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F:\FR.ES\Clima\l 1412 Metro Bank\l 1412.19 Beinhaur\l 1412.19.com for Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney LD. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff v. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants __..~ ti_ k ; ~. ~~. ~1~~.~ -_.3 ~,'.__ .~s:~ . _- :,, I .~ . h.7 r °y ~~:a i~_. ~} r.~ y r~ G";r .; a _a 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - X1137 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 reliefrequested 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 REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER r°1 _._y ~...y ' + .,, -a ~" a _ u:t -~ ~ =~ ~°1 ~~ }:,-s Contact: Cumberland County Bar Association 32 South Bedford Street O S Carlisle, PA 17013 ~~•DO Pn ~arrr/ (717) 249-3166 C'~oZ3o'2o2(0 Q~ as X09(0 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 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 is a Creditor 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,tyithinthirty (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. 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 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. Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff v. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants AND NOW, comes the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 7` 3 7 CIVIL IN MORTGAGE FORECLOSURE COMPLAINT Plaintiff, METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., byandthrough its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Metro Bank, f/k/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. Defendants, Jeffrey C. Beinhaur and Tracey E. Beinhaur, are adult individuals residing at 155 Creekview Drive, Camp Hill, Pennsylvania 17011. 3. Defendants are the owners of the real property located at 155 Creekview Drive, Camp Hill, Pennsylvania 17011, and is more fully described in Deed Book D35, Page 609, as recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, (the "Real Property"), which is subject to the Mortgage described below. 4. On September 5, 2008, Defendants, in consideration of their indebtedness to Plaintiff in the amount of Seventy-Six Thousand Four Hundred and Forty Seven Dollars and Sixty-Three Cents ($76,447.63), made, executed and delivered to Plaintiff a Promissory Note in favor of Plaintiff (the "Note"). A true and correct copy of the Nate is attached hereto as Exhibit "A." 5. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, 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, at instrument number 200831931. 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. Defendants aze the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 9. Plaintiffprovided Defendants with notice of the period in which Defendants' default may be coved, but Defendants have failed to cove their default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 11. The total sum due and owing from Defendants under the Note, as of October 18, 2010, is itemized as follows: Principal: Late Fees: Interest as of October 18, 2010: Court Costs and Fees (estimated): Attorney Fees (estimated): Total as of October 18, 2010: $72,734.51 $715.89 $195.29 $500.00* $7,273.00 $81,418.69 Plus interest accruing at $13.94 per day from October 18, 2010, until paid in full. *To be determined by the Cumberland County Sheriff. 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/chazges/fees be incurred as a result of the collection of the money owed and forecloswe of the Real Property. 13. Pwsuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice"}, Plaintiff sent a notice of intention to foreclose mortgage and of the mortgage assistance program dated September 15, 2010, to Defendants by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of $81,418.69 plus interest from October 18, 2010, at the rate of $31.20 per day until the debt is paid in full. MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: /VOV ~~ , 2010 Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" i~ ~~I // PROMISSORY NOTE Principal Loan Date Maturity Loan No CaN ~ cop Account Officer Initials $76,447.63 09-05-2008 09-10-2023 400217274 1012 References in the boxes above 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 tent Ie h limitatlons. tsorrower: Jetfny C. Belnhsw Lender: COMMERCE BANK/HARRISBURG N.A. Tracey E. BeiNraur ~~ '" CEDAR CLIFF 155 Creekwood Drive ~ ~ _ ` ~` `~ 1102 CARLISLE ROAD Camp Hit, PA 17011 ,~/\~ li'-' ~) CAMP HILL, PA 17011 (717) 909-3200 Principal Amount: $76,447.63 Interest Rate: 7.00096 Data of Note: September 5, 2008 PROMISE TO PAY. I ("Borrower") Jokrtly and ssveraYy prombe to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, In lawful money of the Untied Stahe of America, the prkrcipal amount of Seventy-six Thousand Four Hundred Forty-sawn &63/100 DoNsrs (#76,447.83), topedrer with Interest at fhe rata of 7.00096 par annum on the urgrakl prMclpal babna 6om September 10, 2008, untll paki in full. Ths krterest rata may change carder the terms end conditlons of the "INTEREBT AFTER DEFAULT' sectbn. PAYMENT. I wW pay drls kiarr In 180 payments of #687.23 each payment. My fMat psynrent b dw October 10, 2008, and aN subsequent PaYmanta era dra on the same day of each month after that. My final payment wpl be duo on Septsntbsr 10, 2023, and wiY be for aY principal and aN eccrtred itrtenst not yet pakJ. Payments include principal and Interest. Unless otherwbe spread or requlnd by appMcable bw, payments will be applbd first to any accrued unpaid krtsrsst; then to principal; then h any bh charges; and lhen h any unpaid rroNecdon costs. hrhrest on fhb Noh b computed on a 365/365 slmpb krtenst bash; that b, by applykgl file ratio of tfre anrrud hrhnst rah over lire number of days in a year, multlpNd by the autshn~np prkrcipsl balance, muttlpMd by the ecwal number of days the prkrcipal baance le outstaridtnp. I wig pay Lander at Lender's address shown above or at such other place as Lender may designate h wrltlnp. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make paymeMa under the payment schedule. Rather, early payments will reduce the principal balance due and may resuh in my making fewer payments. I 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 condition: or Ilmitations or as fuN satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 4998 HARRISBURG, PA 17111-0999. LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.00096 of the repubrly scheduled payment. INTEREST AFTER DEFAULT. Upon defauh, including failure to pay upon final maturity, tfre interest refs on fhb Note shaft be increased by 2.000 percentage points. If judgment ie entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Psymsrrt Dsiauk. 1 fail to make any payment when due under this Note. Break Other Prombes. I break any promise Trade to Lender or fail to perform promptly at the lima and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan 1 have with Lender. Defauk in Favor of ThMd Parties. 1 or arty 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 Nota or perform my obligations under this Note or any of the related documerrta. 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 lima 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 Leader. However, ii 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 Lander to satisfy the claim, then this defauk provision will not apply. Defectlw Colbhralizatkrn. 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 arty reason. CoNatersl Damage or Loss. Any collateral securing this Note is lost, stolen, subatarrtially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affectlnp 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 evidenced by this Note. Insecurity. Lender in good fakh believes itself insecure. Cure Provisions. If any default, other than a defauR 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 (12) months, it may be cured if I, after receiving written notice from Lender demanding cure of such default: (1) cure the defauh 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 under 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 else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there PROMISSORY NOTE Loan No: 400217214 (Continued) Page 2 is a lawsuit, including reasonable 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, I also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note wiR bs govamed by federal law applicable to Lander and, to the axtsnt not preempted by federal law, the laws of the Commonwaahh of Pennsylvania without regard to its conflicts of law provisions. Thb Nots 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 whh 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. 1 acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated September 5, 2008, to Lender on real property located in Cumberland County, Commonwealth of Perx~sylvania. ERROR & OMISSION AGREEMENT. The Undersigned Borrower(s) for and in consideration of the above referenced loan agrees, is requested by Bank or Closing Agent for Bank, to fully cooperate and adjust for clerical errors, on any or all loan clcsing documentation if deemed necessary or desirable in the reasonable discretbn of Bank or Closing Agent for Bank. The Borrower(s) agree to promptly execute arty corrected documents at Bank Address. The Undersigned Borrower(s) does hereby so agree and covenant in order to assure that the ban documsntatlon executed this date will conform and be acceptable by Lender or its interest in and to the loan documentation. Ths Undersigned Borrowerlal failure to comply with a request under this Agreement by Lender or Closing Agent for Bsnk may, at the option of Bank, constitute a DEFAULT by Borrowerlsl under the loan documents enforceable against Borrower(s) and which is in addition to any other remedies available at law or in equity to Lender. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon ms, 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 inaccuracytieal should be sent to us at the following address: COMMERCE BANKlHARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights ar 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 any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guaramor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for arty 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 oollateral. All such parties also agree 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 SIGNWG THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. 1, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. 1 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: ~/~ s tnhaur c Tracey E. Be ur NOTICE TO COSIt3NER You are being asked to guarantee thb debt. Thbrk caretuglr beforo you do. If ffis borrower doesn't pay the debt, you wpl have to. Be sure you can afford to pay ff you have to, and that you want to aceept this rospone~Nky. You may have to pay up to the full amount of the debt i< the borrower doss not pay. You may sbo have to pay late pros or colbctbn cosU, which Increase this amount. The Lender can colect thb debt from you wkhout first trying to collect from the borrower. Ths Lender can use the same collectbn methods against you that can be used against the borrower, such as suiirg you, gambhing your wages, etc. H this debt Is ever to dsiwk, that tact may become a part of YOUR credk record. This notlca is not the contract that makes you liable for the debt. Ut/ll /110 Lw,~,~, Vim. 1.b OGOA CyI. N"M~ !~,".NI ~,IYfM4 M. IM. 7~ N Iy,M1 II,~,M. • "A f:IC11LLIi10301E 1IF71~7~ "IF7, EXHIBIT "B" i~ 001470 Parcel Identification Number: 13250010338 RECORDATION REQUESTED BY: COMMERCE BANKlHARRISBURG N.A. CEDAR CUFF 1102 CARLISLE ROAD CAMP HILL, PA 17011 3'Q~ COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801PAXTON 8TREET HARRISBURG, PA 17111-1418 ~N RECORDID, RE-I'[TRN TO: SEND TAX NOTICES TO: EQLa7'PI.UANJ~I~C~ RVG llADSiIPERlORAVFIVUl;.4LIl1E9170 Jeffrey C. BNnhaw Tracey E. 8elnhaur ~ ~~ ORIO 4f114 165 Creekwood Drhre NATTONALRF.GGIURDIIVG-7FilMl Camp HNI. PA 17011 Ac+aammodatiocRe~awda~Plrr'C~m[Regrxat FOR RECORDER'S USE ONLY P~ MORTGAGE ~~~~ ~/ Amount Secured Hereby: 576,447.63 THIS MORTGAGE dated September 5, 2008, is made and executed between Jeffrey C. Beinhaur and Tracey E. Beinhaur, whose address is 155 Creakwood Drive, Camp HiN, PA 17011 Ieeferred 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"1. GRANT OF MORTGAGE. For wlwble conaideratbn, GrarKOr grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to tM foNowing described reef property, together with all existing or aubaequantty erected or axed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easemaMS, rights of way, all liberties, privileges, tenements, hereditamsMa, and appurtenencea thereunto belonging or anywise made appurtenant hereafter, end the reversions and remainders with respect thereto; all water, water rigMa, watercourses and ditch rights (including stock in utNitiss whh ditch or irrigation rightsl; and all other rights, royahiea, and profits relatf to the real property, includirg without limitation aN minerals, oN, Qas, geothermal and similar matter, (the "Rsal~Opsrty") IOOated in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which 1s attached to this Mortgage and made a part of this Mortgage as ff fully set forth herein. The Reel Property or its address is commonly known as 155 Grsskwood Drive, Camp Hi#, PA 17011. The Real Property parcel identlflcation number is 13250010338. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENT8 AND PERSONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWfl~1G 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 GfaMOf's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall bs governed by the following provisions: Posse»bn and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; 12) use, operate or manage the Property; and 13) collect the Rents from the Property. Duty to MaMtein. Grantor shall maintain the Property in good condition and promptly perform all repairs MORTGAGE Loan No: 400217214 (Continued) Page 2 replacements, and maintenance necessary to preserve its value. Hazardous Subatarx:es. 