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HomeMy WebLinkAbout10-0964y 1% Fl OF THE PSOTHONIOTA 2010 FEB -4 PM 2: 58 HENRY & BEAVER LLP By: John H. Whitmoyer I. D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. IN THE COURT OF COMMON PLEAS t/d/b/a METRO BANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW vs. No. 10 QU4 CHARLES B. EWING, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO 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 44a 00 P6 AnI ftf &MO MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Notice Required Under the Fair Debt Collection Practices Act 15 U S C §1601 (as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa.Con.Stat.Ann. §201, et seq. ("The Acts"). To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors/mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors/mortgagors notify the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor/mortgagor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6. Written request should be addressed to: John H. Whitmoyer, Esquire HENRY & BEAVER LLP 2 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon vou. 3 11 HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. IN THE COURT OF COMMON PLEAS t/d/b/a METRO BANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW vs. No. J,, ??li?,. CHARLES B. EWING, Defendant COMPLAINT 1. The Plaintiff is Commerce Bank/Harrisburg, N.A. t/d/b/a Metro Bank, with its principal place of business at 3801 Paxton Street, P.O. Box 4999, Harrisburg, PA 17111-0999. 2. The Defendant is Charles B. Ewing, an adult individual, who resides at 137 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania 17011-8417. 3. On or about March 20, 2003, the Plaintiff loaned to the Defendant the sum of Fifteen Thousand Five Hundred Dollars ($15,500.00) evidenced by a Home Equity Line Credit Agreement (the "Credit Agreement"). A true and correct copy of the Credit Agreement is attached hereto and made a part hereof as Exhibit "A." 4. Contemporaneously with the execution of the aforesaid Credit Agreement in order to secure payment of the same, Defendant made, executed, and delivered to the Plaintiff an Open-End Mortgage dated March 20, 2003, which was recorded on April 4, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1804, Page 1718 (the "Mortgage"), conveying to the Plaintiff a security interest in the real estate described therein. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B." 5. The Mortgage has not been assigned. 6. On or about February 26, 2008, the Plaintiff modified its loan to Defendant by increasing the amount of the loan to Thirty Thousand Dollars ($30,000.00) evidenced by a Modification of Mortgage dated February 26, 2008 (the "Modification"), which was recorded on March 13, 2008, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in instrument 200807554 modifying the security interest in the real estate described therein. A true and correct copy of the Modification is attached hereto and made a part hereof as Exhibit "C." 7. The Modification has not been assigned. 8. The premises subject to the Mortgage and Modification is a certain lot and piece of ground situate at 137 Blacksmith Road, Lower Allen Township, Cumberland County, Pennsylvania, as more particularly described on Exhibits "B" and "C" attached hereto. 9. The Defendant is the present owner of the premises subject to the Mortgage. 10. The Defendant is in default of said obligation under said Credit Agreement, Mortgage, and Modification, having failed to pay the installment due on August 20, 2009, and all subsequent installments. 11. The terms of the Credit Agreement provide that in the event of default Defendant shall be liable for Plaintiffs costs and attorney's fees. 12. For purposes of this action, Plaintiff believes and therefore avers that Five Thousand Dollars ($5,000.00) constitutes reasonable attorney's fees for enforcing the Credit Agreement. However, Plaintiff recognizes that it is restricted by law to those attorney's fees that are actually incurred. If those fees are less than Five Thousand Dollars ($5,000.00), Plaintiff agrees to 2 adjust its demand for attorney's fees, if applicable, at the time of payment or adjustment. If Plaintiff's actual attorney's fees are in excess of Five Thousand Dollars ($5,000.00), Plaintiff believes it has a right to recover the same and thereafter make demand for payment thereof. 13. As a result of the default in the Credit Agreement, Mortgage, and Modification, the following amounts are due and owing: Principal - Interest to 12/31/09 - Late Fees - Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - Total - $ 28,672.28 395.95 66.51 5.000.00 $ 34,134.64 Plus interest after December 31, 2009, and continuing after entry of judgment at the contract rate ($2.16 per diem), actual attorney's fees, additional late fees after December 31, 2009, at the contract rate, costs of suit and all other amounts, fees and costs incidental to execution and levy. 14. No judgment has been entered upon the Credit Agreement, Mortgage, or Modification in any jurisdiction. 15. Notice of intention to foreclose and to accelerate the loan balance has been given to the Defendant in accordance with Section 403 of the Pennsylvania Act No. 6 of 1974, but the Defendant has failed to reinstate the Mortgage in accordance with the provisions thereof. A true and correct copy of said notice is attached hereto and made a part hereof as Exhibit "D." 16. Exhibit "D" also provides Defendant notice in accordance with Section 403-C of Pennsylvania Act 91 of 1983. Said notice was mailed on October 20, 2009. As of the date of this Complaint, the Defendant has not arranged for a meeting with the representative of Plaintiff and Plaintiff has not received notice from a designated consumer credit counseling agency that Defendant has met with any such agency. 17. To the best of the undersigned's knowledge and belief, Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the provisions of the Servicemembers Civil Relief Act of 2003, as amended. 18. Notice pursuant to Federal Fair Debt Collection Practices Act 15 U S C §1692 et seq. (1977). This is an attempt to collect a debt. Any information received by the undersigned will be used for the purpose of collecting the debt set forth herein. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this Complaint, we will assume the debt to be valid. If within the thirty (30) day period you dispute the debt or any portion thereof, you are entitled to a written verification of the debt. If the current creditor is not the original creditor on this account, we will also advise you, upon request, of the name and address of the original creditor. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above in the Notice to Plead, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. 