PR1aEUi R. S4F~K and in favor of the PLAINTIFF, MANUFACTURERS AND TRADERS TRUST COMPANY, for: 1. The sum of $115,016.51; and 2. TO CONFORM THE CONFESSED JUDGMENT ENTERED ON FEBRUARY 24, 2009 TO 09-1130 TO THE JUDGMENT ENTERED IN THE ABOVE CAPTIONED MATTER. It is certified that a written notice of the intention to file this praecipe was mailed to the defendants against whom judgment is to be entered and to their attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. Dated: Feb. 18„ 2010 Jack . Ream, E uire Ream, Carr, Markey & Woloshin, LLP 119 East Market Street York, PA 17401 1.D.' 10241 Phonel-717-843-8968 Fax 1-717-846-4999 E-mail JReam_639@comcast.net Attorney for the Plaintiff METRO BANK .~ Correct'" ~e0~-m ~(~. oo P~ p~r1 ~~ (n33 ~ RT'~ a37~c~3 ~.kheu I.~a.~.lRCj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, Plaintiff NO.: 09-7137 CIVIL TERM vs. ROBERT H. BLACK and PAMELA R. BLACK and THE UNITED STATES GOVERNMENT, Defendants STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT CERTIFICATE OF RESIDENCE I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, METRO BANK, in the above-captioned matter hereby certify the following: 1. Name and Address and Residence of Plaintiff Metro Bank 3801 Paxton Street Harrisburg, PA 17111 2. Names and Last Known Addresses of Defendant Robert H. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Dated: ~~'-~ /~ ?~/O Pamela R. Black 1788 North Meadow Drive Mechanicsburg, PA 17055 Jack am, qui Ream, Carr, Markey & Woloshin, LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Ext_ 35 Fax 1-717-846-4999 E-mail: JReam_639@comcast.net Attorney for the Plaintiff METRO BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, No.: 09-7137 CIVIL TERM Plaintiff vs. ROBERT H. BLACK and PAMELA R. STATUTORY ACTION TO BLACK and. THE UNITED STATES OF CONFORM CONFESSED AMERICA, JUDGMENT Defendants NON-MILITARY AFFIDAVIT Commonwealth of Pennsylvania County of York ss: Before me, a Notary Public of York County, Pennsylvania, personally appeared JACK F. REAM, ESQUIRE, attorney for Plaintiff, METRO BANK, in the above entitled case, who being duly sworn or affirmed according to law deposes and says that the Defendants or respondents above named are not in the military service of the United States of America, that the employment of Defendants is unknown and that he has personal knowledge that the said Defendants or respondents are now living: 1788 North Meadow Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania 17055 and are residents of Cumberland County, Pennsylvania/ Sworn and Subscribed before m@is 18 `~' day of February 2010 --. ._, ~ Jack F. Ream, Es uire ~~C~' G~-- Ream, Carr, Markey & Woloshin, LP Notary Publi 119 East Market Street COIvIIvIONWEALTH OF PENNSYLVAMA NOTARIAL SEAL Stacey L. Houck, Notary Public City of York, York County My commission expires December t6, 2011 York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Ext. 35 Fax 1-717-846-4999 E-mail: JReam_639@comcast.net Attorney for the Plaintiff METRO BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, Plaintiff vs. No.: 09-7137 CIVIL TERM ROBERT H. BLACK and PAMELA R. STATUTORY ACTION TO BLACK and THE UNITED STATES OF CONFORM CONFESSED AMERICA, JUDGMENT Defendants TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA ] 7055 Mechanicsburg, PA 17055 DATE: Feb. 18, 2010 NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 OF PENNSYLVANIA RULES OF CIVIL PROCEUDRE (X) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU ON FEB 18, 2010 IN THE AMOUNT OF $115,016.51 AND TO CONFORM THE CONFESSED JUDGMENT ENTERED ON FEBRUARY 24, 2009 TO 09-1130 TO THE JUDGMENT ENTERED IN THE ABOVE CAPTIONED MATTER. ( ) COPIES OF THE JUDGMENT DOCUMENTS ARE ENCLOSED. Prothonotary of Cumberland County Pennsylvania Civil Division By: a/~s/io If you have any questions regarding this Notice, please contact he attorney for the filing party being the Plaintiff, METRO BANK Jack F. Ream, Esquire Ream, Carr, Markey & Woloshin, LLP Kain, 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Ext. 35 Fax 1-717-846-4999 E-mail: JReam_639@comcast.net Attorney for the Plaintiff METRO BANK (This Notice is given in accordance with Pa. R.C.P. 236) NOTICE SENT TO: Robert H. Black Pamela R. Black 1788 North Meadow Drive 1788 North Meadow Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 FiLED-OFFICE OF, HE PROTHONOTAF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, NO.: 2009-7137 CIVIL TERM Plaintiff VS. ROBERT H. BLACK and PAMELA R. BLACK, Defendants Statutory Action to Conform Confession of Judgment 2010 SEP 17 PM 1: 1 c CUMBERLAND COUNT` PENNSYLVANIA PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY'S OFFICE OF CUMBERLAND COUNTY Please mark the above-captioned Judgment as SETTLED and SATISFIED. Dated: 321aiXr-2010 (__Jack_F_,R-ea ,squire Ream, Carr, Markey & Woloshin LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JReam_639@comcast.net Attorney for the Plaintiff Metro Bank f/k/a Commerce Bank/Harrisburg