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 Subatanca in violation of any Environmental Laws. Grantor authorizes lender and its agents to enter upon the Property to make such inspections and taste as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby 11- rekasea and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other coats under any such laws, and 121 agrees to indemnify, defend, and hokf harmless Lender against any end all claims and losses resulting from a breech of this paragraph of the Mortgage. This obligation to indemnify and defend 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, daclsre immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of aN or any part of the Real Property, or any interest in the Real Property. A 'sob w transfer' means the conveyance of Red Property or any right, title or interest in the Red Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, cormact for dead, leesahokf intxast with s term greater then three t31 years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Resl 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 aU events prior to deNnquency) 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 di claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liana having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in wrting by Lender, and except for the lien of texas and asaessmeMS not due and except es 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 eMended coverage endorsements on a replacemeK basis for the full insurable value covering all Improvements on the Real Property in en amount sufficient to avoid appl~atfon of any coinsurance clause, and with s standard mortgagee clause in favor of Lender. Pol(cies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender cartificetea of covsrspo from each insurer containing a stipulation that coverage will not bs cancelled w diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the Insurer's ilability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will rest be impaired in. any way by any act, omission or default of Grantor or any other person. Should the Rad Property be located in an area designated by the Director of the Federal Emergency Management Agency as a specid flood hazard area, Grantor agrees to obtain and maintain Fedsrsl Flood Insurance, if avdlable, within 4b days after notice is given by Lender that the Property is located in a spacial 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 timks sat 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, GreMOr shall pay to lender each month on the day payments era due under the Nots until the Nots is paid in full, a sum ("Escrow Funds"1 equal to one-twelfth of {al 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 1"Escrow Items"1. Lender may estimate the amount of Escrow Funds on the basis of currerrt data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lander 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 applcable 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 en 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. Tha 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 paymaMs 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 MORTGAGE Loan No: 400217214 (Continued) Page 3 excess shay 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 Lander is not sufficient. to pay the Escrow hems when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lendu. Lsndar's Expandituns. If Grantor fails 11) to keep the Property free of ell taxes, liens, security interests, encumbrances, and other claims, 12) to provide any required insurance on the Propeity, 13) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required bebw, then Lender may do so. If any action or proceeding is commenced that would matsri~ly affect Lsnder'a intanats in the Property, then Lender on Grantor's behaN may, but b not required to, take any action that Lender believes to bs appropriate to protect Lender's interests. Ali expenses incurred or paid by Lender for such purposes will then bear interest at the rats charged under the Note from the date incurred or paid by Lander to the data of repaymsrrt by Grantor. All such expenses wiN become a pert of the Indebtedness and, at Lancer's option, will (1) be payabb on demand; 12) be added to the balance of the Note and bs apportioned among and be payabb with any instaYmant payments to become due during either la) the term of arty app~cabls insurance policy; or (b) the remaining term of the Note; or 13) bs Vested as a baibon payment which will be due ar-d psysbia M the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warramy; Defense of Thls. The folbwing provisions relating to ownership of the Property era a part of this Mortgage: Tide. Grantor warrants that: (a) Grantor holds good end marketable title of record to the Property in fee simple, free end clear of all liens and encumbrances other than those set forth in tib RBI Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final titb opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and Ib) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of TiW. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of alt persons. Exiadnp Indebtedness. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Exbtlnp Lisn. The lien of thin Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indsbtednssa and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any defauk under any security docunbnts for such indebtedness. Fug Psrfarmancs. 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 suitsbN 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 Peroonal Property. Grarrtor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Evsnb of Daisuk. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Paymsrrt Defauk. Grantor fails to make any payment when due under the Indebtedness. Dsiauk 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. &sak Odwr Promises. Grantor breaks any promise made to Lender or tails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. Dsfauk kr Favor of Thkd Pardsa. 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 materiaNy affect any of Grantor's property or Grartor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Death or Insohrsncy. 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 credkonr, any type of credtor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Exlstinp IndsbUdnsss. The payment of any instaUmerrt of principal or any interest on the Existing indebtedness is not made wthin the time required by the promissory note evidencing such indebtedness, or a defauh occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing Ifen on the Property. MORTGAGE Loan No: 400217214 (Continued) Page 4 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 grece period provided theroin, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Everns AHectlrp Guusrttor. 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 parry dies or becomes incompetent, or revokes or disputes the validity of, or liabilhy under, any Guaranty of the Indebtedness. Inaeeurfty. Lender in good faith believes itself Insecure. RIgM to Cure. If any defauk, other than a defauh in payment is curabb and ff Grantor has not been given a notice of s 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: lei cures the defauk within fifteen (16} days; or Ib1 if the cure requires more than fifteen (16} days, immediately initiates steps which Lander deems in Lender's sole discretion to be sufficbM 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 Dsfauk. 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 haw the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedb. With respect to all or any pert of the Personal Property, Lender shalt have ell the rights and remedies of a secured party under the Uniform Commercial Code. JudMdd Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in alt or any part of the Property. NonjudicW Sab. 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. Sab of the Property. To the extent permitted by applicable law, Grarrtor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shell bs free to sell all or any part of the Property together o'r separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sab on all or any portion of the Property. Electbn of Renadisa. All of Lender's rights and remedba will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lander from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligatbna under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lendsr'e 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 enttled 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 ere necessary at any time for the protection of ka interest or the enforcement of its rights shall become a part of the Indebtsdnaaa payable on demand end shall bear interest at the Nots rate from the dots of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonabb attorneys' fees and Lender's legal expenses, whether or not there is a lawauk, including reasonable attorneys' fees and expenses for bankruptcy proceed'mgs (including efforts to modify or vacate any automatic stay or injunctionl, appeals, and any anticipated post-judgment collection services, the coat 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 ail other sums provided by law. MlscsAanwus Proviatons. The following miacellaneoua provisions are a part of this Mortgage: Governing Law. This Mortgage wW be gowmed by fsdenl law appNcabb to Lender and, to the extern not prwmpted by feral law, the taws of the Commonweehh of Psnnsylvrade wMhout regard to hs corrfitcts of law provisbna. Thb Mortgage has been accepted by Lender b the Commonweshh of Pennsylvania, MORTGAGE Loan No: 400217214 (Continued) Page 5 Thte b of tfie Essence. Time is of the essence in the performance of this Mortgage. Definitlons. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Jeffrey C. Beinhaur and Tracey E. Bsinhaur and includes ell co-signers and co-makers signing the Note and all their successors and assigns. Envirorurwrtal Laws. The words "Environmsntsl Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protectan of human health or the environment, including wthout limitation the Comprehensive Environments) Response, Compansatlon, and Uability Act of 1980, as amended, 42 U.S.C. Section 9801, et seq. ("CERCLA"-, the Superfund Amendmerrts and Resuthori:atfon Act of 1986, Pub. L. No. 99-499 ("SARA"i, the Hazardous Metariab Transportation Act, 49 U.S.C. Secton 1801, st seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicabb state or federal lewd, rubs, or regulations adopted pursuant thereto. Event of Defauk. 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. ExhRing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing liens provision of this Mortgage. Grantor. The word "Grantor" means Jeffrey C. Beinhaur and Tracey E. Beinhaur. 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 Nots. Indebtadneu. The word "Indebtedness" means all principal, interest, and other amounts, costa and expenses payabb under the Note or Related Documents, together with all renewals of, extensons of, modifications of, consoNdationa of and aubetitutiona for the Note or Rebted Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurced 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. Tha word "Note" means the promissory nos dated September 5, 2008, in the original prMcipal afnOUnt of $76,447.63 from Gramor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. PenonN Property. Tha words "Personal Property" mean all equipment, fixtures, and other articbs of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Rssl Property; together with all accessions, parts, and additions to, ell replacameMs of, end 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. Relaitad Dacumatts. The words "Related Documents" mean ell promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgagee, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documems, whether now or hereafter exisvng, executed in connection whh the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royahies, profka, and other benefits derived from the Property. MORTGAGE Loan No: 400217214 (Continued) Page s EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO RS TERMS. THIS MORTGAGE 18 GIVEN UNDER SEAL AND R IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: Sean SaaU CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BAN /HARRISBURG N.A., herein is as follows: CEDAR CLIFF, 1102 CARLISLE ROAD, CAMP HILL, PA 17011 r !~ A orney or Agent for Mo gegee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 SS COUNTY OF ~Dlru /t 1. n this, the ~ ~ day of ~ , 20 ~ , before ms ~~___,~ ,the undersigned No Pubiic, personally appeared Jeffrey C. 8einheur end Tracey !. BNnhaur, known t me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, end acknowledged that they executed the same for the purposes therein contai ~~. M witness whereof, I Mreunto set my hand end offlciel ~ C~• ~_ COMMONWEALTH OF PENNSYLVANIA Notarial Seal ^~ Mgan L Veach, Notary Public Notary Public in an for the State of I•ZhYlf~./ 1~Jp.lA.1 q Vdosnleysburp Boro, Ctrmberlarid County My Carrtrt~seion F~irea Nov. 9, 2006 AAember, Pennsylvania Association of Notaries LA ER PRO Landing, Ver. 5.40.00.003 Copr. Harland Financial Solutions, Inc. 199 , 2008. Ali Rights Reserved. - PA S:\CFI\LPL1G03.FC TR-27528 PR-74 EXHIBIT A ALL THAT CERTAIN TRACT OF LAND, SfiTUATE IN THE TOWNSHIP 0$ DOWER ALLEN, COUNTY O'F CUMBERLAND., AND STATE OF PENNSXLVANIA, BOUNDEI} AND DESCRIBED AS F'OI,LOWS, TO WIT: _. . BE~INN1IJG A'Y' A. P©INT AT THE SQi7THEPi~TERIQ CC~ENEtt. OP I~OZ' NOMaER 14-A, SECTION "B" qF THE PLAN OF ALLENDA~,L, AS RECORDED 'IN TFxS. CIJ~!'BBRLANFJ COUNTY RECORDER'S OFFICE IN PLAN BOOFF 18 , PAGE 4 2: THENCE ALONG THE SOUTHERN LIIJE OF LC~T NUMBER S4 -A, SECTION ''$" b'EP' SAID PLAN, SOiFTFi. 75 DEQRESS Z3 I~IINU'~ES 08 SECONDS WEST, 3Q,49 FEET TO A POINT AT THE NORTHEASTERN CORNER eF LOT NUNFBER 15-A,~FCTION "B" OF SAID PLAN; THENCE ALONG 'I'EiS EASTERN LINE. OF LOT NUMBER ].5 -A, SECTION °B•" OF SAID PLAN'; THFNEE ALONG TFiE: EASTER'I+T LINE OF LO'S' NUIKHER ~.5 -A, SECTION "B" OP SAIII PLAN QP ALLENDALE., SOUTH lI. DEGR8E9 05. MINUTES. 52 SECONDS EAST, 14..8.31 P"BET TO A.POINT IN THH NOR"TI#EKN LINE OF CREEKWOOD DRIVE (50 FEET WIDE); THENCE ALONG THE NORTHERN LINE OF' CREEKWOOD DRIVL, SOUTH 78 DEGREES 54 MINUTES 0$ SECONDS WEST, 65.0' FEET,. MORE OR E,ESS, TO R. POINT; THENCE CROSSING CREEKWOOD DRIVE AND EXT$NDING ALONG. THE EASTERN LINE OF LOT NUMBER 44-A, SECTION "8'I OF, THE OF ALLENDALE, ABOVE' MENTIONED, SOUTH. 