19. This is an in personam action on a Credit Agreement accompanying a Mortgage and Modification and is not an action in mortgage foreclosure. WHEREFORE, Plaintiff, Commerce Bank/Harrisburg, N.A., t/d/b/a Metro Bank, demands that judgment be entered in its favor and against the Defendant, in the amount of: Principal - Interest to 12/31/09 - Late Fees - Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - Total - $ 28,672.28 395.95 66.51 5.000.00 $ 34,134.64 Plus interest after December 31, 2009, and continuing after entry of judgment at the contract rate ($2.16 per diem), actual attorney's fees, additional late fees after December 31, 2009, at 4 the contract rate, costs of suit and all other amounts, fees and costs incidental to execution and levy. By: HENRY & BEAVER LLP fiffn H. WKitmoyer D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 1704 -11 (717) 274-3644 Attorney for Plaintiff 5 4 VERIFICATION I, Amy Custer, being duly sworn according to law, depose and say that I am an officer of Commerce Bank/Harrisburg, t/d/b/a Metro Bank, and that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, 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. COMMERCE BANK/HARRISBURG, N.A. t/d/b/a METRO BANK By: 41 lyk.Al , Ymy Cu er Asset ecovery Supervisor t HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE References in the shaded area are for our use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " has been omitted due to text length limitations. Borrower: Charles B. Ewing (SSN: 176-56-0714) 137 Blacksmith Road Camp Hill, PA 17011-8417 Lender: COMMERCE BANK/HARRISBURG N.A. CEDAR CLIFF 1102 Carlisle Road Camp Hill, PA 17011 (717) 909-3200 CREDIT LIMIT: $15,500.00 DATE OF AGREEMENT: March 20, 2003 Introduction. This HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE ("Agreement's governs your line of credit (the "Credit Line" or the "Credit Line Account') issued through COMMERCE BANK/HARRISBURG N.A.. In this Agreement, the words "Borrower," "you; "you ," and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we," "us," "our," and "Lender" mean COMMERCE BANK/HARRISBURG N.A.. You agree to the following terms and conditions: Promise to Pay. You promise to pay COMMERCE BANK/HARRISBURG NA., or order, the total of all credit advances and FINANCE CHARGES, together with all costs and expenses for which you are responsible under this Agreement or under the"Mortgage" which secures your Credit Line. You will pay your Credit Line according to the payment terms set forth below.. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. We can release any Borrower from responsibility under this Agreement, and the others will remain responsible. Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until March 20, 2018 ("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by us in the Commonwealth of Pennsylvania, following the expiration of the right to cancel,'the perfection of the Mortgage, the receipt of all required certificates of noncancellation, and the meeting of all of our other conditions and will continue as follows: Five years following the expiration of the right to cancel. You may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment period will begin andyou will no longer be able to obtain credit advances. The length of the repayment period is as follows: Until the Credit agreement is terminated by the Borrower of the Lender. You agree that we may renew or extend the period during which you may obtain credit advances or make payments. You further agree that we may renew or extend your Credit Line Account. Minimum Payment. Your "Regular Payment" will be based on a percentage of your outstanding balance plus all accrued FINANCE CHARGES as shown below ("First Payment Stream"). Your payments will be due monthly. Range of Balances Number of Payments Regular Payment Calculation All Balances 6 0.555% of your outstanding balance plus all accrued FINANCE CHARGES Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment. After completion of the First Payment Stream, your "Regular Payment" will be based on a percentage of your outstanding balance as shown below ("Second Payment Stream'). Your payments will be due monthly. Range of Balances Number of Payments Regular Payment Calculation All Balances 174 0.555% of your outstanding balance Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges- A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or more slowly. When rates decrease, less interest is due, so more of the payment repays the principal balance. When rates increase, more interest is due, so less of the payment repays the principal balance. If this happens, we may adjust your payment as follows: your final payment may be increased. Each time the ANNUAL PERCENTAGE RATE increases, We will check to see if your payment is sufficient to pay the interest due. If it is not, your payment may be increased by an amount sufficient to cover all accrued FINANCE CHARGES. In any event, if your Credit Line balance falls below $50.00, you agree to pay your balance in full. You agree to pay not less than the Minimum Payment on or before the due date. How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to Finance Charges; then to any voluntary credit life and disability insurance premiums; then to unpaid principal; then to late charges and other charges; and then to any amounts that exceed your Credit Limit. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Fifteen Thousand Five Hundred & 00/100 Dollars ($15,500.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances subject to the section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immedia Credit Line Account exceeds your Credit Limit. Any credit advances in excess of your Credit Limit will not be secured principal dwelling. Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds re coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. I_A_ charge your Credit Line to pay any costs or expenses to protect or perfect our security intaroct " . ,? ; J... _..: (Continued) Page 2 available, if any, under the Credit Line. However, we have no obligation to provide any of the credit advaribes referred to in this paragraph. Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows: Credit Line Checks. Writing a preprinted "Equity Reserve Advance Check" that we will supply to you. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one of you telling us not to give advances to the other. Limitations on the Use of Checks. We reserve the right not to honor Equity Reserve Advance Checks in the following circumstances: Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Equity Reserve Advance Check. Post-dated Checks. Your Equity Reserve Advance Check is post-dated. If a post-dated Equity Reserve Advance Check is paid and as a result any other check is returned or not paid, we are not responsible. Stolen Checks. Your Equity Reserve Advance Checks have been reported lost or stolen. Unauthorized Signatures. Your Equity Reserve Advance Check is not signed by an "Authorized Signer" as defined below Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the Equity Reserve Advance Check. Transaction Violation. Your Equity Reserve Advance Check is less than the minimum amount required by this Agreement or you are in violation of any other transaction requirement or would be if we paid the Equity Reserve Advance Check. If we pay any Equity Reserve Advance Check under these conditions, you must repay us, subject to applicable laws, for the amount of the Equity Reserve Advance Check. The Equity Reserve Advance Check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not to return Equity Reserve Advance Checks along with your periodic statements; however, your use of each Equity Reserve Advance Check will be reflected on your periodic statement as a credit advance. We do not "certify" Equity Reserve Advance Checks drawn on your Credit Line. Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line: Credit Line Equity Reserve Advance Check Limitations. There are no transaction limitations for the writing of Equity Reserve Advance Checks. Authorized Signers. The words "Authorized Signer" on Equity Reserve Advance Checks as used in this Agreement mean and include each person who (a) signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card for the Credit Line Account. Lost Equity Reserve Advance Checks. If you lose your Equity Reserve Advance Checks or if someone is using them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (717) 909-3200_ You also can notify us at our address shown at the beginning of this Agreement. Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions of this Agreement will govern any transactions made pursuant to any of these new services. Collateral. You acknowledge this Agreement is secured by 137 Blacksmith Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other remedies availabie to us, or do any one or more of these things. Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings, or some other account), including without limitation, all accounts you may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date credit advances are posted to your Credit Line. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit advances made under your Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any payments or credits and any unpaid FINANCE CHARGES. This gives us a daily balance. Then, we add up all the daily balances for the statement cycle and divide the total by the number of days in the statement cycle. This gives us the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance described herein. Then we multiply by the number of days in the statement cycle. This is your FINANCE CHARGE calculated by applying a Periodic Rate. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. We start with an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used (the 'Index"). We will use the most recent Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes unavailable during the term of this Credit Line Account, we may designate a substitute index after notice to you. To determine the Periodic Rate that will apply to your First Payment Stream, we subtract a margin from the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your First Payment Stream. To determine the Periodic Rate that will apply to your Second Payment Stream, we take the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your Second Payment Stream. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. HOME 15QUITY L..AE CREDIT AGREEMENT A14D Di; CLOSURE (Continued) Page 3 The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Any increase in the Periodic Rate will take the form of a higher final payment. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect Quarterly. In no event will the corresponding ANNUAL PERCENTAGE RATE be more than the lesser of 18.000% or the maximum rate allowed by applicable law. Today the Index is 4.250% per annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below: Current Rates for the First Payment Stream Range of Balance or Conditions Margin Added ANNUAL PERCENTAGE to Index Daily Periodic All Balances RATE -0 50096 Rate . 3.750% 0.01027% Current Rates for the Second Payment Stream Range of Balance ANNUAL PERCENTAGE or Conditions RATE Daily Periodic All Balances Rate 4.250% 0.01164% Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds, except as may be permitted during any Right of Rescission period. Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth below: Returned Items. You may be charged $10.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored for any reason, unless applicable law requires a lower charge or prohibits any charge. Fee to Stop Payment. Your Credit Line Account may be charged $12.00 when you request a stop payment on your account. Late Charge. Your payment will be late if it is not received by us within 16 days after the "Payment Due Date" shown on the voucher you receive with each credit advance. If your payment is late we may charge you 5.000% of the payment. Lien Release Fees. In addition to all other charges, you agree, to the extent not prohibited by law, to pay all governmental fees for release of our security interests in collateral securing your Credit Line. You will pay these fees at the time the lien or liens are released. The estimated amount of these future lien release fees is $17.50. Lender's Rights. Under this Agreement, we have the following rights: Termination and Acceleration. We can terminate your Credit Line Account and require you to pay us the entire outstanding balance in one payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (3) Your action or inaction adversely affects the collateral for the plan or our rights in the collateral. This can include,.for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your Credit Limit during any period in which any of the following are in effect: (1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This includes, for example, a decline such that the initial difference between the Credit Limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances. (2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances. (3) You are in default under any material obligations of this Credit Line Account. We consider all of your obligations to be material. Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the property, obligations to notify us and to provide documents or information to us (such as updated financial information), obligations to comply with applicable laws (such as zoning restrictions), and obligations of any comaker. No default will occur until we mail or deliver a notice of default to you, so you can restore your right to credit advances. (4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement. (5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is less than one hundred twenty percent (120%) of the Credit Limit. (6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice. Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes relating to our data processing systems). If the Index is no longer available, we will choose a new Index and margin. The new Index will have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original index becomes unavailable. We may prohibit additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under your Credit Line Account is reached. Collection Costs. We may hire or pay someone else to help collect this Agreement if you do not pay. You will pay us that amount. This includes, subject to any limits under applicable law, our attorneys' fees and our legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, you also will pay any court costs, in addition to all other sums provided by law. Rate Increase. In addition to our other rights during termination and acceleration. we may innroa¢o tho %-A, ll nuuI1AV .,?.,..?.._. __ _ iinrior this 4-.,.....a - n n.,.. HOME F-QUITY LINE CREDIT AGREEMENT AND DISCLOSURE (Continued) Page 4 will not exceed the maximum rate permitted by applicable law. If we do not increase the ANNUAL PERCENTAGE RATE upon termination or acceleration of your Credit Line Account, it will continue at the variable rate in effect as of the date of termination or acceleration of your Credit Line Account. Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Equity Reserve Advance Checks and any other access devices. Any use of Equity Reserve Advance Checks or other access devices following suspension or termination may be considered fraudulent. You will also remain liable for any further use of Equity Reserve Advance Checks or other Credit Line access devices not returned to us. Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid. Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all Equity Reserve Advance Checks and any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty, except we will be entitled to receive all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send us payments marked "paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., CEDAR CLIFF, 1102 Carlisle Road, Camp Hill, PA 17011. Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us written notice of a different address. You agree to advise us promptly if you change your mailing address. Credit Information and Related Matters. You authorize us to release information about you to third parties as described in our privacy policy and our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. You agree that, upon our request, you will provide us with a current financial statement, a new credit application, or both, on forms provided by us. You also agree we may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at any time, including an internal inspection, at our sole option and expense. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit,Line Account and our rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights under the Mortgage. Your rights under this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other obligation under this Agreement. Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for guidance on this subject. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A., CEDAR CLIFF, 1102 Carlisle Road, Camp Hill, PA 17011 Goveming Law. This Agreement will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Agreement has been accepted by us in the Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. You agree that this Agreement, together with the Mortgage, is the best evidence of your agreements with us. If we go to court for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what you owe us or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best evidence of your obligation to pay. Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice and the early home equity line of credit application disclosure, in addition to the handbook entitled "When Your Home Is On the Line: What You Should Know About Home Equity Lines of Credit," given with the application. This Agreement is dated March 20, 2003. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BOR 1QW.iER: i r rf X (Seal) -- arles B. Ewing, fndividually Effective Disbursement Date: HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE (Continued) Page 5 HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURt page 6 (Continued) BILLING ERROR RIGHTS YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify us in case of errors or questions about your bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at COMMERCE BANKIHARRISBURG N.A. 100 SENATE AVENUE CAMP Hill, PA 17011 or at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur. Your rights and our responsibilities after we receive your written notice. We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date on which it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to settled between us when it finally within you the name of l anyone we reported you to. We must tell anyone we report you report t that the h matterJ has have must tell is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. LASER PRO Lending, Ver.5.19.40.6 GOpr. Harland Financial S l.11-s, We. 1997.2003. All Rights Re served. - PA H:%WINAPPS%LPWIN%CFI%LPL1025FC TR- 459 PR-94 uol e, RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. rCEDAR CLIFF 1102 Carlisle Road Camp Hill, PA 17011 RECORD & RETURN TO, WHEN RECORDED MAIL TO: CREDIT LENDERS SERVICE AGENCY COMMERCE BANKIHARRISBURG N.A. R 0. BOX 508 CEDAR CLIFF 1102 Carlisle Road CHERRY HILL, NJ 08003 Camp Hill, PA 17011 . ATTN: PUB. REC. DOC. RECORDING SEND TAX NOTICES TO: COMMERCE BANKMARRISBURG N.A. CEDAR CLIFF 1102 Carlisle Road e• . ;T p Zia 4c, ED B,RLAN ?4UNTY - r 03 RR 4 Rai 11 92 GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantors right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other nights royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "eal Property) located in Cumberland County, Commonwealth of Pennsylvania: Real property located at 137 Blacksmith Road, Camp Hill, Lower Allen Township Cumberland County Pennsylvania, as recorded in deed book 242, page 797, in the office of the recorder of deeds of Cumberland County. The Real Property or its address is commonly known as 137 Blacksmith Road, Camp Hill, PA 17011-8417. The Real Property parcel identification number is 13-25-10-174. REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this Mortgage secures a revolving line of credit, which obligates Lender to make advances to Grantor unless Grantor fails to comply with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It Is the Intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Mortgage and any intermediate balance, plus interest. Grantor presently assigns to Lender all of Grantors right, title, and interest in and to aii present and future-Jeases of the Property and ail Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT WITH THE CREDIT LIMIT OF $15,500.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Exce t as reviousl disclosed to and acknowledged by Lender in writing,t? (a) neither Grantor nor any tenant, EXH U 0b i U A THIS MORTGAGE SECURES FUTURE ADVANCES THIS MORTGAGE dated March 20, 2003, is made and executed between Charles B. Ewl g, ose address is UW 137 Blacksmith Road, Camp Hill, PA 17011-8417 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 1102 Carlisle Road, Camp Hill, PA 17011 (referred to below as "Lender"). f MORTGAGE (Continued) Page 2 contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws.. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Rea! Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied. against or on account of the Property, and shall pay when due all. claims for work done on or for services rendered or material furnished to the Property. Grantor shalt maintain the Property free.of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed-to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right.to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises. or is filed as a result of nonpayment,. Grantor shalt within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the dai'baged or destroyed Improvements in a manner satisfactory to Lender. Lender shalt, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds ,r 32 f ?s ? , Y` • MORTGAGE (Continued) Page 3 which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide •arry required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantors obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in. fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any iifle insurance policy, fitie report, or final fide opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantors title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. j# Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect.until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: W- Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such '4 steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be .entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to P. be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes,,fees,,.documentary stamps, and.. other charges for recording.or.registering this-Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a.sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property. not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial-Code)erzntated on the first page of this Mortgage. 4 i €? } f + • MORTGAGE (Continued) Page 4 FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may,, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Credit Agreement, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Grantor will be in default under this Mortgage if any of the following happen: (A) Grantor commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Dettciency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice. of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with'any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. MORTGAGE (Continued) Page 5 Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or` the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreennant rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near.the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Charles B. Ewing, and all other persons and entities signing the Credit Agreement. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated March 20, 2003, with credit limit of $15,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Charles B. Ewing. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any traction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender-to discharge Grantofs'obligations or expenses incurred by MORTGAGE (Continued) Page 6 Lender to. enforce Grantor's obligations. under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG NA., its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Credit Agreement. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, a.,nd all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any safe or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Properly" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANT X Seal) Arles B. Ewing, Individually CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANKIHARRISBURG N.A., herein is as follows: CEDAR CLIFF, 1102 Carlisle Road, Camp Hill, PA 17011 Attorney or Agent f Mortgagee T Certify this to be recorded INDIVIDUAL ACKNOWLEIDGIVIENIZerland County PA COMMONWEALTH OF PENNSYLVANIA t ;. ) SS COUNTY OF C,/ M ,/ ??JL. ) /?/? no On this, the Re day of Z? ;?" ?, 20 before me- ?`D e ? the undersigned Notary Public, personally appeared Charles B. Ewing, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. k i 'rte i ?° Not.-dal Seal ?j " < r a Cir?:1 L. Wolf, Notary Publ?C Notary Public in and for the State of S° ? j ! Lower AJIGn Tvm., Cumberland County ?- s. r7r1 _T, M ly C ni sion Ecrnres Aug_ 22, 2006 .3 ' ' ?' N{ a ne,2''^ =gnnc±•t nia asGC?.:Cn Of Notaries l 5.19.40.09 Coor. Harland Financial Solutions, Inc. 1901, 2003. All Rights Ratt-d. - PA H;%WINAPPSILPWINICR\LPL1003FC TR-9159 PR-44 U e-, it 0 ` 7 1 t / Lf Parcel Identification Number: 13-25-0010-174 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. CEDAR CLIFF 1102 CARLISLE ROAD CAMP HILL, PA 17011 WHEN RECORDED MAIL TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111-1418 COPY SEND TAX NOTICES TO: Charles B. Ewing 137 Blacksmith Road Camp Hill, PA 17011-8417 FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated February 26, 2008, is made and executed between Charles B. Ewing, whose address is 137 Blacksmith Road, Camp Hill, PA 17011-8417 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 1102 CARLISLE ROAD, CAMP HILL, PA 17011 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated March 20, 2003 (the "Mortgage") which has been recorded in Cumberland County, Commonwealth of Pennsylvania, as follows: Recorded in the Recorded of Deeds Office of Cumberland County on April 4, 2003 in Book #1804 Page 1718. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its address is commonly known as 137 Blacksmith Road, Camp Hill, PA 17011-8417. The Real Property parcel identification number is 13-25-0010-174. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: Principal increase from $15,500.00 to $30,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the' "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED FEBRUARY 26, 2008. THIS MODIFICATION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MODIFICATION IS AND SHALL EXIMISIT C MODIFICATION OF MORTGAGE Loan No: 930000088 (Continued) Page 2 CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTO X (Seal) Charles B. Ewing LENDER: COMMERCE BANK/HARRISBURG N.A. X •,? ?- (Seal) Authorized f2ficer CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HAR SBURG N.A., herein is as follows: CEDAR CLIFF, 1102 CARLISLE ROAD, CAMP HILL, PA 17011 Attorney or A t for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA r h /J ) SS COUNTY OF Cit'a rf?Y% ) Qn tiis, the y day of -1W 20 (SrS' , before me hw? the undersigned Notary Public, p sonally appeared Charles B. Ewing, known to me (or satisfac rily proven) to be the person whose name is subscri d to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official se Z , COMMONWEALTH OF PENNSYLVANIA Notarial Seal _ Chnstop WM.I-Immidter, Notary public Lower Alen Twp., Cumberland C=* N tary Public in and for the State of My CWWdsSion Expires April 30, 2011 Member, Pennsylvania Association of Notaries MODIFICATION OF MORTGAGE Loan No: 930000088 (Continued) Page 3 LENDER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF C fl?Ji ) _s ?Cy ~` day of Zttt«rw1 20 GJ? befe e_ Cam! _ the undersigned Notary Public, er onally appeared-?- c,,. wh ad cknowledged himself or herself to the iturrc of COMMERCE BANK/HARRISBURG N.A., and that he or she as suc .g being authorized to do so, executed the foregoing instrument for the pprpDggs t ereiq contt ned_pysigning the name of COMMERCE BANK/HARRISBURG N.A. b himself or herself as 7th / In witness whereof, I hereunto set my hand and official I. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ct1riSEop W M. Harnirnw ter, Notary f tic Notary Public in and for the tate of f - i..w ! LowerAHen Twp., Curtteedand My Corrxrfsion EVInm April 30, 2011 Member, Pennsylvania Association .of Notaries LASER PRO Lending, Ver. 5.39.00.008 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - PA S:\CFI\LPL\G201.FC TR-6459. PR-44 EXHIBIT "A" ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Rook 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet to a point; thence South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 seconds West 100 feet to a point on the eastern right of way line of Blacksmith Road; thence along the same North 39 degrees 02 minutes 52 seconds West 100 feet to the point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. May 20, '°°° Commerce C&v* ACT 6/91 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 servingouur County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO 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. Commerce Bank / Harrisburg PO Box 4999 3801 Paxton Street Harrisburg, PA 17111-0999 co.mmercepc.com CHARLES B EWING 137 BLACKSMITH RD CAMP HILL PA 17011 Property Address -137 BLACKSMITH RD, CAMP HILL Loan account number - 930000088 Original lender - Commerce Bank/Harrisburg Current Lender/Servicer - Commerce Bank/Harrisburg 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 the PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU IN VE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITHPHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORATILYPREVENTED FROM STARTINGA 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 LA TE APPLICA TION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALL Y APPRO VED 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.) 1 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 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 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 Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of he Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Commerce Bank, Harrisburg Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: 717-412-6894 Fax Number: (717) 909-0589 Contact Person:Jessica Rodriguez Consumer/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 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 _X_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 RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEP R.). • 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. f F ? CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY Adams County Interfaith Housing Authority (717) 334-1518 BERKS COUNTY American Credit Counseling Institute (888) 212-6741 Budget Counseling Center (610) 375-7866 CUMBERLAND COUNTY CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Community Action Commission (717) 232-9757 DAUPHIN COUNTY PHFA (717) 780-3940 Community Action Commission (717) 232-9757 LEBANON COUNTY Schuylkill Community Action (570) 622-1995 Tabor Community Service, Inc. (717) 397-5182 LANCASTER COUNTY Tabor Community Services, Inc (717) 397-5182 PERRY COUNTY Community Action Commission (717) 232-9757 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 YORK COUNTY Housing Alliance of York (717) 854-1541 Adams County Interfaith Housing Authority (717) 334-1518 FRANKLIN COUNTY Maranatha (717) 762-3285 I 0' A x .. CD a 0 3 3 co : m 2 .. ?j '?C` D. a P:.?c av m c m _; 7009 082 11 0001 7824 0945 g ?? = m 3 m CD ? a t _ + ?• _ :J _ m D SID CL one `` j ?` ?gm°ama 111????ff/ "` 5 p- f/1 CD 7 ue ` ru L ? 1 n c . s ' f. ? ? D 1 o I i ?