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Revised: 2/22/10 2:25PM
11412.8
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
f,r 7' 1-!f r rC
20 T FED 3 r. ?
& FALLER
METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG N.A.,
Plaintiff,
V.
CHARLES F. BISTLINE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 CIVIL
IN MORTGAGE FORECLOSURE
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 Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone (717) 249-3166
?il- xaAi?
--3 9v0
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
1.5 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 the Acts may apply, please be advised of the following:
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. The Creditor's law firm, Martson Deardorff
Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor.
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
Debtor/Mortgagor, within thirty (30) days after receipt of this notice, disputes, in writing,
the validity of the debt or some portion thereof.
4. If the Debtor/Mortgagor notifies the Creditor's law firm in writing within thirty 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.
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 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:
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
Attn: Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
*THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A
DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG N.A.,
Plaintiff,
V.
CHARLES F. BISTLINE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 2,al?CIVIL
IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff, METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG N.A., by and through its attorneys, MARTSON DEARDORFF WILLIAMS
OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following:
1. Plaintiff, Metro Bank, Fk/a Commerce Bank/Harrisburg N.A., is a Pennsylvania
Banking Corporation with a principal place of business at 3801 Paxton Street, Harrisburg,
Pennsylvania 17111.
2. Defendant, Charles F. Bistline, is an adult individual residing at 464 Bloserville Road,
Newville, Cumberland County, Pennsylvania 17241.
3. Defendant is the owner of the real property located at 464 Bloserville Road, Newville,
Cumberland County, Pennsylvania 17241, and is more fully described in a deed in the Office of
Recorder of Deeds of Cumberland County, Pennsylvania, Deed Book 186, Page 411, (the "Real
Property") which is subject to the Mortgage (hereinafter defined).
4. On April 13, 2005, Defendant, in consideration of his indebtedness to Plaintiff in the
amount of Seventy Thousand Dollars ($70,000.00), made, executed and delivered to Plaintiff a
Promissory Note in favor of Plaintiff (the "Note"). A true and correct copy of the Note is attached
hereto as Exhibit "A."
5. As security for the performance of his obligations under the Note, Defendant, as
Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real
Property (the "Mortgage"), which Mortgage is recorded in the Office of Recorder of Deeds of
Cumberland County, Pennsylvania in Mortgage Book 1919, Page 609. A true and correct copy of
the Mortgage is attached hereto and incorporated herein by reference as Exhibit "B."
6. The Mortgage has not been assigned.
7. Defendant, as terre-tenant, is the real owner of the Real Property and Plaintiff knows
of no other persons holding an ownership interest in the Real Property.
8. Beginning with the payment due on September 13, 2009, for the Note, Defendant has
failed to pay Plaintiff the payments due and the accrued late fees as demanded, and is thereby in
default.
9. Pursuant to the terms of the Note, Plaintiff has made demand for payment of all sums
due and owing thereunder, but payment in full, which includes arrearages, has been refused.
10. As authorized under the Note and/or Mortgage, the loan obligations to Plaintiff from
the Defendant have been accelerated.
11. As of December 17, 2009, Defendant now owes $56,017.29, plus interests, fees, and
costs, as follows:
Principal Balance for Note: $56,017.29
Interest $0.00
Late Payment Charges: $729.78
Court Costs and Fees (estimated): $750.00
Attorney's Fees (estimated): $5,601.72
TOTAL: $63,098.79*
*Plus interest accruing at $9.20 per day
from December 17, 2009, until the
debt is paid in full.
12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and
Attorney Fees listed above should additional services be requested and/or costs/charges/fees be
incurred as a result of the collection of the money owed and foreclosure of the Real Property.
13. As of December 17, 2009, the amount due and owing from Defendant under the Note
is the amount of $63,098.79, plus interest from December 17, 2009, at the rate of $9.20 per day until
the debt is paid in full.
14. The Mortgage attached as Exhibit "B" is a residential mortgage under the provisions
of the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. § 101, et seq., as amended.
15. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. §
1680.403(c) (the "Notice"), Plaintiff sent the required notice of intention to foreclose mortgage and
of the mortgage assistance program ("the Notice") dated November 13, 2009, to Defendant by
certified mail, return receipt requested.
16. Defendant has failed to completely cure the default and failed to meet the time
limitations specified in the Notice.