11 DEGREES 05 MINUTES 52 SECONDS EAST, 172.76 FEET TO A POINT IN THE B1~1NI~. OF `rF~E YELLOW BR.F,ECHD+S CREEK; THENCE DOWN THE YELLOW BREECHES CREEK, NORTH 78 DEGREES 02 MINIITES EAST, 389'.05. FEET, MORE OR LESS., TO A POINT; TFiENCE'CQNTINUING DOWN THE YELLOW BREECHES CREER., NORTH 6S DEGREES 09 MTI~UTES EAST, 14-0.6'3 FEET TO A POINT IN THE LINE OP' LAND NOW OR FORMERLY OF NATIONAL LAND: AND INVESTMENT COMPANY; THENCE ALONG THE LINE OF' SPxID LAND' NOW OR FORME3TfL,Y OF N~!,TIONAL LAND AND INVESTMENT COMPANY, NgR~TH 71 DEGREES OO MINUTES WEST, 467.95 FEET TO A BOINT; THENCE BY THE SAME, NORTH .39 DEG,R'EES 02 MT~TUTES 52 SECONDS WEST, 47.51 FEET, Mf~RE OR LESS, TO A POINT AT TIiE. SOUTHEASTERN CORNER OF LOT NUMBER 14~A, SECTION "B" ON THE PLAN OF ALLENDA,I,E, AS. RECORDED I1~I THE CUMBERLAND COUNTY RECORDER'S OFFICE TN PLAN 38570018 EXHIBIT F, (continued) BOOK l..$, .PAGE 42., FIRST ABOVE MENTIONED, AT TFiE .POINT AND PLACE OF BE~INNZNG. Permanent Parcel NumbeY: 132500103'8 JEFF'RE'Y' C. BETNHAU.R AND TRACEY ~. 'BEINHP,V~t, FiUS~BAND AND WIFE 155 EXNObTj t1~tIVE:, GAMP ~i~LL PAs 17011. Lgan lte.fezenee Number ~410/101~ Fars~t 1X~ne~IGaii O;xder No-: 38570016., Identi,~ier: FIRST AMERICAN LENDERS ADVANTAGE ~~ IIII~NIIIIINr ~_ 38578®18 PA FIRST AMERIt~iN ELS MORTGAGE NIII~NIIIIMIIINIIIIIII~NNI1~1~ I VERIFICATION I, ~ /~t' /~ c~~,~~~ ~ , as an employee of 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 prepazation 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 aze 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. ~~ ~ ~~v ~~- F:\FILES1CIienta\11412 Metro Bank\I 1412.19 Beiohaur\11412.19.com for Q-) n t SHERIFF'S OFFICE OF CUMBERLAND CO14NTr=; -- d r0 c {r erson Ronny R An ter;-; Sheriff rot Itns6 tL7 ' w? ' Jody S Smith ? r r- . ? Chief Deputy r w k, ?? c Richard W Stewart >C: _z Solicitor ?,Ft ![:E F rG :'uEF21FF .s::. .,,. -?? .X-7" CIO Metro Bank vs. Jeffrey C. Beinhaur (et al.) Case Number 2010-7137 SHERIFF'S RETURN OF SERVICE 11/16/2010 06:06 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2010 at 1806 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeffrey C. Beinhaur, by making known unto himself personally, at 155 Creekwood Drive, 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. RYAN BURGETT, DEPUTY 11/16/2010 06:06 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2010 at 1806 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracey E. Beinhaur, by making known unto Jeffrey Beinhaur, Husband of defendant at 155 Creekwood Drive, 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. RYAN BURGETT, DEPUTY SHERIFF COST: $57.94 November 17, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (C) County5uite Sheriff, Ieieosoff. Inc. FILED-OFFICE OF THE PROTHONOTARY November 30, 2010 Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekwood Dr. Camp Hill, PA 17011 717-571-6161 2010 DEC -2 AM 10*.09 CUMBERLAND APOd PENNSYLVANIA Re.. Complaint in Mortgage Foreclosure Cumberland County - Court of Common Pleas Case No. 2010-7137 Civil Metro Bank, f/k/a Commerce Bank / Harrisburg PA Plaintiff V. Jeffrey C. Beinhaur, and Tracey E. Beinhaur, Defendant (s) Answer Defenses and Objections to claims set forth in suit: 8. Defendant denies claims of refusal to make payment. Defendant has continued to make payments most currently, paid Nov. 14, 2010. Further Plaintiff has refused relief of past due amount to be taken from a Certificate of Deposit in the amount of $15,000 held as collateral. 11. Defendant does not agree to attorney's fees being charged as payments have continued to be paid and fees are unnecessary and exorbitant. Jeffrey BeinhaueIP7 u_/ Tracey E. Beinhaur: JVtt-'?- ?- L FAChents\11412 Metro Bank\11412.19 Beinhaur\11412.19.pra I.wpd 1. 1j. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F11 E -OFFICE- i = THEE PRUO T HONOTt" A'Y Christopher E. Rice, Esquire ! ' ..,,,1 s !, P 12 PM 2: 19 I.D. No. 90916 R. Christopher V anLandingham, Esquire CUMBERLAND COUNTY REINNSYLVANIA METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-7137 CIVIL IN MORTGAGE FORECLOSURE PRAECIPE TO MAKE REQUEST FOR ADMISSIONS OF RECORD To the Prothonotary: A Request for Admissions was forwarded to Defendants Jeffrey C. Beinhaur and Tracey E. Beinhaur on or about December 17, 2010. Defendant have failed to respond within the 30 day time period and, therefore, the attached Request for Admissions are admitted as true per the Rules of Civil Procedure Rule 4014(b), and made of record by this filing. MARTSON LAW OFFICES By: X04';/ Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: /?? ?? Attorneys for Plaintiff FARLESTliente\I 1412 Metro Bank\11412.19 BeinhauAl1412.I9.regadm Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-7137 CIVIL : IN MORTGAGE FORECLOSURE PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSIONS DIRECTED TO DEFENDANTS TO: JEFFREY C. BEINHAUR and TRACEY E. BEINHAUR Enclosed please find Requests for Admissions served by Plaintiff to be answered under oath by Defendant within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Plaintiff at the address below. Each matter of which an admission is requested is admitted unless within thirty (30) days after service of the request a sworn answer or an objection to the matter, signed by the Defendants or their attorney, is served upon counsel for Plaintiff. It is hereby certified that a true and correct copy of this Request for Admissions was mailed to Defendants on this date by the undersigned. MARTSON LAW FFICES By: A(W / Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. • 4 Request for Admission No. 1 On September 5, 2008, Defendants executed a Note in the amount of $76,447.63, in favor of Plaintiff and representing money owed to Plaintiff. Admit Deny Request for Admission No. 2 Exhibit "A" attached to Plaintiff s Complaint is an identical copy of the Note executed by Defendants on September 5, 2008. Admit Deny Request for Admission No. 3 On September 5, 2008, Defendants executed a Mortgage in favor of Plaintiff, placing a lien on the real property identified in Instrument No. 200831931 of the Cumberland County Recorder of Deeds Office and referred to as 155 Creekview Drive, Camp Hill, Cumberland County, Pennsylvania. Admit Deny. Request for Admission No. 4 Exhibit "B" attached to Plaintiff s Complaint is an identical copy of the Mortgage executed by Defendants on September 5, 2008. Admit Deny Request for Admission No. 5 Defendants failed to make the required monthly payment for the month of August 2010, as required by the terms of the Note executed on September 5, 2008. Admit Deny Request for Admission No. 6 Defendants failed to make the required monthly payment for the month of September, 2010 as required by the terms of the Note executed on September 5, 2008. Admit Deny Request for Admission No. 7 Defendants failed to make the required monthly payment for the month of October, 2010 as required by the terms of the Note executed on September 5, 2008. Admit Deny Request for Admission No. 8 Defendants failed to make the required monthly payment for the month of December, 2010 as required by the terms of the Note executed on September 5, 2008. Admit Deny Request for Admission No. 9 As of the date of this answer, Answering Defendant is in default of the Note executed on September 5, 2008, and identified as Exhibit "A" in Plaintiff's Complaint. Admit Deny, EXHIBIT "A" PROMISSORY NOTE Principal 1 Loan Date Maturity Loan No Call I Con Account Officer Initials $78,447.83 09-05-2008 09-10-2023 400217214 101 References in the boxes above are for Lander's use only and do not limit the applloabillty of this document to any particular loan or Item. A item above contains "•"'" has been omitted ehu to text length limitations. Borrower: Jeffrey C. Balnhow Lander: COMMERCE BANKIHARRISBURG N.A. Tracey E Bekhhow CEDAR CUFF 155 Creekwood Drive , 1102 CARUSLE ROAD Camp HNL PA 17011 \ U Li CAMP HILL, PA 17011 (7171905.3200 Principal Amount: 878,447.83 Interest Rata: 7.000% Data of Note: September 5, 2008 PROMISE TO PAY. I ('Borrower") joMly and severally prondse to pay to COMMERCE BANKMARRISBURQ N.A. ("Lender"), or order. in lawfid money of the United Stabs of America. the principal amount of Seventriskt Thousand Pow Hundred Forty-seven & WOO Dollars 076.447.83). tegedmW with Iutareet at the role of 7.000% par annum an the unpold prYrdpsl balance from gnpbrnbw 10. 2000, until paid in full. The Interest role may change under the tarns and conditions of the "nI1TER W AFTER DEFAULT' usages. PAYMENT. I will pay this khan to 180 payments of $8S7.23 eusab payrnsrt. My flit paymarrt Is due Oetobsr 10. 2005, and all subsnqurrrt payments are due on the same day of each month after that. My find psyrnrnur6 wig be der on 8ep6 anA 10, 202% and wig be for an principal and of accrued Interest not Vat paid. Payments Include prknotpd and l r I,- Unless otharn agreed or regaled by appksblo law, payments will be applied That to any accrued unpaid brava t: duo to prkn:lpai; than b any kits charges; and then to eery unpaid collection cosh. Interest on this Nob to cam pub 'an a 3861386 simple Interest basis: that Is. by applying the raft of the annual letterset rate over the number of days In a year. mulflpMd by the cutabnArq prinalpal bslauee, multiplied by the sotwi number of days the prinelpel balance Is outetsrldlig. 1 wig pay Loader at Landau's address shown above or at mob other pion se Lander may I lip - In wrhkp. PREPAYMENT. I may pay without penalty.all or a portion of the amount owed serNar than It is der. Early payments wig not, unions agreed to by Lender In writing, relieve me of my obligation to continue to make payments under the payment schoduhL Rather, early payments will reduce the principal balance dun and may result in my making fewer payments. I agree not to sand Lander payments marked "paid In fun "without recourse', or similar language. It I send such s payment Lender may scoW It without losing sny of Load is rights undo this NOW, and I will remain obligated to pay any further amount owed to Lander. AN written commnnlosdone concerning disputed oraunte, Including any check or other payment Instrument that indicates that the payment constitutes "payment M full' of the amount owed or that h tendered with other conditions or limitations or as tali satisfaction of a disputed smount must be malled• or delivered to: COMMERCE SANWHARRISBURG N.A., LOAN SERVICING, PO BOX 4889 HARRISBURG, PA 17111-0989. LATE CHARGE. It a payment is 15 days or more 1".1 will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon defwlL Including failure to pay upon final maturity, the interact raft on this Nota shall be increased by 2.000 percentage points. It judgment is entered In connection with this Note, interest wig continua to scone after the date of judgment at the rate in effect at the time judgment is entered. However, in no went will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. 1 will be in default under this Note if any of the following happen: Payment Dafeult. I fail to make any payment when duo under this Nob. Break Other Promises. 1 break any promise made to Lander 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 1 have with Lender. Default in Favor of Third Parties. I or arty Grantor defaults dander 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 materisNy affect any of my property repay this Noft or perform. my obligations under this Note or any of the related documents. or my ability to False Statements. Any representation or statement made or furnished to Lander by me or on my behalf under this Note or the related documents is false or misteading in any material respect either now or st the time made or furnished. Death or ku wIvenay. Any Borrower dies or bacomp insolvent; a receiver is appointed for any pat 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 err any other of my property in which Lender has a lion. This irahudes 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 monks or a suety bond satisfactory to Lender to satisfy the claim, than this default provision will not apply. Defective CoMbrallastdon. 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 end perfected security interest or Ilan) at any time and for any reason. CoNstand Damage or Lop. 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 arty guarantor, endarser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dip or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of time indebtedness evidenced by this Note. Insecurity. Lender In good faith believes itself insecure. Cure Provisions. If any default other than a default in payment is curable and it I haw not been given a notice of a breach of the same ' provision of this Note within the preceding twelve (121 months, it may be cured if 1, after receiving written notes from Lander demanding cure of such default: (1) cure the defadt within fifteen (15) days; or 12) it the cure requires more than fifteen (15) days, immediately Initiate steps which Lander dooms 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 Be soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as requited by applicable law, declare the entire unpaid principal balance under 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 else to help collect this Note it I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and L.ander's legal expenses, whether or not there PROMISSORY NOTE Loan No: 400217214 (Continued) Page 2 is a lawsuit, including reasonable 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, 1 also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal tow applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pomsylvanb without regard to its conflicts of law provisions. This Note hse been accepted by Lender In the Commonwealth of Pennsylvanls. 