_ y p ?O w g 1J .. CD ??? toL $ O 31 _lD C !N O r l Flt, OF THE MTHMTARY 2010 FEB -b PM 2: 58 CUMELr'L-A1 dU t.,WNTY PEVNXVANjjA HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A., t/d/b/a METRO BANK, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. I ( (!,('M 10 - q 4 (-),, I V I CHARLES B. EWING, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John H. Whitmoyer, of Henry & Beaver LLP, 937 Willow Street, P.O. Box 1140, Lebanon, PA 17042-1140, on behalf o91-6mmne Bank, the Plaintiff. hn H. Wh .D.#07038 Dated: February 3, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor j? OFF r T=ILE-,,, - ? 2C 10 r sir H. 11 " t c ' 8 Commerce Bank/ Harrisburg, NA vs. Charles B. Ewing Case Number 2010-964 SHERIFF'S RETURN OF SERVICE 02/19/2010 01:27 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 19, 2010 at 1327 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles B. Ewing, by making known unto himself personally, at 137 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 February 22, 2010 SO ANSWERS, O Y R ANDERSON, SHERIFF B eputy Sheriff (dl Cou^iyS.aite 5:^c:(,R. 7e::?cs0't. In;;. FiLFt i _ 2'19 i~~,'~ 17 i i`a ~~ .~~ CUB' ~ ~~ _ ;~ °4" Y w~~,,.~ .. ~, J: HENRY & BEAVER LLP By: John H. Whitmoyer I . D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. t/d/b/a METRO BANK, Plaintiff vs. CHARLES B. EWING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-964 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Commerce Bank/Harrisburg, N.A., t/d/b/a Metro Bank, and against Defendant, Charles B. Ewing, for his failure to plead to the Complaint in this action within the time required. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendant, Charles B. Ewing, was served with the Complaint on February 19, 2010, and his answer was due to be filed on March 11, 2010. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File $~~.oo ~ A`rN CfGi`' l04 L3a ~.~"a~aa~8 Praecipe for Entry of Default Judgment which I certify was given in accordance with Pa.R.C.P. 237.1 by regular mail to the Defendant, Charles B. Ewing, at his last known address on April 23, 2010, which is at least ten (10) days prior to the filing of this Praecipe. Please assess damages in the amount of $34,134.64 together with interest and costs, being the amount demanded in the Complaint. HENRY & BEAVER LL By: C f~l /l' _ ,Gl n H. Whitmoyer . D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042- (717) 274-3644 Attorney for Plaintiff 2 C~Op~ HENRY & BEAVER LLP By: John H. Whitmoyer . D. #07038 937 Willow Street P.O. Box i 140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. IN THE COURT OF COMMON PLEAS t/d/b/a METRO BANK, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION -LAW vs. No. 10-964 Civil Term CHARLES B. EWING, Defendant To: Charles B. Ewing,137 Blacksmith Road, Camp Hill, PA 17011-8417 Date of Notice: April 23, 2010 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 (10) 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. EXHIBIT ~- 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 SERI~!CES TO ELlG{BL E PERSONS AT A REDUCED FEE OR NO FEE. Mid-Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 HENRY & BEAVER L By: JbFin H. Whitmoyer D.#07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1 (717) 274-3644 Attorney for Plaintiff ~~_~.. - 2 - i i - u-vrr~srarES ,~~~;~,~•~ PosraLSERVlCF® ~I'tIfICBt f ~81~111 met~erypfostage heremps cr This Certificate of Maihn° provitles dent a[ m haste ,fir en "P~i This form maybe used for domesticn ~ntQ ational maid .!' es From: ~ .- - ~ P $ $ 7 '~ 1 9 9 6 P_U_1~c11f~M,yi=n FRnne t FRtrarc(J AA 1 7 CI ~+ 6 t~on> ~A a roan-n ~o T° Charles B. E'W1RQ Postmark Here„ 137 Blacksmith Road , ~,~ ~? ,. Camp Hill, PA 1701108417 PS Form 3817, April 2007 PSN 7530-02-000-9065 HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. t/d/b/a METRO BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. CHARLES B. EWING, Defendant No. 10-964 Civil Term To: Charles B. Ewing, 137 Blacksmith Road, Camp Hill, PA 17011-8417 NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in the above proceeding was entered against you on 5~/d in the amount of $34,134.64 plus interest and costs. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. PROTHONOTARY By: ~ Deputy Date: May , 2010 ~r ~i it ~ w~ I,..,'~ Yu~ CQlO,.lu~t-~ ~~11E• E~•5 HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. t/d/b/a METRO BANK, Plaintiff vs. CHARLES B. EWING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-964 Civil Term PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE To the Prothonotary: Issue a Writ of Execution in the above matter directed to the Sheriff of Cumberland County to levy upon the real property commonly known as 137 Blacksmith Road, Camp Hill, Pennsylvania and as more fully described in Exhibit "A" attached hereto. Principal - $ 28,872.28 Interest to 12/31/09 - 395.95 Late Fees - 66.51 Mortgage satisfaction fees Attorney's fees and Costs for collection 5,000.00 O.C. P. P. - This Writ - ssy~ov ~d ~`fl'j c~~y~.9.~ R~ a-~3 35 ~ ~ `d ~-, 0 6 Gra~'S Q ~ ~yN ~~ u yi, ~a.,sd P~ ~y HENRY & BEAVER LLP By: 6nn n. wrntmoyer .D.#07038 937 Willow Street P.O. Box 1140 Lebanon, PA 170 - (717) 274-3644 Attorney for Plaintiff ~~,o~ ~~~~. ~Q ~. 5 0 ~ ~. ~. ~ c. a S V ~ 1. EXHIBIT "A" ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Rook 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way-line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet .to a point; thence South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast comer of Lot INTO. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 seconds West 100 feet to a point on the eastern right of way line of Blacksmith Road; thence along the same North 39 degrees 02 minutes 52 seconds West 100 feet to the point and place of BEGINNING. HAVIl~tG thereon dwelling house known as 137 Blacksmith Road. Tag Parcel No. 13-25-0010-174 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-964 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, N.A. T/D/B/A METRO BANK Plaintiff (s) From CHARLES B. EWING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$28,672.28 L.L.$.50 Interest TO 12/31/09 - $395.95 Atty's Comm % Due Prothy $2.00 Atty Paid $174.44 Other Costs LATE FEES - $66.51 ATTORNEY'S FEES AND COSTS FOR COLLECTION - $5000.00 Plaintiff Paid Date: NNE 9, 2010 (Seal) ~~~ Da ' .Buell, Prothonotary By: Deputy REQUESTING PARTY: Name JOHN H. WHITMOYER, ESQUIRE Address: HENRY & BEAVER LLP, 937 WILLOW STREET, P.O. BOX 1140, LEBANON, PA 17042-1140 Attorney for: PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 07038 FILE+~~~- .:,.,y 201~.,v~~ -~ ~~` i~~ ~~. - f ,. HENRY & BEAVER LLP By: John H. Whitmoyer I . D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. IN THE COURT OF COMMON PLEAS t/d/b/a METRO BANK, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION -LAW vs. No. 10-964 Civil Term CHARLES B. EWING, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg, N.A., t/d/b/a Metro Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 137 Blacksmith Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Charles B. Ewing 137 Blacksmith Road, Camp Hill, PA 17011 2. Name and address of Defendant in the judgment. Name Address Charles B. Ewing 137 Blacksmith Road, Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Cumberland Co. Tax Claim Bureau Address 1 Courthouse Square Carlisle, PA 17013 Lower Allen Township Discover Bank Commerce Bank/Harrisburg, N.A. t/d/b/a Metro Bank Administration Building 2233 Gettysburg Road Carlisle, PA 17013 502 E. Market Street Greenwood, DE 19950 3801 Paxton Street, Harrisburg, PA 17111 4. Name and address of the last recorded holder of every mortgage of record: Name Address Commerce Bank/Harrisburg, N.A. 3801 Paxton Street, Harrisburg, PA 17111 t/d/b/a Metro Bank 5. Name and Address of every other person who has any record lien on the property: Name Address Cumberland Co. Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Lower Allen Township Administration Building 2 2233 Gettysburg Road Carlisle, PA 17013 Discover Bank 502 E. Market Street Greenwood, DE 19950 Commerce Bank/Harrisburg, N.A t/d/b/a Metro Bank 3801 Paxton Street, Harrisburg, PA 17111 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 Charles B. Ewing 137 Blacksmith Road, Camp Hill, PA 17011 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 Cumberland Co. Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Lower Allen Township Administration Building 2233 Gettysburg Road Carlisle, PA 17013 Discover Bank Commerce Bank/Harrisburg, N.A t/d/b/a Metro Bank Cumberland County Courthouse Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 502 E. Market Street Greenwood, DE 19950 3801 Paxton Street, Harrisburg, PA 17111 1 Courthouse Square Carlisle, PA 17013 Bureau of Compliance Dept. 280946 Harrisburg, PA 17125-0946 3 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Attn: John Murphy Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Federal Estate Tax Special Procedures Branch Internal Revenue Service Advisory Unit P.O. Box 2675 Harrisburg, PA 17015 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17015 P.O. Box 12051 Philadelphia, PA 19105 600 Arch Street, Room 3259 Philadelphia, PA 19106 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. HENRY & BEAVER L Date: June 8, 2010 gy; ., nn n. vvnitmoyer .D.#07038 Attorney for Plaintiff 4 f~! l i . ~1 E~IIBIT "A" ALL THAT CERTALN parcel known as Lot 25, Section B, Allendale, bower ~l.len Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Cff ce in Plan Rook 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from the southeast comer of the right of way.line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet .to a point; thence South 39 degrees 02 minutes 52 seconds East I00 feet to a point at tb.e northeast. corner of Lot l~TO. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 seconds West 100 feet to a point on the eastern right of way line of Blacksmith Road; thence along the same North 39 degrees 02 minutes 52 seconds West I00 feet to the point and place of BEGL~7~rlNG. HAVING thereon dwelling house known as-137 Blacksmith Road. Tag Parcel No. 13-25-0010-174 ~Y T~°" ~,,,,,. ~' ZQI~ ~i~~~ -~ h1~ ~ ~ ~ X14 ~'~": r'. u.: ~;~i1PJT'Y ~)y A 1 rj~~t ~,(r~ 1~F~U ~~~'f COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS N.A. t/d/b/a METRO BANK, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION -LAW vs. No. 10-964 Civil Term CHARLES B. EWING, Defendant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs Sale of valuable real estate will be held in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on WEDNESDAY SEPTEMBER 8, 2010 10:00 A. M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims, and demands of the property of Charles B. Ewing which are more fully described below: OWNER OF PROPERTY: Charles B. Ewing LOCATION OF PROPERTY TO BE SOLD: 137 Blacksmith Road Lower Allen Township Camp Hill, Cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit ..A.. IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs Sale takes place pursuant to a Judgment against Charles B. Ewing in favor of Commerce Bank/Harrisburg, N.A., t/d/b/a Metro Bank which Judgment was entered at No. 10-964 Civil Term in the principal amount of $28,672.28, plus unpaid interest to the date of sale, late charges, a collection fee of $5,000.00 and costs. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper 2 causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Ronny R. Anderson Sheriff of Cumberland County John H. Whitmoyer . D. #07038 HENRY & BEAVER LLP Attorney for Plaintiff 3 -'> y, ~, ,; ~ ~ - E~-IIBIT "A" /'t 1 ~ - ALL THA'i' CERTALN parcel known as Lot 25, Section B, Allendale, Lower ?~l.len Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County - Recorder's Office i_n Plan Rook 27, Page 100, bounded and described in accordance with ' said Plan as follows: - BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road tom the southeast corner of the right of way.line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Plan) a SO foot right of way; thence along Lot No. 26 North ~0 degrees 57 minutes 08 seconds East 100 feet .to a point; thence South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the nor`~heast corner of Lot INTO. 24; thence by said Lot No. 24' South 50 degrees 57 minutes 08 seconds West 100 feet io a point on the eastern. right of way line of Blacksmith Road; thence along the same North 39 degrees OZ minutes 52 seconds West 100 feet to the point and place of BEGLT,TNLNG. HAV-L~iG thereon dwelling house known as 137 Blacksmith Road. Tag Parcel No. 13-25-0010-I74 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~' Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FlLEi~-t~~- ~~ r~~= Tl ~ ~. ~ ~s~~T"~4Y ~~ ..~~ ~- ~f z ~ _„~.t, ~~ _ ~ , -: ;NF r~~' -2 ~t~ g~ 53 PEr"'v; w~YLb'~IViA Commerce Bank/ Harrisburg, NA Case Number vs. Charles B. Ewing 2010-964 SHERIFF'S RETURN OF SERVICE 06/23/2010 07:04 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-201 C at 1901 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles B. Ewing, located at, 137 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania according to law. 07/19/2010 05:25 PM -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: Charles B. Ewing, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Charles B. Ewing, defendant no longer resides at address provided, per neighbor defendant picks up mail at this address but does not live there, no forwarding at post office. 0 8/2 612 0 1 0 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Whitmoyer on 8/25/10 SHERIFF COST: $1,080.94 SO ANSWERS, ~~ August 27, 2010 RON R ANDERSON, SHERIFF -mod P~ . CF~~ .. S ~~ ~~ ~~ ~~ ~~7~~~~ C~OG°'~ HENRY & BEAVER LLP By: John H. Whitmoyer . D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A. t/d/b/a METRO BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. CHARLES B. EWING, Defendant No. 10-964 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Commerce Bank/Harrisburg, N.A., t/d/b/a Metro Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 137 Blacksmith Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Charles B. Ewing 137 Blacksmith Road, Camp Hill, PA 17011 2. Name and address of Defendant in the judgment. Name Address Charles B. Ewing 137 Blacksmith Road, Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Cumberland Co. Tax Claim Bureau Address 1 Courthouse Square Carlisle, PA 17013 Lower Allen Township Discover Bank Administration Building 2233 Gettysburg Road Carlisle, PA 17013 502 E. Market Street Greenwood, DE 19950 Commerce Bank/Harrisburg, N.A. 3801 Paxton Street, t/d/b/a Metro Bank Harrisburg, PA 17111 4. Name and address of the last recorded holder of every mortgage of record: Name Address Commerce Bank/Harrisburg, N.A. 3801 Paxton Street, Harrisburg, PA 17111 t/d/b/a Metro Bank 5. Name and Address of every other person who has any record lien on the property: Name Address Cumberland Co. Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Lower Allen Township Administration Building 2 2233 Gettysburg Road Carlisle, PA 17013 Discover Bank 502 E. Market Street Greenwood, DE 19950 Commerce Bank/Harrisburg, N.A. 3801 Paxton Street, t/d/b/a Metro Bank Harrisburg, PA 17111 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 Charles B. Ewing 137 Blacksmith Road, Camp Hill, PA 17011 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 Cumberland Co. Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Lower Allen Township Administration Building 2233 Gettysburg Road Carlisle, PA 17013 Discover Bank Commerce Bank/Harrisburg, N.A. t/d/b/a Metro Bank Cumberland County Courthouse Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 502 E. Market Street Greenwood, DE 19950 3801 Paxton Street, Harrisburg, PA 17111 1 Courthouse Square Carlisle, PA 17013 Bureau of Compliance Dept. 280946 Harrisburg, PA 17125-0946 3 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Attn: John Murphy Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Federal Estate Tax Special Procedures Branch Internal Revenue Service Advisory Unit P.O. Box 2675 Harrisburg, PA 17015 6th Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17015 P.O. Box 12051 Philadelphia, PA 19105 600 Arch Street, Room 3259 Philadelphia, PA 19106 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: June 8, 2010 HENRY & BEAVER L P By: , J n H. hitmoyer .D. #07038 Attorney for Plaintiff , 4 E_~IIBIT "A" ALL TPL`~T CERTAIN parcel known as Lot 25, Section B, Allendale, Lov~Ter Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Rook 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNLNG at a point on the eastern right of way line of Blacksmith Road, a ~0 foot right of way, said point being located and referenced a distance of 889.26 feet in a sou'~ieasterly direction along the eastern right of way line of Blacksmith Road tom the southeast corner of the right of way.line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Plan) a ~0 foot right of way; thehce along Lot No. 25 North ~0 degrees 57 minutes 08 seconds East 100 feet .to a point; '-thence South 39 deg!-ees 02 minutes 52 seconds East 100 feet to a point at the nor-iheast corner of Lot No. 24; jihence by said Lot N o. 2^ South 50 degrees 57 minutes 08 seconds West 100 feet to a point on the eastern. right of way line of Blacksmith Road; thence along the same North 39 deo-r-ees 02 rr~inutes 52 seconds crest 100 feet to the point ~d place ofBEGL~~?~IZNG. IiAVZNG ~ihereon dwelling house Down as ~ 37 Blacksmi h Road. Tag Parcel No. 13-25-0010-I74 COMMERCE BANK/HARRISBURG, N.A. t/d/b/a METRO BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. CHARLES B. EWING, Defendant No. 10-964 Civil Term NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs Sale of valuable real estate will be held in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on WEDNESDAY SEPTEMBER 8, 2010 10:00 A. M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims, and demands of the property of Charles B. Ewing which are more fully described below: OWNER OF PROPERTY: Charles B. Ewing LOCATION OF PROPERTY TO BE SOLD: 137 Blacksmith Road Lower Allen Township Camp Hill, Cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit ..A.. IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs Sale takes place pursuant to a Judgment against Charles B. Ewing in favor of Commerce Bank/Harrisburg, N.A., t/d/b/a Metro Bank which Judgment was entered at No. 10-964 Civil Term in the principal amount of $28,672.28, plus unpaid interest to the date of sale, late charges, a collection fee of $5,000.00 and costs. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper 2 causes. After the Sheriff's Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Ronny R. Anderson Sheriff of Cumberland County John H. Whitmoyer I . D. #07038 HENRY & BEAVER LLP Attorney for Plaintiff 3 • y r~ •. I %{ ~, ,~ ~1 E_~-L[BTT "A" A_LL TFLAT CERTALN parcel known as Lot 2~, Section B, Allendale, Lower Allen Township, Cumberland Count', Pennsylvania, said Plan recorded in Cumberland County Recorder's Office L~ Plan Rook 27, Page 100, bounded and described in accordance with said Plan as follows: BBGLNNLNG at a point on the eastem right of way line of Blacksmith Road, a ~0 foot right of way, said point being located and referenced a distance of 88926 feet in a soutlieasterl_y direction along the eastern right of way line of Blacksmith Road mom the southeast corner of the right of way.line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Plan a ~0 foot ri r 26 Notih ~0 degrees 57 minutes 08 seconds East 100 f eet t Wa point thence So ~th 9 degrees 02 minutes 52 seconds East 100 feet to a point at the nor-~heast corner of T of ?fro. 24; thence by said Lot N o. 2^ South 50 deg=ees 57 minutes 08 seconds West 100 feet to a point on the eastern, right of way line of Blacksmith Road; thence along the same North 39 dea-rees OZ minutes 5~ seconds VvTest I00 feet to the poi;~i ~d place of BEGL1~Pt~LNG. Kg~'~NG thereon dwellinc house }mown as ~ 37 Blacksmith Road. Tax Parcel No. I3-25-0010-174 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-964 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, N.A. T/D/B/A METRO BANK Plaintiff (s) From CHARLES B. EWING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$28,672.28 L.L.$.50 Interest TO 12/31/09 - $395.95 Atty's Comm % Due Prothy $2.00 Atty Paid $174.44 Other Costs LATE FEES - $66.51 ATTORNEY'S FEES AND COSTS FOR COLLECTION - $5000.00 Plaintiff Paid Date: JUNE 9, 2010 (Seal) REQUESTING PARTY: Name JOHN H. WHITMOYER, ESQUIRE Address: HENRY & BEAVER LLP, 937 WILLOW STREET, P.O. BOX 1140, LEBANON, PA 17042-1140 Attorney for: PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 07038 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 137 Blacksmith Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ~~~ `~~ Real Estate Coordinator The Patriot-News Co. ' " 2c120 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~1e ~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holy Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 .\~ .. ., Sworn to and scribed before me this. 05 07/16/10 07/23/10 August, 2010 A.D. v v Public COMMONWEq~~6~ ClF ~'~NNSYIWygN~~ Sheme ~ ~o~eal ~~ Lower Paxton Tw , ~' Public My Comml p' Dauphin County ssfon Expires Nov, z-+~1 ~ Member, Pennsylvania AssUCiaticn of Notaries WrK No. 2010.864 CIviI Term Comm Banal Harrisburg, NA Vs Charles B. Ewing Airy: John N: Whftmoyer ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Book 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from dte souttieast comer of the right of way line of Fieldstone Road (erroneously. dcsignated as Chimney .Lane on the aforemendoaed Plan) a 50 foot right of way; thence along Lot No. 26 north 50 degrees 57 minutes 08 seconds East 100 feet to a point; thence South 39 degrees 02 minutes 52 seconds East 100 feet w a point at the northeast comer of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minates 08 seconds West 100 feet to a point on the eastem right of way line of Blacksmith Road; thence along the same North 39 degrees 02 minutes 52 sewnds West 100 feet to the point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. Taz Parcel No.13-25.0010-174 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E for SW TO AND SUBSCRIBED before me this 0 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLUNS Notary Public CARLISLE BOROUGH, CUM9ERLANO COUNTY My Commission Expires Apr 28, 2014 Writ No. 2010-964 Civil Commerce Bank/Harrisburg, NA vs. Charles B. Ewing Atty.: John H. Whitmoyer ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland Coun- ty, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Book 27, Page 100, bounded and described in accor- dance with said Plan as follows: BEGINNING at a point on the east- ern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a south- easterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Planj a 50 foot right of way; thence along Lot No. 26 north 50 degrees 57 minutes 08 seconds East 100 feet to a point; thence South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minutes OS seconds West 100 feet to a point on the east- ern right of way line of Blacksmith Road; thence along the same North 39 degrees 02 minutes 52 seconds West 100 feet to the point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. Tax Parcel No. 13-25-0010-174. ~ - ".; . f Mette, Evans and Woodside Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 (717)232-5000 (717) 236-1816 (fax) mlvaneck(a,mette. com Attorneys for Plaintiff COMMERCE BANK/ HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. ; DOCKET NO.: 2010-00964 CHARLES B. EWING, Defendant. PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter settled, satisfied and ended with prejudice. Date: June 20, 2012 By: Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 Attorney for Plaintiff Q VA It)dN 576272v1 a-nCP3(+