WHEREFORE, Plaintiff demands judgment against Defendant under the Note in the
amount of $63,098.79, plus interest from December 17, 2009, at the rate of $9.20 per day until the
debt is paid in full, along with any additional costs or attorney fees incurred thereafter.
MARTSON LAW OFFICES
By: C .5-
Christopher E. Rice
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: Attorneys for Plaintiff
This is a debt collecting firm. Any information obtained will be used for that purpose.
EXHIBIT "A"
PROMISSORY NOTE
t 8!! M if Nor e+tlF € cai ` Ao oun
..,:f1 , 100
$
References in the shaded area are for Lender's 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 F. Blstline (SSN: 194-44-8180)
464 Bloservile Road
Newvills, PA 17241
Lender: COMMERCE BANK/HARRISBURG N.A.
SIMPSON FERRY
5032 SIMPSON FERRY ROAD
MECHANICBURG, PA 17055
(717) 766-6800
Principal Amount: 870,000.00 Interest Rate: 5.990% Date of Note: April 13, 2005
PROMISE TO PAY. 1 ("Borrower") promise to pay to COMMERCE BANK/HARRISBURG N.A. 1"Lender"), or order, In lawful money of the United
States of America, the principal amount of Seventy Thousand & 001100 Dollars (570,000.00), together with interest at the rate of 5.990% per
annum on the unpaid principal balance from April 13, 2005, until paid In full. The Interest rate on this Note will increase under the following
circumstances: IF THE AUTOMATIC PAYMENT IS DISCONTINUED BY THE BORROWER OR THE LENDER. The Interest rate on this Note will
Increase as follows: THE INTEREST RATE WILL INCREASE BY ONE QUARTER OF ONE PERCENT (.250%). The following information also
relates to the termination of the preferred rate: THERE IS AN ADMINISTRATIVE FEE OF $25.00. Unless waived by Lender, any increase in
the interest rate will increase my number of payments.
PAYMENT. 1 will pay this loan in 180 payments of 0590.50 each payment. My first payment Is due May 13, 2005, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on April 13, 2020, and will be for all principal and all
accrued Interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be
applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any into charges. Interest on this
Note Is computed on a 3651385 simple Interest basis; that Is, by applying the ratio of the annual Interest rate over the number of days in a year,
muftfl*d by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at
Lender' a address shown above or at such other place as Lender may designate in writing.
PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. Following is a description of the event that
would cause the preferred rate reduction to terminate, how the new rate will be determined upon termination of the preferred rate reduction and
any rules pertaining to the termination of the rate reduction,
Description.of Event That Would Cause the Preferred Rate Reduction to Terminate.
IF THE AUTOMATIC PAYMENT IS DISCONTINUED BY THE BORROWER OR THE LENDER.
How The New Rate Wgl Be Determined Upon Termination of the Preferred Reduction.
THE INTEREST RATE WILL INCREASE BY ONE QUARTER OF ONE PERCENT 1.250%1.
Rules.
THERE IS AWADMINISTRATIVE FEE OF 025.00.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments: will net, unless agreed to
by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce
the principal balance due and may result in my making fewer payments. 1 agree not to send Lender payments marked "paid in full", "without
recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will
remain obligated to pay any further amount owed to Lender. 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.,
LOAN SERVICING, 100 SENATE AVENUE CAMP HILL, PA 17011.
LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from
the date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable
law. If judgment is entered in connection with this Note; interest will continue to accrue on this Note after judgment at the existing interest rate
provided for in this Note.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
Default in Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales
agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to
repay this Note or perform my obligations under this Note or any of the related documents.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this. Note or the related
documents is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collaterelization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft.
substantial damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
EXHIBIT "A"
PROMISSORY NOTE
Loan No: 400211820 (Continued) Page 2
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its
option, may, but shalt not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same
provision of this Note within the preceding twelve 0 2) months, it may be cured if 1, after receiving written notice from Lender demanding
cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately
initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance on this Note and all accrued unpaid interest immediately due, and then I will pay that amount.
ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone also to help collect this Note if 1 do not pay. I will pay Lender that amount.
This includes, 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, expenses for bankruptcy proceedings fincluding efforts to modify or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law,. I also will pay any court costa, in addition to all other sums provided by law.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender In the
Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I 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. I authorize
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts.
COLLATERAL. I acknowledge this Note is secured by Real Property located at 464 Bloserville Road, Newville, PA 17241.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall Inure to the benefit of Lender and its successors and assigns.