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 an the indebtsdnese against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: s Mortgage dated September f), 2008, to Lender on real property located in Cumberland County, Commonwealth of Penrsylvanis. ERROR 3 OMISSION AGR®INENT. The Undersigned Borrower(s) for and in consideration of the above referenced ban agrees, Is requested by Bank or Closing Agent for Banc, to fully coopersts and adjust for clerical errors, on any or all loan cbekq documentation if deemed necessary or desirable in the reasonable discretion of Bank or Cbskq Agent for Bank. The Borrower(s) some to promptly execute any corrected documents at Bank Address. The Undeniloned Borrower(s) does hereby so sore and covenant in order to assure that the ban documentation executed this date will conform and be acceptable by Lando or its Interest in and to the ban documentation. The Undersigned Borroww1s) faihre to comply with a request under this Agreement by Lander, or Closing Agent for Bank may, at the option of Bank, constitute a DEFAULT by Borroworls) under the loan documents enforceable against Borrower(s) and which is in addition to arty other remedies available at law or in equity to Lander. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigne, and shag inure to the benefit of Larder and its successors and assiorr. 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 writinn notice descAft the specific inecouracylies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. GENERAL PROVISIONS. if any part of this Note cannot be enforced, this fact will not effect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies undo this Note without losing them. I and any other parson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any charge M the tarns of this Note, and unless otherwise expressly stated in writing. no party who signs this Note. whether ss maker, guarantor, accommodation maker or andorser, shad be released from liability. AN such parties sores that Lando may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collates; or impair, fall to realize upon or perfect Lander's security interest in the collateral. AN such parties also agree that Larder 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 Nate are joint and several. This means that the words 1% "me", and "my mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE. I. AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. 1. AND EACH OF US, 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 18 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X ` a'"' SsaN C4,t? la Inhour (7117 - (Sad) Trapy NOTICE TO COSIGNER You are being asked to gwrartes this debt. Think corefudly before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt H the borrower does not pay. You may also have to pay late fees at coll cdon costs. which Increase this amount. The Lender can coded this debt from you whhout first trybq to coded from the borrower. The Lander can use the some collection nsdrods against you that can be used agoind the borrower, such as suing you, Bemis nkng your wages, airs. N this debt Is ever In defoulL that fact may become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt. LAMP MIwo, W. r.,O C&M lip. W,wd,MwW Sehm S M ,N7. 77; As ftm "-w? • M vaoO MMm flFf7 n m74 EXHIBIT "B" Izee ,?II aw. :3193( IIl040 Parcel Identification Number: 13250010338 RECORDATION REQUESTED BY: COMNIERCs BANWHARRIBSURG NA. CEDAR CLIFF 1102 CARLISLE ROAD CAMP HILL, PA 17011 TW. COMMERCE BANL%AR WMJRG NA. LOAN SERVICING 3001 PAiITON STREET HARRISBURG, PA 17111-141St VYIMN RECORDS D, RETURN TO- SEND TAX NOTICES TO: DQL097Iawj=VI=11Vr,. l10108LQMAAVENM JERMAV Jeffrey C. EeInho r Tracey L SeMsur CZAI G 4m QfIIO Auld lee Cno*wesd Drive 1YAT70t LJWC0JMIG-7Fi111[1 Cann HIE. PA 17011 Acow=wds aeBW diw1l rC,lieWB&parrt FOR RECORDER'S USE ONLY P? MORTGAGE e->-A / Amount Secured Hereby: 978,447.63 THIS MORTGAGE dated September 5, 2008, Is made and executed between JsHrey C. Beinhour and Tracey E. Beinhsur, whose address Is 155 Creekwood Drive, Camp Hill, PA 17011 (referred to below as "Grantor") and COMMERCE BANK/HARRIS8UR0 N.A., whose address is 1102 CARLISLE ROAD, CAMP HILL, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sills, conveys. assigm transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and Intwest in end to the kkmbV real property, together with all existing or subsequently erected or affixed buildings. described streets, lanes, a", passages, and ways: all easements, right of wW, all liberties, and fixtures; all hereditemerKs, and appurtwonces thereunto belonging or a ge tersrn rrywiss made appurtenant hereafter, ftita?, and and the ne reveralors and and remainders with respect thereto: all water. water rights, watercourses and ditch rights (Including stock in utilities with ditch or Irrigation rights); and all od w rights, royalties, and profits relating to the real property, Including without limitation arm W@K oil, es, geothermal and similar matters, (the "Real Property") located In Cumberland County, Canrrtonweam of Pennsylvanle: See Exhblt "A", which is attached to this Mortgage and made a part of this Mortgage ss if fully set forth herein. The Real Property or its address Is commonly known as 155 Creekwood Drive, Camp NIX, PA 17011. The-Real Property parcel Identficadon number is 13250010338. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURnrY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECtIR1 (AI PAYMENT OF THE WONTEDNESS AND (q PERFDIIMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMSt 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 shell be governed by the following provisions: Possaeslos and Use. Until the occurrence of an Event of Default, Grantor may It) remain in possession and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, MORTGAGE Loan No: 400217214 (Continued) Page 2 replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never her been, and never will be so long as this Mortgage romaine 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 aullwrlm Lander and its agents to enter upon the Property to make such Inspections and tests as Lender may doom appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) release and waives any fortune clams against Lander for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and 121 agrees to indemnify, defend, and hold harmless Lender agairst any and all claims and losses resulting from a broach of this paragraph of the Mortgage. obligation This n to indemnify and defend shall survive the payment of the Indebtedness and the saWaction of this DUE ON SALE - CONSENT BY LENDER. Lander may, at Lender's option, declare Immediately s secured by thin Mortgage upon the sale or transfer. without Lender's for written conswt' of dall ue or any payable an of all the sumReal Property, or any Interest In the Real Proy P party. A 'sale or transfer' means the conveyance of Real Property of y or any rigK ght, tide or interest In the Real Property; whether legal, beneficial or squitobls; wheter voluntary or involuntary; whether by outright sale, deed, instsiknant saN contract, land contract, contract for deed. leasehold interest with a twin greater than three 131 years, lease-option contract, or by sale, oselprenen or transfer of any beneftel I terew In or to any land trust holding Me to the Real Property, or by any other Welled of conveyance of an interest In the Real Property. However, this option shall not be exercised by Lender if such exercia Is prohibited by federal low or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the tame and Ikons an the Property are pat of this Mortgage: Payment. Grantor shall pay when des land In all events prier to deNnxtumay) ell taxes, payroll tare, special taxes, assessment, water charges and sewer service charges levied against or on account of the Property, and shah pay when dus aN claims for work done on or for services rendered or material fumisfed to the Property. Grantor shall maintain the Property free of any lions having priority over or equal to the interest of Larder under this Mortgage, axes" for the Existing Indebtedness referred to In Oft Mortgage or those lions specifically agreed to in writing by Lender, end except for the Ilen of taxes and assesanents not des 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 endoresmertts on a replacement basis for the full Insurable value covering aN Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance claws, and with a standard mortgagee clause In favor of Lander. Policies shall be written by such Insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall defter to Lander certificate of coverage from each Insurer containing a stipulation that coverage wiN rat be cancelled or diminished without a minimum of tan 1101 days' prior written notice to Lander and not containing any disclaimer of the insurer's Ikabifty for failure to 91w such notice. Each insurance policy also shah incktde an wdorement providing that coverage in favor of Lender wiN not be impaired in. any way by any act, ombolon or default of Grantor or any otter parson. Should the Real Property be located In an was designated by the Director of the Federal Emergency Management Agency as a special flood hazard oars. Grantor agrees to obtain and maintain Federal Rood Insurance, if available, within 45 days after notice is given by Lender that the Property In located In a special food hoard area, for the fuN unpaid principal balance of the loan and any prior hers on the property securing the lost, up to the maximum policy Nmks set under the National Rood Insurance Program, at an otherwise required by Lender, and to maintain such insurance for the term of the ban. Tax and Insurance Reserves. Upon request by Lander and subject to applicable law, Grantor shall pay to Lender each month on the day payments are des under the Note u d the mots Is paid In full, a sum ('Escrow Funds") equal to onurtwelfth of lal AN annual taxes, apsoW taxes, assessments, water charge and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of firs Insurance with all risks standard attended eoveregn required under this Mortgage ('Escrow keno"). Lender may estimate the amours of Escrow Funds on the- basis of current data and a reasonable sstime" of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due, Landw wiN not charge for holding old applying the Escrow Furls, anslyzing 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 Lander may agree in writing that Interest shall be paid on the Escrow Funds. UnMess an agreement Is made or applicable law requires interest to be paid, Lender shell not be required to pay Grantor any Interest or earnings on the Escrow Funds. The Escrow Funds are pledged as addttional security for the amounts secured by this Mortgage. If the amount of the Escrow Fords held by Lander, together with the futurs monthly payments of Escrow Funds prior to the due dates of the Escrow Items, shell exceed the amount required to pay the Escrow Items when des, the MORTGAGE Loan No: 400217214 (Continued) Page 3 excess shad 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 aufficient.to pay the Escrow hers when due, Grantor shall pay to Lender any amount necessary to make up the deficiency In arm or more payments as required by Lender. Larder's Esiesndhuee. If Grantor We (1) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (2) to provide any required Insurance on the Property, (3) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness In goad standing as required below, than Lender may do so. If any action or proceeding Is commenced that would materially affect Lender's Interests in the Property, than Lender on Grantor's behalf may, but Is not required to, take any aatbn that Lender, believes to be appropriate to protect Lender's Interests. AN expenses Incurred or paid by Lander for such purposes will than beer interest at the rats charged un dse the Note from the dam Incurred or paid by Larider to the dots of repayment by Grantor. AN such expenses will became a pert of the Indebtedness and, at Lenndsr'a option, will Itl be payable on demand: 12) be added to the balance of the Note and be apportioned anuM and be payable with any installment peyrsnts to become due during either (a) tine tam of any applicable Insurance policy, or lb) the remaining two of the Note; or 131 be treated as a balloon payment which will be due and payable at the Note's maturity. Grantor's obligation to Lander for all such expenses shall survive the entry of any mortgage foreclosure Judgment. Warranty; Defense of Title. The following provisions rekethng' to ownership of the Property are a part of this mortgaw. Title. Grantor warrants that: la) Grantor holds good and marketable title of record to the Property in fee simple, free and clew of all low and encumbrances other then thaw set hxtb In the Real Property description or in tine Existing Indebtedness section below or In any title Irma ce policy, two report, or fktel two opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and autio?ky to execute and deliver this Mortgage to Lender. Defense at Title. Subject to On exception In On paragraph above, Grantor warrants and will forever defend the We to the Property against the lawful claim of all pwsons. Existing Ideb/sdneaa. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lion. The lien of this Mortgage tecurirg the Indebtbrnw may be secondary and kWwior to an existing Nan. Grantor expressly covenants and agrees to pay, or aw to the payment of, the Existing IrKkd dress and to prevent any default on such Indebtedness. any default under the Inmurnents evidencing such indebtedness, or any default under any security documents for such Indebtedness. Full Performance. If Grantor pays all the Indebtedness when due, and otherwise pwforme all the obligations imposed upon Grantor under this Mortgage, Lander shelf execute and deliver to Grantor a suitable satisfaction of this Mortgags and suitable statements of termination of any financing statement on no 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 detwmisd by Lander from time to tins. Events of Default. At Lender's option, Grantor will be in default wrier this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Def alt an New PaWerm. . 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 effeat discharge of any lion. Break Othw Pro. ". Grantor breaks any promise made to Lander 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. Defeelt In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agrawnwe, 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. Deatk or Insolvency. The death of Grantor, the Insolvency of Grantor, the e ant part of Grantor's property, any assignment for tin bansflt of creditors, any type ype of of creditor s workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Exlo*g Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencnp such indebtedness, or a default occurs under the instrument securing such Indebtedness and is not cured during any applicable grace period In such Instrument, or any suit or other action i$ commenced to foreclose any existing Ilen on the Property. MORTGAGE Loan No: 400217214 (Continued) Page 4 Breach of Other Agreernerit. 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 arty agreamert concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Eveste Affecting Guarantor. Any of the preceding events occurs with respect to any gueranta, 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. Insesarity. Under In good faith believes itself Insecure. Right to Cure. If any defanit, other than a default in payment is curable and N Grantor has not been given a notice of a breach of the sarne provision of this Mortgage within the prwAdkp twelve 1121 monde, it may be cured if Grantor, attar receiving written notice from Larder demanding cure of such drafauit: (a) cures the default within fifteen (15) days. or (b) if the cure requires more than fiftmm 115) days, imrnediatNy initiates steps which Lander deans in Lender's sole discretion to be oufflolenK to cure the dsfauit and thereafter continues and completes aN reasonable and necessary steps surf loM to produce compliance as soon as reasonably practical. Rtghte and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Landa's option, may exercise any one or more of the following rights and remedies. In addition to any other rights or remadk a provided by law: Accelerate kndebtedryas. Lender sh of haw the right at its option, after giving such notices as required by applicable law, to declare the afire Indebtedness immediately due and payable. UCC Ranedlee. With respect to sin or any part of the Personal Property, Lander shell haw all the rights and remedies of a secured party under the Uniform Commercial Code. Judiklel Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's Interest in all or any part of the property. NonJudkW Sale. If permit ted by applicable law, Lender miry foreclose Grantor's Interest in all or in any part of the Personal Property or the Real Property by non-judicial sale, ode Rerrwuties. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Salle of the Property. To the extwrt permitted by applicable law, Grantor hereby waives any and all right to have tits Property marshalled. In exerclaing Its rights and remedies, Lander shoN be free to a" sin or any pat of the Property together all separately, in one sale or by separate sales. Larder shall be entitled to bid at any public sale on all or any portion of the Property. Ebcdsn of Remedies. AN of Lerxler's rights and remedies will be cumulative and may be exercised stone or together. An election by Lander to choose any one remedy wo not bar Lender from using wry other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under title Mortgage, attar 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. Attomeys' Feeat Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgagee, Lander shah be entitled to recover such sum as the court may adjudge reasonable as eftomeys' fees at trial and upon any appeal. Whether or riot sny court notion is involved, and to the extent not prohibited by law, aN reasonable expenses Lender Incurs that In Lender's opWon we necessary at any time for the protection of its interest or the enforosmart of Its rights WW become a part of the Indebtedness on demand and shell bear Interest at the Note rate from the date of the sx payable covered by this paragraph include, without limitation, however o paditu? untie repaid. Expenses Lender's reasonable &=me"' fees and Lander'a Ie expenses, whedma or not there is a lawsuit, including reasonable attorneys' foes and expanses for bankruptcy proceedkgs (inckndkg efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated port 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 coats, in addition to all other sums provided by law. Miscellaneous Provisions. The following miscellaneous provisions are a pert of this Mortgage: Governing law. This Mortgage will be 90M ad by federal law applicable to Lander and, to the extant not preempted by federal law, the laws of the Commsawmilib of Penmsylvsals without regard to its contiots of law provisions. This Mortgage has been accepted by Lender, le the Comm nwoaldt of Parnsylvanis. MORTGAGE Loan No: 400217214 (Continued) Page S T1me to of the Essence. Time Is of the essence In the performance of this Mortgage. 0ef4Mtbns. The following words shall have the following meanings when used In this Mortgage: Borrower. The word "Borrower' mess Jeffrey C. Bainhour and Tracey E. Bsinhaur and Includes all co-signers and co-makers signing the NOW and all their succession and aselgrte. EnvlranntartW Laws. The words 'Environxnsntd Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the wr*orwnent, Including without Imitation the Comprehensive Emrironmerrtd Response, Compensation, and Llebl ky Act of 1990,'&@ amended, 42 U.S.C. Section 8801, at seq. ("CERCLA"1, the Superhard Amendments and Remadwisation Act of 1988, Pub. L.. No. 99499 ('SARA"), the Huardous Materials Transportation Act, 49 U.S.C. Section 1901, at seq., the Resource Conservation and Recovery Act, 42 U.B.C. Swtiont 8901, at seq., or other applicable stem or federal laws, rules. or regulations adopted pursuant thereto. Event of DefoulL 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. Exialing Mtdebmdnees. The words "Existing Indebtedness' mean the Indebtedness described In the Existing Liens provision of this Mortgage. Grefdor. The word 'Grantor" means Jeffrey C. Beinheur and Tracey E. Seinhour. Qusraaty. The word "Guorenty" means the guaranty from quarsnto?, endorser, surety, or accommodation party to Lender, Including without limitation a quaremy of ad or part of the Note. Indebtedness. The word "Indebtedness' means aN pdrrcipd. httsret, and other amounts, costs and expenses payable under the Note or Related Documents, together with aN rrewsle of, extsnslom of, modiNcations of, consolidations of and substitutlone for the Note or Related Documents and any amounts expended or advanced by Lander to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligation under this Mortgage, together with interest on such amounts ere provided in this Mortgage. Lamer. The word "Lender' means COMMERCE BANK/HARRISBURG N.A., its successor and saw". The words "successor or assigns' mean any person or company that acquires any Interest in the Note. N"age. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word 'Nom' means the promissory rote dated 9eptsmbar B. 1008, in the original principal amount of 078,447.83 from Granter to Lander, together with all renewals of, extsnslom of, modlicadons of, refinancings of, conciliations of, and substitutions for the promissory note or agreement. F'ersatN Property. The words "Personal P'roperty' mean all stiulpment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Red Property: together with all accessions, perm, and additions to. aN replacements of, and all substitutions for, any of such property, and together with all proceeds (including without limitation all Insurance proceeds and refunds of premium) 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. Rehod Documents. The words "Related Documents' mean all promissory notes, crack agreements, loan agreements, environ ental agreements, quarenties, security agreements, mortgages, deeds of trot, security deeds, collateral mortgages, and aN other instrunsaw, agreements and documents, whether now or hereafter existing, executed In connection with the indebtedness. Rent. The wad "Rents" means all present end future ratte, revenues, income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE Loan No: 400217214 (Continued) Page 6 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTCMTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: CERTIFICATE OF RESIDENCE 1 hereby certify, that the precise address of the mortgagee, COMMERCARRISSURQ N.A., herein is as follows: CEDAR CUFF. 1102 CARLISLE ROAD, CAMP HILL, PA 17011 Attorney or Agent for pa INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA Ise COUNTY OF T141yd a A 1 this, the day of Z.IJK?A?GI . 20 W , before me undersigned personally appaare a iy C. 8elnh0a Tracey . iheur, known to me for satisfactorily prownl to be the parson whose names are aubaorlbad to the within instrument, and acknowledged that they executed the sane for the purposes therein In wilmse whereat, I hereunto set my hand and ofBcW COM{AONVVEALTH OF PENNSYLVANIA MT]. Nobtdd Sod Mapco L Vesdt, fJafaiy PubAt; Notary Puble in an for the Stan of (.G111/JFs?LVadA;r 4 Fw,W Ca m*mbn Expires Nov. 2= _T Member, Pennaylranla Assoclation of Noisdas LASER P n ng, er. 5.40.00.003 opr. Harland Financial Solutions, Ina. 1997, . All Rights Reserved.:- PA S:1CFI%LPLlG03.FC TR-27520 PR-74 EXHIBIT A ALL THAT CERTAIN TRACT OF LAND, SITUATE IN THE TOWNSHIp OF LOWER ALLEN, COUNTY OF CUMBERLAND, AIM STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WITi BEOINNIHG A7 A. PCfINT AT THE sQV':mt' i CORNER OF LO! NUMBEk 1*-A, SECTION "B" OF THE PLAN OF A?I,FNDALB'., A$ RECORDED IN TIDE Ct7MSMtLAND COUNTY EECORDBR ! S OFFICE IN PLAN 800M 18, PAGE 42; THENCE ALONG THN SOUTHERN LINE OF LO'T NON= I4-A, SECTIO14 11,13" 'OF' SAID PLAN, SOUTH 75 DEGREE!! 23 NIIQMS 08 S ECm4DS 'WZST, 30.49 FEET TO A POINT AT THE 'NORTHEAS TERN CORNER 017 LOT NUMBE8 15-A, SECTION "A" OP SAID PLAN; THENCE ALONG THB EASTERN LINE OF LOT NUMBER 15-A, 9EGTIOIP --tv OF SAID PLAN; THWC.E ALONG THE MSTSRN DINE OF LOT NUMBER 15-A, SECTION 1113" OF SAID PLAN OF ALLENDALE, SOUTH 1Z DEGRSIS 05 MINUTES. 52 SECONDS EAST, 14.8.31 FEET TO A POINT IN THE NORM LINE OP CREEL OOD DRIVE (50 PEET WIDBk ; TH'ENCB ALONG THE NORTHERN LINM 07 CREEKWOOD DRIVE, SOUT9 78 DEGREES 54 MINUTES 08 SECONDS WEST, 65.0' P$BTR MORE OR tE99, Tr0 A POINT; THENCX CRO.SSINQ CRX9KW0OD DRIVE AND EXTENDING ALONG THE EASTERN LINE OF LOT NUMBER 44=A, SECTION "R" OF THR FLAN OF ALLENDALE, AHOVH'MENTIONED, SOUTH 1.1 DEGR$8E 05 MINUTES 52 SECONDS EAST, 17`2.76 FEET TO A POINT IN THE BANK. OF T148 YELLOW BR$ECHV9 CREEK; THENCE DOWN THB YELLOW BREECHES CREEK, NORTH 78 DEGREES 02 MINUTES EAST, 389.0$ FEET, MORX OR LE93, TO A POINT; C Z' .CONTIN[]ING DOWN THE YE=Wt BR$BC'HES CREEK., NORTH 64 DEGREES 09 MINUTES FAST', 140.63 PBTT TO A POINT IN THE LING OF LAND NOW OR FORMERLY OF NATIONAL LAND AND INVESTMENT'COMFANY; THENCE ALONG THE LINE OF SAID LAND NOW OR P0AMFRLY OF NATIONAL LAND AM INVESTMEW COMPANY, NORTH 71 DE©R88S 00 MINUTES WEST, 467.95 FEET TO A POINT;. THENCE BY THE SAME, NORTH ,35 D8ClREE8 01 MINUTES 52 SECONDO WEST, 47.81 FEET, MORE OR LESS, TO A POINT AT THE SOUTHW 9TMN CORNER OF LOT NUMBLR 14-A, SECTION "B" ON THE PLAN OF ALLENDALE., AS. RECORDED IN THE CUMBERLAND COUNTY RECONDER19 OFFICE IN PLAN 3857001? f • EXHIBIT A (coMtinued) BOOK 16, PAGE 42., FIRST ABOVE MgWlONBD., AT TMZ POINT AND PLAC'`'E OF BEd*NNXNG. Permanent Pardal Numbers 1.3250010338 JEFMNY C. BEIN14AUR AND TRACEY 9.'BEINHAUR, HUSBAND AND WIFE 155 CR 11,1 fOM D'RIVE', CAME EiILL PA 17011. Loam ReferO1160 N4mbeY 5410/1011 First AMetitain C[rddr Nor: 3 0ST0 010 Identi,tier: FIRST AMERICAN XSMER9 ADVANTAGE IMINNIN %A111111 !aElm R PA FIRST iMERICAN ELS MOR om ?lu?rrm?liNiwnr?lal??liinr CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Request for Admissions was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekview Drive Camp Hill, PA 17011 MARTSON LAW OFFICES By: , 044t-6 M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: /at/ //,I This is a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. l A, CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekview Drive Camp Hill, PA 17011 MARTSON LAW OFFICES By: LB /C' M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: !f /aj/?/ This is a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. l F.\Clients\11412 Metro Bank\11412.19 Beinhaur\11412.19.motion sj.wpd Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants c-3 -? 3 Zm :z= cam .{D t--z D r. =c:> 3> ? r --j -+o w ss 3 cn cn -st ?a -n 6 -n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-7137 CIVIL IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Members I" Federal Credit Union, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files this Motion for Summary Judgment and in support thereof avers the following: 1. The moving party is Members 1 S' Federal Credit Union, a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055 ("Plaintiff'). 2. The responding parties are Jeffrey C. Beinhaur and Tracey E. Beinhaur, adult individuals residing at 155 Creekview Drive, Camp Hill, PA 17011 ("Defendants") 3. The pleadings are closed in this case. 4. On or about December 17, 2011, Plaintiff served Defendants with, among other things, Requests for Admissions. A copy of Plaintiff's Request for Admissions is attached hereto and incorporated herein by reference as Exhibit "A." 5. As of April 11, 2011, Defendants have not answered the Requests for Admissions. 6. Defendants have not contacted Plaintiff regarding the outstanding discovery. c 7. According to Pennsylvania Rule of Civil Procedure 4014(b), each request for admission is deemed admitted unless the responding party files an answer within 30 days of service. 8. Consequently, the following facts are admitted: a. On September 5, 2008, Defendants executed a note in the amount of $76,447.63 in favor of Plaintiff, representing money owed to Plaintiff (the "Note"). The Note is identified as Exhibit "A" to the Complaint; b. On September 5, 2008, Defendants executed a mortgage in favor of Plaintiff, as identified as Exhibit "B" to the Complaint (the "Mortgage") placing a lien on the real property identified in Instrument No. 2008319312 in the Cumberland County Recorder of Deeds Office and referred to as 155 Creekview Drive, Camp Hill, Pennsylvania 17011; C. Defendants failed to make the required monthly payments as required under the terms of the Note from August 2010 through the present; d. Defendants are in default of the Note executed September 5, 2008; and e. As a result of the default under the Note, Plaintiff is permitted to foreclose on the real property identified within the Mortgage. 