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 inaccuracyliesl should be sent to
us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other
person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of
dishonor. Upon enychange in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether
as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend
(repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's
security interest in the collateral. All such parties also agreei'that Lender may modify this loan without the consent of or notice to anyone other
.than the party with whom the modification is made: The obligations under this Note are joint and several. This means that the words "I"
"me", and "my' mean each and all of the persons signing below.
PRIOR TO SIGNING THIS NOTE, 1 READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X (Seal)
Charles ne
W111 MO N?M• Y-. 1-3"00, C- N?FwwsY aMIH.1R P-W, -/A W%vanANiM1w,rnCM?1w70.K r1P 10'9, M./.
EXHIBIT `B"
r, a
Parcel Identification
Number:
43-06-0417-041
RECORDATION
REQUESTED BY:
COMMERCE
BANK/HARRISBURG N.A.
SIMPSON FERRY
5032 SIMPSON FERRY
ROAD
MECHANICBURG, PA
17055
WHEN RECORDED MAIL
TO:
COMMERCE
BANK/HARRISBURG N.A.
LOAN SERVICING
100 SENATE AVENUE
CAMP HILL, PA 17011
SEND TAX NOTICES TO:
COMMERCE
BANKINARRISBURG N.A.
LOAN SERVICING
100 SENATE AVENUE
CAMP HILL. PA 17011 FOR RE ORDER'S USE ONLY
MORTGAGE
MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid
balances of advances and other extensions of credit, secured by the Mortgage made for the
payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred
for the protection of the mortgaged premises shall not exceed at any one time 970,000.00.
Amount Secured Hereby: $70,000.00
THIS MORTGAGE dated April 13, 2005, is made and executed between Charles F. Bistline,
whose address is 464 Bloserville Road, Newville, PA 17241 (referred to below as "Grantor")
and COMMERCE BANK/HARRISBURG N.A., whose address is 5032 SIMPSON FERRY ROAD,
MECHANICBURG, PA 17055 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's 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,
hereditements, 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 rights, royalties, and profits (elati to the real property, including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland
County, Commonwealth of Pennsylvania:
Real Property located .at 464 Bloserville Road, Newville, PA, recorded in Deed Book 186,
Page 411, Cumberland County Recorder of Deed Office
The Real Property or its address is commonly known as 464 Bloserville Road, Newville, PA
17241. The Real Property parcel identification number is 43-05-0417-041.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE
EXHIBIT "B"
r.
MORTGAGE
(Continued) Page 2
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.
Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so
long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment,
disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws.
Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender
may deem appropriate to determine compliance of the Property with this section of the Mortgage. 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 and losses resulting from a breach of this paragraph of the Mortgage. This
obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Mortgage.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease-option contract, or by sale; assignment, or transfer of any beneficial interest in or to any land
trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
law.
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 shall
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 and except as otherwise provided in this Mortgage.
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 (101 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.
Tax and Insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender
each month on the day payments are due under the Note until the Note is paid in full, a sum ("Escrow Funds")
equal to one-twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges
levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks
standard extended coverage required under this Mortgage ("Escrow Items"). Lender may estimate the amount of
MORTGAGE
(Continued) Page 3
Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds
shall be hell by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and
applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor
interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may
agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law
requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow
Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the
amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to
the due dates of the Escrow Items,. shall exceed the amount required to pay the Escrow Items when due, the
excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments
of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the. Escrow Items
when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments
as required by Lender.
Lender's Expenditures. It Grantor fails 11) to keep the Property free of all taxes, liens, security interests,
encumbrances, and other claims, (2) to provide any required insurance on the Property, or 13) 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 Note 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 (1) be payable on demand; 12) be added to the balance of the Note and be apportioned among and be
payable with any installment payments to become due during either (a) the term of any applicable insurance
policy; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and
payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any
mortgage foreclosure judgment.
Werranty; 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 title insurance policy, title report, or final title 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.
Full Performance. If Grantor pays all the Indebtedness when due, 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. At Lender's option, Grantor will be in default under this Mortgage if any of the following
happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any
payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of
any lien.
Break Other Promises. Grantor, breaks any promise made to Lender or fails to perform promptly at the time
and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security
agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that
may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's
ability to perform Grantor's obligations under this Mortgage or any related document.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any
part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor
and Lender that is not remedied within any grace period provided therein, including without limitation any
agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or
MORTGAGE
(Continued).