9. Plaintiff alleged in its Complaint in Mortgage Foreclosure that Defendants owe $81,418.69 as itemized as follows: Principal: $72,734.51 Late Fees: $715.89 Interest as of October 18, 2010: $195.29 Court Costs and Fees (estimated): $500.00 Attorney Fees: $7,273.00 Total as of October 18, 2010: $81,418.69 Plus interest accruing at $13.94 per day from October 18, 2010, until paid in full. 10. Due to the deemed admissions in Plaintiff's discovery, Plaintiff submits that it is entitled to summary judgment in its favor as a matter of law. 11. This case has not been listed for trial, and this Motion will not unreasonably delay trial. 4 WHEREFORE, Plaintiff, Members 1" Federal Credit Union, respectfully moves that summaryjudgment be entered in its favor and against Defendants in the amount of $81,418.69, plus interest from October 18, 2010, at the rate of $13.94 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter. Respectfully submitted, MARTSON LAW OFFICES By: Christopher E. Rice I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: -? 2 - Attorneys for Plaintiff This is a debt collecting firm for Members 1" Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" F:IFILESTlientn\11412 Metro Bank\11412.19 9einhaur\I14T2.19.regadm Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-7137 CIVIL IN MORTGAGE FORECLOSURE PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSIONS DIRECTED TO DEFENDANTS TO: JEFFREY C. BEINHAUR and TRACEY E. BEINHAUR Enclosed please find Requests for Admissions served by Plaintiff to be answered under oath by Defendant within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Plaintiff at the address below. Each matter of which an admission is requested is admitted unless within thirty (30) days after service of the request a sworn answer or an objection to the matter, signed by the Defendants or their attorney, is served upon counsel for Plaintiff. It is hereby certified that a true and correct copy of this Request for Admissions was mailed to Defendants on this date by the undersigned. MARTSON LAW FFICES By: Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Date: /,2/,/7//C 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. Request for Admission No. 1 On September 5, 2008, Defendants executed a Note in the amount of $76,447.63, in favor of Plaintiff and representing money owed to Plaintiff. Admit Deny Request for Admission No. 2 Exhibit "A" attached to Plaintiff's Complaint is an identical copy of the Note executed by Defendants on September 5, 2008. Admit Deny Request for Admission No. 3 On September 5, 2008, Defendants executed a Mortgage in favor of Plaintiff, placing a lien on the real property identified in Instrument No. 200831931 of the Cumberland County Recorder of Deeds Office and referred to as 155 Creekview Drive, Camp Hill, Cumberland County, Pennsylvania. Admit Deny Request for Admission No. 4 Exhibit "B" attached to Plaintiffs Complaint is an identical copy of the Mortgage executed by Defendants on September 5, 2008. Admit Deny Request for Admission No. 5 Defendants failed to make the required monthly payment for the month of August 2010, as required by the terms of the Note executed on September 5, 2008. Admit Deny Request for Admission No. 6 Defendants failed to make the required monthly payment for the month of September, 2010 as required by the terms of the Note executed on September 5, 2008. Admit Deny Request for Admission No. 7 Defendants failed to make the required monthly payment for the month of October, 2010 as required by the terms of the Note executed on September 5, 2008. Admit Deny Request for Admission No. 8 Defendants failed to make the required monthly payment for the month of December, 2010 as required by the terms of the Note executed on September 5, 2008. Admit Deny. Request for Admission No. 9 As of the date of this answer, Answering Defendant is in default of the Note executed on September 5, 2008, and identified as Exhibit "A" in Plaintiff's Complaint. Admit Deny EXHIBIT "A" PROMISSORY NOTE Principal Loan Date Maturity Loan No call / coo Account Officer Initials $76,447.63 109-05-2008 109-10-20231 400217214 1 -- -T 11012 References in the boxes above are for Lender's use only and do not limit the applicabfNty of this document to any particular loan or item. An Item above containing '19" has been omitted due to text I h limitations. Borrower: Jeffrey C. Belinhouir Lender: COMMERCE BANK/HARRISBURG N.A. CEDAR CLIFF 155 Creekwood Drive i _`. ?•, i? 1102 CARLISLE ROAD Camp HiL PA 17011 U Lr1 CAMP HILL, PA 17011 (7171909-3200 Principal Amount: $76,447.63 Interest Rate: 7.000% Data of Note: September S, 2008 PROMISE TO PAY. I ("Borrower") jointly and severally proms in pay to COMMERCE BANKAWRISSURG N.A. ("Lender"), or order, in lawful money of the United Stator of America, the prkrolpa{ arrois - of Seventy-sbt Thouand Four Humber Forty,aswn IL 53/100 Dollars 076,447.63). together with bntereee at the rote of 7.00011 per ann ns as tits unpsld prbdpsl beYrtoa from Sapdntber 10. 2005, until paid in full. The Interest two may change under the terms and conditions of the "M MM AFTER DEFAULT" @nation. PAYMENT. 1 WIN Pel? this loon M 180 payments of $697.23 am* paystowL My fist payment In due October 10, Zoos, and all subsequent payments we due on the same day of each month after that. My final payntnartt wM be due on September all accrued btteres 0 not yet paid. Payments Include principal anal kttsnet. Unless otlerwNs10, 2023, and w1 be for all principal will be applied first to arty stoned unpaid Inlaeet dart to ?? or *6 d by applicable ave.. krt is to my unpold coNsedon s on title Note M computed on a 3651365 simpN Interest lawk; tl dW la. by applybq the raids of 1111s areal _ I tamest rate over the iwmbm of days in =yew. maritlpNad by the ou?rnding principal balance. na 'IN Ism by the actual rNmbor of days the prlneipN bslonce is outaterWing. I will pay Lender at Lender's address shown above or at such other Place so Lender may I ly i In wdit. PREPAYMENT. 1 may pay without penalty all or a pardon of the amount owed eMir than it is due. by Lender in writing, relieve me of my obligation to continue to make payments under the Paymern schakdo. Rather, early l;rly payments will not, unless agreed t the principal balance due and may result in my making fewer payments. I agree not to sand Lander paymerne makedd *paid to full*, without recourse', or similar language. If 1 sand such a payment. Lander may accept it without losing any of Lender's rights urndw this Note, and I will remain obligated to pay any further amount owed to Lander. AN written cwrmxnoatlors cornering disputed amounts. including any check or other payment islrurnwe that indicates then the payment constitutes "payment in ftdi' of the amount owed or that le tendered With other conditions or Nrnitsdons or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999. LATE CHARGE If a payment Is 15 days or marelets, I will be charged 5.000% of thi regularly scheduled payment, INTEREST AFTER DEFAULT. Upon default including fait" to pay upon final maturity, the interest rate on this Note shall be Increased by 2.000 percentage points. If judgment is entered in connection with this Note, interest will continue to scants attar the date of judgment at the rate in effect at the time judgment Is entered. However, in no went will the Interest rate exceed the maximum Interest rate limitations under applicable law. DEFAULT. 1 WIN be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due taller this Note. Break Other this Pronrese. 1 break any promise roads to Lender or fall to perform promptly at the time and strictly in the manner provided In Note or any agreement related to this Note, or in any other agreement or loan I have with Larder. Data* In Fever of Third Pardes. 1 or any Grantor defaults under any ban, 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, Y Fa so Statements. Any representation or statement made or furnished to Lender by me or on my behaff under this Note or the related documents is false or misleading in any material reaped, 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 wrier sty bankruptcy or insolvency laws. Taking of the Property. Any creditor or governments! agency tin to take any of the property or any other of my property in which Lender has alien. This includes taking of, garnishing of or levying on my accounts with Lender. However, If 1 dispute in good faith whether the claim on which the taking of the property N based is valid or reasonable, and if 1 ghra Lender written notice of the claim and furnish Lender with mordes or a surety bond satisfactory to Lander to satisfy the elakn, then this default provision will not apply. Defective Cofthwa i=don. This Note or any of the related documents ceases to be in furl force and effect finckuding failure of any collateral document to create a valid and perfected security interest or Nem1 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 lose, 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 any of the Indebtedness or any guarantor, endorser, aurety, 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 Insecurity. Lender in good faith believes itself Insecure. Cure ProvWons. If arty default, other then a default in payment In curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve it 21 months, it may be cured If I, after receiving written notice from Lender demanding cure of such default: 11) cure the default within fifteen (15) days; or 12) if the cure requhp more than fifteen 0 5) 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 notlcm as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest immediately due, and then 1 will pay that amount. ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone also to help collect this Note It I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there PROMISSORY NOTE Loan No: 400217214 (Continued) Page 2 is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (includiig efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court coats, 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 riot preempted by federal law, the laws of the Commonwealth of Pennsylvanh without regard to its conflicts of law provisions. This Nob has been accepted by Lander in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable low, Lander 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 she 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 low. I authorize Lender, to the extern permitted by applicable few, to charge or setoff all suns owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Nob Is secured by the following collateral described In the security ketrument listed herein: a Mortgage dated September 5, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. ERROR i OMISSION AGREEMENT. The Undersigned Borrower(s) for and In consideration of the above referenced ban agrees, Is requested by Bank or Closkhg Agent for Bank, to fully cooperate and adjust for clerical errors, on any or all ban closing documentation if deemed necessary or desirable M the reasonable discretion of Bank or Closkhg Agent for Bank. The Borrower(s) agree to promptly execute any corrected documents at Bank Address. The Undersigned Borrower(a) does hereby to agree and covenant in order to essure that the ban documentation executed this dab will conform and be acceptable by Lander or he interest M and to the ken documentation. The Undwaigned Borrower(s) failure to comply with a request under this Agreement by Lander or Closing Agent for Bards may, at the option of Bank, constitute a DEFAULT by Borrower(s) under the ban documents enforceable against Borrower(s) and which is in addition to any other remedies available at law or in equity to Lander. SUCCESSOR INTERESTS. The terms of this Note shag be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shag inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Pies" notify us if we report any kaccurate information about your aecountis) to a consumer reporting agency. Your written notice describing the specific inaceuraeyfleel should be sent to w at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. GENERAL PROVISIONS. If any part of title Nob cannot be enforced, this fact will not affect the mat of the Nob. 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 Nola, to the extent allowed by law, weave pressntrrent, demand for payment, and notice of dlshorhor. Upon any change in the terns of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether si maker, guarantor, accommodation maker or endorser, shag be released from Nobility. AN 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, fag to realize upon or perfect Lender's security interest in the collateral. All such parties oleo agree that Lender may modify this lout without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note we 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, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. 1. AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEPT OF A COMPLETE COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GP*10 UNDER SEAL AND IT IS INTENDED THAT THIS NOTE 18 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ""?".,•?** Sea" (71, ?"*`n haw Tracey NOTICE TO COSIGNER You we can afford tog asked to guarantee thle debt. Think carefully before you do. N this borrower doesn't pay the dobt, you will have to. Be auto you pay If you hew to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt N the borrower does not pay. You may also have to pay lots less or collection costs, which Increase this amount. The Lender can cogent this dobt from you without fiat trying to cogent ftom the borrower. The Lander am use the some collection mo "a against you that can be used against de borrower, such as suing you, garnishing your wages, ens. H this debt Is over in default. den fact may become a part of YOUR credit record. This nodes is not the contract that makes you UAW for the debt. tAMW M L0Wh% W. 1.0CUA 6W J%ftW IMnY NYf m %L 19W 101L M Mpe q-" • M Mp/IIMMM M V%rMft 11.f, EXHIBIT "B" 0 Oro "?j I001470 III Parcel Identification Number: 13250010339 RECORDATION REQUESTED BY: coMMEI1CE BANKIHAMMBURG NA. CEDAR CLIFF 1102 CARLISLE ROAD CAMP HILL, PA 17011 1W. COMMERCE BANKMAMNSURG N.A. LOAN SERVICING 3501 PAXTON STREET HARRISBURG, PA 17111-1418 WHEN RECORDED, REI'UR1NTO: SEND TAX NOTICES TO: B0EM7L0ANJ1ZWC>61(" RM 11tV SLiPAP1C1)I AYlrJVlld, 8LQ JW ism" C. Sewssur Tracey E. Bekiheur CLEVJ LNQ 0JU0 "11I 155 Creekwood Drive NA7I0NALRZC0R1l1W-7HEM! Cann Fir. PA 17011 Accawuwdae=BecarfiVAs t7xwRegw t FOR RECORDER'S USE ONLY P?- MORTGAGE ` ?? Amount Secured Hereby: 976,447.63 THIS MORTGAGE dated September 6, 2008, Is made and executed between Jaffrey C. Beinhaur and Tracey E. Beinhaur, whose address is 166 Creekwood Drive, Camp Hal, PA 17011 (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"). GRANT OF MORTGAGE. For valuable consideration, Grantor Grants, bargains, sells, conveys, releases, confirms and mo assigns. trerafere, rtysgas to Lander 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, Mays, passages, and ways: all sassments, rights of way, all liberties. privileges, tenements, hereditanwwo , and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the revsralona and remainder@ with respect thereto: all water, water rights, wetsrcouraes and ditch rights linckx&V stock In uOtles with ditch or irrigation rightsl, and all other rights, royalties, and profits rM to the raw property, incknding without limitation aI minerals, oI, as, geothermal and similar matters, (the "Real operty") roosted In Cumberland County, Commonwes h of Pennsylvania: See Exhbh "A", which Is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or he address is commonly known an 165 Creekwood Drive, Camp Hill, PA 17011. The Real Property parcel Idend loatlon number is 13250010338. THIS MORTGAGS, INCLUDING THE ASSIGNMENT OF RSNTB AND THE 4KWRtrY INTEREST IN THE RENTS AND PERSONAL PROPERTY, 18 GIVEN TO SECURE (A) PAYMENT OF THE NDESTEDNESB AND (a) PWVOWAANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE M OP40 AND ACCEII ON THE FOLLOWING TERMB: PAYMENT AND PERFORMANCE. Except ere otherwise provided in this Mortgage, Grantor shall pay to Lander 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 shag be governed by the following provisions: Possew&m 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 MaIntaln. Grantor shall maintain the Property in good condition and promptly perform an repairs, MORTGAGE Loan No: 400217214 (Continued) Page 2 replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property now has been, and never will be so long as this Mortgage remains a lion on the Property, used for the ganeratlon, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance M violation of any Environmental Laws. Grantor suthortme Lander and its agenda to war upon the Property to make such inspectors and tact as Lander may doom appropriate to determine compliance of the Property with this scion of the Mortgage. Grantor hereby 11) releases and waives any future claims against Lander for indamehlty or contribution In the event Grantor becomes liable for clearxyt or other comb uMo any such Ism, and 121 egress to Indemnify, dsfsM, and hold harmless Lander agsirwt any and all claims sM losses resulting from a breach of this paragraph of the Mortgage. This obligation to indernnify and defend shall survive the payment of the Indebtedness end the satisfaction of this Mortgage. DUE ON SALE . CONaENT BY LENDER. Lander may, at LsMar's option, declare Immediately due and payable all sums secured by this Mortgage upon the sits or transfer, without Lender's prior written consent, of all or any pan of the Real Property, or any Interest In the Real Property. A 'sale or trawler" mane the comrayerice of Raal Property or any right, title or knerest in the Red Property: whetherlegal, ' ansfnial orequigble, whetisr voluntary or invokattary, whather by outright ads, deed, kstalknnt sale contract, lard contract, contract for dead, lesadwld harem with m term grater then thres 13) goers, lesse-option contract, or by seb, esaigruinam or transfer of any beneficial Interest in or to any land trust holding this to the Red Property, or by any other method of conveyance of an krterest in the Real Property. However, this option shall not be exercised by Lender If such .xsrolas In prohibited by federal law or by Pennsylvania law. TAXES AND LIENQ. The following provisions relating to the taxes and Ilene on the Property are part of this Mortgage: Payment. Grantor shall pay when due land in all events prior to delinquency) MI taxes, payroll taxes, special taxes, assess no. , water charges and sewer service charges levied spinet or on account of the Property. WW shelf pay when due all clakrs for work done on or for services rendered or material furnished to the Property. Grantor shall mairmain the Property free of any Ilan awing priority over or equal to the le am of Lender under this Mortgage, except for the Existing Indebtedness referred to In this Mortgage or those Rene speoitloally agreed to in writing by Lender, and except for the lion of taxes and aasesements not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE SISURANCE. The following provisions relating to insuring the Property are a pan of this Mortgage: Malnlanancs of Insurance. Grantor shelf prooure and maintain policies of fin insuranes with standard extended coverage endonerrsrtts on a replacement bads for the full insurable value covering all Improvements on the Real Property In an amount suHlolott to avoid application of any ooknrrance clause, and with a standard mortgagee clause in favor of Lender. Popsies shall be written by such insurance companies and in such form se may be reesonebly acceptable to Lander. Grantor shall deliver to Lander certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a mWmrm of ten (101 days' prior written ratios to Larder and not containing any dtteblmer of the Insurer's liability for failure to give such notice. Each insurance policy also shelf inside an srhdoresmnt Providing tat coverage in favor of Larder 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 Mer-Tow. rht Agency se a special flood hazard arse. Grantor agrees to obtain sM maintain Federal Flood Nou?eras„NewaNable, within 40 days after notice is givers by Larder that the Property In located In a special flood hazard arts, for the full unpaid principal below* of the loan and any prior Ilene on the property securing the ban, up to the maximum policy limits set under the National Food Insurance Program, or es otherwise required by Lander, and to maintain such Insurance for the term of the loan. Tax and lasw once Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day payments we due under the Piste until the Note is paid in full, s stmt ("Escrow Funds") equal to ern-twd}th of (a) and annual taxes, special taxes, essessmente, water chwW and sewer service charges levied against or on account of the Property and (b) annual pnmkahte for polloies of fire ineurows, with all risks standard urtadsd coverage required under this Mortgage ('Escrow hem"). Lander may smirnew the amount of Escrow Furxb on the, basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shag be held by Lender and applied to pay the Escrow home when due. Lender will not charge for holding and applyktg the Escrow Funds, analyzing the account, or verifying the Escrow Items, u nk" Lander pays Grantor interest on the Escrow Funds and applicable law permits LaMar to make such s charge. Grantor and Lander may agree in writing that interest shall be paid on the Escrow Funds. Unless on agreement Is made or applicable law squires Interest to be paid, Lender shall not be required to pay Grantor any interest or awnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by title 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 MORTGAGE Loan No: 400217214 (Continued) Page 3 excess shag be, at Grantor option, eithv promptly repaid to Grantor or credited to Grantor in scheduled paynwrft of Escrow Funds. If the amount of the Escrow Funds held by Lender In not sufficient. to pay the Escrow items when dui, Grantor shag pay to Lender any amount necessary to make up the deficiency In one or more psyments as required by Lender. Lender's 6tpuudlbres. If Grantor falls 111 to keep the Pro encumbrances, and other claims, 12) to provide any required Insurance on the Proper ty, (31 to males regales to the Property or to comply with any obligation to maintain Existing Indebtedness In good standing es required below, than Lender may do so. If any action or proceadng in commenced that would materially affect Lender's Interests in the Property, then Lender on Grantor's behalf may, but is not required te, take any nation that Lender believes to be appropriate to protect Lender's Interests. AN expenses Incurred or paid by Lender for such purposes will than beer interest at the ran charged under the Note from the data Incurred or paid by Lander to the date of repayment by Grantor. AN such wgmw s will became a part of the Indebtedness and, at Lender's option, will (1) be payable on demand: 12) be added to the balance of the Non and be apportioned amag and be payable with any Installment payments to became due during either Is) tie term of any applicable Insurance policy: or (b) the remaining term of the Note: or 13) be treated as a balloon payment which will be due and pay" at the Note's jug . Gnu, es obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure Warranty: Defense of Title. The following provisions relatbg' to ownership of the Property are a part of this Mortgage: Tills. Grantor warrants that: la) Granter holds good and marketable title of record to the Property in fes simple, free and clew of all lam and encumbrances other than those set forth M the Real Property description or In the Existing Indebtedness section below or In any title Insurance policy, title report, or fknl this opinion issued in favor of, and accepted by, Lander in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defames 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 persona. Existing Indebtedness. The following provisions concerning EWs*q Indebtedness are a part of this Mortgage: Existing Lien. The lion of this Mortgage securing the Indebtedness may be secondary and Inferior to an existing Non. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtadrsss, any default under the Instrunmm evidencing such indebtedness, or any default under any security docurnwo for such Indebtedness. Full Perfunneace. M Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Mortgage, Lender shag execute and deliver to Grantor a suitable sadefacilon of this Mortgage and suitable statements of termination of any financing statement on file evidersing 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 Lander from time to time. Evwhte of Default. At Lander's option, Grantor will be In default under this Mortgage If any of the following happen: Paynwrt Default. Grantor fails to make any payment when due under the Indebtedness. Default an other Payments. Failure of Grantor within the tiros required by this Mortgage to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of on to effect discharge of any lion. 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. Dafmit in Favor of Third Pertlee. Should Grantor default under any loan. extwmkn of credit, security agreement, purchase or sales agresnsnt, 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 Indabt dnhese or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Death or Insolvency. The death of Grater, the Insolvency part of Grantor's property, any assignment for the bwwflt o :editors any appointment cre h ? a wreceiver orkout, any commencement of any proceeding under s bank Y type YPe of of , o or the tog any ?uptcy or Insolvency laws by or against et Gr. Grantor. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness Is not made within the time required by tin promissory note evidencing such Indebtedness, or a default occurs under the instrument securing such Indebtedness and is not cured during any applicable grace period in such Instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. MORTGAGE Loan No: 400217214 (Continued) Page 4 Breach of Other ASresmant. Any breach by Grantor under the tams of any othar agreement between Grantor and Lender that Is not remedied within any grew period provided thenU, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, wheel w existing now or later. Evente Affecting Guwwdw. Any of the preceding events occurs with respect to any gwrartor, 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 vandity of, or liability under, any Guaranty of the Indebtedness. kdsaaky. Larder In good faith believes hsslf insecure. Right to Cure. If any default other than a data* in payment Is curable and M 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 writtao .w from Lander demanding cure of such default: (a) cures the default within fifteen (15) days; or Ib) if the cure requires more than fifteen 115) days. Immediately initiates steps which Lender deems In Lender's sole discretion to be sufficient to cure the defwk and thwssfter continua and completes all reasonable and necessary steps Sufficient to produce compliance as soon as reasonably practical. Riposte and Rarsdiss on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exwel" any one or more of the following rights and remedies, In addition to any other rights or remedies provkfed by law: Aoaelwate Indebtedness. Lender shell have the right at its option, after giving such notices as required by applicable law, to declare the entire indebtedness Immediately der end payable. UCC Rwune I a. With respect to all or any part of the Personal Property, Lander shall have ell the rights and remedies of a secured party under On Uniform Commercial Code. JudkW Foreabeure. Lander may obtain a judicial decree forecioaing Grantor's interest in an or any part of the Property. Hants daW 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-judi al sale. Other Renedles. Lander 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 appNoable law. Grantor hereby waives any and ale right to have the Property marshalled. In exercising its rights and remedies, Lander