Page 4
later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser,
surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or
accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under,
any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment Is curable and it Grantor has not been given a
notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be
cured if Grantor, after receiving written notice from Lender demanding cure of such default: la) cures the
default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates
steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as
reasonably practical.
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.
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.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note 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.
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.
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 beer interest at the Note 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.
Note.. The word "Note" means the promissory' note dated April 13, 2005 in the original principal amount of
$70,000.00 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.
Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage:
Governing Lew. This Mortgage will be governed by federal law applicable to Lender and, to the extent not
MORTGAGE
(Continued) Page 5
preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of
law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
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 F. Bistline and includes all co-signers and co-makers signing
the Note.
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, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986,
Pub. L. No. 99-499 1"SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at 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 F. BisUine.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation
party to Lender, including without limitation a guaranty of all or part of the Note.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or
advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's
obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. The
words "successors or assigns' mean any person or company that acquires any interest in the Note.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated April 13, 2005, in the original principal
amount of $70,000.00 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.
The maturity date of the Note is April 13, 2020. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE
INTEREST RATE.
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, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in
this Mortgage.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
v!
MORTGAGE
(Continued) Page 6
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.
GRANTOR:
6
x'ARIA (Seal)
C ales ns
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/ 84180 N.A., herein is as
follows:
SIMPSON FERRY, 5032 SIMPSON FERRY ROAD, MECHANICSURG, PA 17
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
) SS
COUNTY OF m1?,.c1a, •t
On this, the 1.3 day of Aor' 1 20 G i, before me
the undersigned N tart' Public, personally appeared Charles F. Bietline, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the within n ument, 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. /
COMMONWEALTH OF PENNSYLVANIA
Not" Sea
Thomas Roh, Jr., Notary Public Notary Public in and for the State of
Lower Alan T". Cumberland County
My Curraisnlon Evkso 0d 30, 2007
Member, Pennsylvania Associntion Of Notaries
LAWN PW L #k% W. txaan 001 Cwr1 ,,,nwe r -W $,NYu,t ft. 1M, 2=L M-V-MN,K ,A K..WIMA.N1lPW,MC,1tVl:GO1PC MIS,M 111.+4
VERIFICATION
I, Amy Custer, Asset Recovery Supervisor for Metro Bank, f/k/a Commerce Bank/Harrisburg
N.A., acknowledge I have the authority to execute this Verification on behalf of Metro Bank and
certify the foregoing Complaint in Mortgage Foreclosure is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of this Complaint in
Mortgage Foreclosure is that of counsel and not my own. I have read the document and to the extent
the Complaint in Mortgage Foreclosure is based upon information which I have given to my counsel,
it is true and correct to the best of my knowledge, information and belief. To the extent the content
of the Complaint in Mortgage Foreclosure is that of counsel, I have relied upon counsel in making
this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to criminal penalties.
Metro Bank, f/k/a Commerce Bank/Harrisburg N.A.
By: ' ?/'M
A y Cus e
Asset Re very Supervisor
F^ FILES\Clients\ 11412 Commerce Bank\ 1 1412.12\ 11412.12 com.wpd
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
~~~t~,ir n~ ~~c~~ir~~~i
0
.;f
t ~. , r~,
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2DIQ ~~R -S PI~# 2~ 36
Edward L Schorpp
Solicitor
i~~i'`~t~~~'~ti~,~,'~;i t
Metro Bank
vs.
Charles F. Bistline
Case Number
2010-1225
SHERIFF'S RETURN OF SERVICE
03/01/2010 07:45 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on March
1, 2010 at 1944 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Charles F. Bistline, by making known unto himself personally, at 464 Bloserville Road,
Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $39.24
March 02, 2010
~~w`---
S EPHEN BENDER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
!^-i {~ounfySuile Shenff, Teleos'oft. inc.
of c,„4,
David D. Buell °Q Renee
Simpson
Prothonotary ;, y 15` Deputy Prothonotary
u `I
•,r
Sohonage, ES Irene E. 9l/lorrow
�irkS. Q, =
Solicitor ,750 2nd Deputy Prothonotary
Office of the Prothonotary
Cum6erland County, Pennsylvania
fQ— ls CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 291H DAY OF OCTOBER, 2013, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ecq,(717 240-6573