Shall be fres to son an or any part of the Property together oi' separately, in one sale or by sepwate Sale". Larder shall be entitled to bid at any public sale on an or any portion of the Property. Mellen of Remedios. AN of Lender's rights and remedies win be cumulative and may be exercised alone or together. An election by Linder to choose any one remedy will not bar Lender from using any other remedy. It Lander deckles to spend money or to perform err of Grantor's obligations under this Mortgage, after Grantors failure to do no, that decision by Lander win not affect Landa's right to declare Grantor in default and to exercise Lender's remedies. Attomsy"' Pass; Expeness. If Lander institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such own es the court may adjudge reasonable as attomay"' fees at trial and upon any appeal. whethw or not any court notion is Involved, and to the extent not prohibited by law, an reasonable "xpenase Lander Incurs that M Lender's opMon are necessary at any this for the protection of its Interest or the enforcement of its rights Shall become a part of the Inndabtedness payable on demand and shall bow Interest at the Note rate from the data of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subjeot to any Nmhe under appnoable lever, Center's reasonable attorneys' has and Lender's legal sxpaseS, whether or not there is a lawsuit, Including reasonable attorneys' fees and expenses for bankruptcy Proceedings (Including efforts to modify or vacate any automatic stay or injunction), appeals. And any anticipated Poet-ju figment collection services, the cost of searching records, obtaining titre reports (Inchuding foreclosure reports), surveyors' reporte, and appraloal fees and title insurance, to the extent permitted by applicable law. Grantor also win pay any court costs, In addition to an other sums provided by law. MisceNeneous Provisions. The following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by federal low applicable to Lender and, to the extent not preempted by federal low, the laws of the Commonweslth of rwmaylvaels whhoat regwd to No sardNat" of low provisions. This Mortgage has been accepted by Lander M the Contmonwealht of egard v No MORTGAGE Loan No: 400217214 (Continued) Page 6 Time Is of the Essence. Time is of the essence in the performance of thin Mortgage. DsfkYtlons. The following words shall have the following meanings when used In thin Mortgage: Borrower. The word "Borrower" means Jeffrey C. Bsinhour and Tracey E. Sainhour and includes all co-signers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Lawa' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without Imitation the Comprehenshre Envlrorrnentel Response, Compensation, and Liability Act of 1980; as amended, 42 U.S.C. Section 9801, at seq. i"CERCLA% the Superf nd Ana dieter is and Reauthorization Act of 1988, Pub. L. No. 99-499 ('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 8901, at seq., or other applicable now or federM laws, rules, or regulations adopted pursuant thereto. Event of Defauk. The words 'Event of Default" mean any of the events of default set forth in thin Mortgage In the events of default section of this Mortgage. ExIs&V Indebtedness. The words "Existing Ixlebtednses" mean the indebtedness described In the Existing Liao provision of this Mortgage. grantor. The word "Grantor" means Jeffrey C. 8sinhour and Tracey E. Beinhaur. Guaranty. The word "Guaranty" means to guaranty from guarantor, endorser, surety, or accommodation party to Larder, including without Imitation a guaranty of all or part of the Note. Indebtedness. The word "Irdebtsdnees" me" all prlncipai. interest. and other amounts, costs and expenses payable under the Now or Related Documents, together with ON renewals of, extensions of, modit-tin of, consolidation of and substitutions for the Now or Related Documents and any amounts expended or advanced by Larder to discharge Gramm m's obligations at expenses Ionrred by Lander to enforce Grantor's obligations under this Mortgage, together with Internet on such amounts es provided M this Mortgage. Lander. The word "Larder" means COMMERCE BANK/HARRISBURG N.A., Its successors and assigns. The words "successors or assigns" mean any person or company that acquire any Interest in the Note. Mortgage. The word "Mortgage" means thin Mortgage between Grantor and Lender. Note. The word "Now" means the promissory nob dated September d, 1008, In the original principal amount of $78,447.63 from Grantor to Lander, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory row or agreement. Pam Property. The words 'Personal Property" moan ale aquipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Reel Property: together with all accessions, part, and additions to, all ropiacenertts of, and ail substitutions for, any of such property; and together with all proceeds (Including without limitation all Insurance proceeds and refunds of prersksns) from any sale or other disposition of the Property. Property. Tins 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. Relabel Documents. The words 'Related Documents' mean all promissory notes, credit agreements, ban agreements, ewironmental agreements, guaremies, security agreensnw, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter vdating, executed in connection with the Indebtedness. Rents. The word "Rents" mess all present and future rents, revenues, Income, issues, royalties, profits, and other benall derived from the Property. MORTGAGE Loan No: 400217214 1Contlnued) Page 8 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE 18 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: CERTIFICATE OF RESIDENCE i hereby certify, that the precise address of the mortgagee, COMME7-",, ARRISSURG N.A., herein is as foilows: CEDAR CUFF, 1102 CARLISLE ROAD, CAMP HILL, PA 17011 T yY A or Agent or Moft sgN INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA )SS COUNTY OF Dlru A ) J)p this, th? • day of ?FGA4nLA' . 20 before me ? yzeE4 the undersigned Notary perionally jwww3mw C. Sebheur an Tracey . nhls ew. known to me for satisfeotorly proven) to be the person whose nemse we subscribed to the within instnunsnt, and acknowhsdged that they executed the owns for the purposes therein e , In witness whereof, I hersatto set my hand and offbW sos"? COMMONWEAI.TH OF PMNMVANIA •%?yA??_ _ Nd" Seal Notary PubYc in for the State of Ua4 W Oorrn?tsslon Exp inM Nov. 9, ? Member, Penesyhania Association of NotarMs LASER PRO V g, er. 5.40.00.003 Copr. Hnrlend Financial ons, nc. 1997, . All Rights Reserved, - PA S:%CFIILPL%G03.FC TR-27528 PR-74 E%HIBIT A ALL THAT CERTAIN TRACT OF LAND, SITUATE IN THE TOWNSHIP OF T40WER ALLEN, COUNTY OF CUMBERLAND., AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WITi BEGINNING AT A. POINT AT THE SQLI"9%$TERN CORNER. p LOT NUMBmZ 1,4-A, SECTION "'B" OF THE PLAN OF iwahLif A8 RECORDED IN Tan CUMBERLAND COUNTY $SCC=XR' S OFFICE IN PLAN BOOK 19, PAGE 47,; THENCE ALONG. THE SOUTHERN LIFE OF L Or N=3R 14-4, SECTICR4 *B" DF' SAID PLAN, SOUTH 75 DDS 23 MINUTES 08 SECCRQDS' WEST, 30.49 FEET TO A POINT AT THE N0lkTMSTE" CORNER OF L0T NUMBER 15-A, SECTION ",S" q? SAID PLAN; THENCE ALONG THE' EASTERN LINE OF LOT NUMBER 15-A, SZLVION "$" OF SAID PLAN; TMWCX ALONG THE SASTBRW DINE OF LOT NUMBER 15-A, SECTION "B" OF SAID PLAN OF ALLENDAL1, SOUTH 11 DEGREES 05 MINUTES. 52 SECONDS EAST, 148.31 FRET TO A.POINT IN THE NORTHERN LINE OF CREEKVOOD DRIVE (50 FEET WIDE) ; THENCE ALONG THE 'NORTHERN LIN% 0V CREEKWOOD DRIVE, SOUTH 78 DEGREES 54 MINXn= 08 SECONDS WEST, 65.0 FEET;, MORE OR E,fi3$, TO A. POINT; THENC$ CROSSING CR$ERWOOD DRIVE AND MCTENDIM ALONG THE EASTERN LINE OF LOT NUMBER 44=A., SECTION "8" O$ THE FLAN OF ALLENDALE, ABOVS MENTIONED, SOUTH. 1.1 DEGREES 05 MINUTES 52 SECONDS EAST, 172.76 FE$'T TO A POINT IN THE BANK. OF "THE YELLOW BR$ECHZS CREEK; THENCE DOWN THB YELLOW BREECHES CREEK, NORTH 78 DEGREES 02 MINUTES EAST, 389.0S. FEET, MORR OR LEJS4 TO A POINT; THENCE CONTINUING DOWN ' THE YELLOW' BRXECHES CREEK., NORTH 65 DEGREES 09 MIN07 0 EAST140.63 PEST TO A POINT IN THE LIM OF LAND NOW OR FORMERLY OF NATIONAL LAND AND INVESTMENT COMPANY; THENCE ALONG THE LINE OF SAID LAND NOW OR Va MERL,,Y OF NATIONAL LAND AND INM_TMENT CQMPANY, NORTH 71 DEGREES 00 MINUTES NEST, 467.95 FEET TO A POINT;. THENCE BY THE SAME, NORTH.39 DEWES 02 MINUTES S2 SECOND.4 WEST, 47.51 FEET, MORE OR LESS, TO A POINT AT THE SOUTHBUTBRN CORNER OF LOT NUMBER 14-A,. SECTION "B" ON THE PLAN OF ALLENDALE,, AS RECORDED IN THE CUMBERLAND COUNTY RECORDEA!$ OFFICE IN PLAN 38570019 EXHIBIT A (cbhtfnued) BOQK 18, PAGE 42., FIRST ABOVE MgNTIONED., AT THE POINT AND PLACE OF MtNNTNG. PermAnditt Perc?el Number: 13250010338 JEFFREY C. BEINEAUTR AND TRACEY 'gEINHAUti, $U38ANL1 AND WIFE 155 C D-kIVE., CAMB KILL 034 17011. Ldan 'RO-fOrOrid-c der ° 5410/1012 First Agotioakh O. &r Ivcr: 3$570010 Identifier: FIRST AMERICAN LENDERS ADVANTAGE IIWINflll PA FIRST AMERICAN ELS MORTGAGE IIII?IIIIIN?IIININII?II?NNIfII? II is MIS c r CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Request for Admissions was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekview Drive Camp Hill, PA 17011 MARTSON LAW OFFICES By: M#01- Price Ten 'East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?0 j/ 011 This is a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Motion for Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekview Drive Camp Hill, PA 17011 MARTSON LAW OFFICES By: - LM ) LA-' 6 M4 ?f Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4111_3111 This is a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. #14. METRO BANK, f/k/a COMMERCE BANK HARRISBURG, N.A., Plaintiff V. JEFFREY C. BEINHAUR and TRACY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 7137 CIVIL TERM IN RE: PLAINTIFF'S AMENDED MOTION FOR SUMMARY JUDGMENT BEFORE OLER, GUIDO, JJ. ORDER OF COURT AND NOW, this 25TH day of JULY, 2011, it not being clear that the Request for Admissions were received by the Defendants, the Plaintiff's Amended Motion for Summary Judgment is DENIED. By the Edward E. Guido, J. ? Christopher E. Rice, Esquire I ,,OW C X -- c ; ,j -,-, OP Jeffrey C. Bemhaur ?Ia 1 y N C'' -, D racy E. Beinhaur r- 4CD Court Administrator - in btM == -_ ca i :sld ,,. METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., PLAINTIFF V. JEFFREY C. BEINHAUR AND TRACEY E. BEINHAUR, DEFENDANTS AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-7137 CIVIL TERM ORDER OF COURT ,2 day of December, 2011, following a non-jury trial held on December 21, 2011, we find as follows: 1) Plaintiff has met its burden with respect to the Defendants' breach of their obligations under the note and mortgage dated September 5, 2008. 2) Despite Defendants' argument to the contrary, Plaintiff was well within its rights under the terms of the loan documents in general, and the assignment of deposit account (Plaintiff's Exhibit D) in particular, to apply the CD account towards the principal of the loan. Therefore, we find in Plaintiffs favor and enter judgment against Defendants in the amount of $63,056.05, which includes principal, late fees and interest as of the date of trial. We further award to Plaintiff interest from the date of trial at 7%, costs and attorney's fees, the amount of which shall be submitted to the court. By the Court, Albert H. Masland, J. 1 CQ C R. Christopher VanLandingham, Esquire For Plaintiff Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekview Drive Camp Hill, PA 17011 Court Administrator - in ble NP aafu Ij saa F:Tlients\11412 Metro Bank\11412.19 Beinhaur\I 1412.19.pelidon.wpd Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff r- G C= -;? ...1 ,, r-- co tv r C) c c s3• CD -R, METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-7137 CIVIL : IN MORTGAGE FORECLOSURE PETITION FOR COURT APPROVAL OF ATTORNEY FEES AND NOW, comes Plaintiff Metro Bank f/k/a Commerce Bank/ Harrisburg N.A. ("Plaintiff'), by and through its attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and petitions the Court for approval of attorney fees as follows: 1. A non jury trial in the above-captioned action was held before this Court on December 21, 2011. 2. The Court found in favor of Plaintiff and awarded $63,056.05, interest at a rate of 7% from the date of trial, costs and attorney fees.. 3. In the Order of Court dated December 28, 2011, the Court ordered that the attorney fees will be submitted to the Court. 4. Plaintiff is interpreting that Order to mean that the Court must approve the attorney fees. 5. The actual attorney fees as of the date of this Petition for the for the above-captioned action are $7,240.00 and the costs are $1,848.72, including $1,500.00 for advanced Sheriff's Costs. 6. That attorney fee amount includes time billed by partners at a rate of $210.00 per hour, associates at a rate of $150.00 per hour, and paralegals at a rate of $45.00 per hour. 7. The total hours billed as of the date of this filing were 50.9. 8. This action was contested by Defendants and lasted over two years. 9. This action resulted in a bench trial following a failed Motion for Summary Judgment. 10. As this action was contested by Defendants, the amount of attorney fees are reasonable. WHEREFORE, Plaintiff respectfully requests this Court issue an Order approving attorney fees in the amount of $7,240.00. MARTSON L V O C S . Gi----- By: Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 23, 2012 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 MARTSON LAW OFFICES M . Price Ten E'dst High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?)-/-2-3 ftas- This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-7137 CIVIL : IN MORTGAGE FORECLOSURE ORDER I AND NOW, this d 7 of 2012, upon consideration of Plaintiff s Petition for approval of attorney fees in the above-captioned action pursuant to the Order of Court dated December 28, 2012, said Petition is hereby granted and attorney fees in the amount of $7,240.00 are hereby awarded to Plaintiff. BY E COURT: Albert H. Masland, J. Distribute to: f Christopher E. Rice, Esquire rncu --n Yn , MARTSON LAW OFFICES ;X) v -, 10 E. High Street ' ?. 6. t ' Carlisle PA 17013 -- -- Jeffrey C. Beinhaur ?Tracey E. Beinhaur - 155 Creekwood Drive , Camp Hill, PA 17011 F.1Ctients\11412 Metro BankU 1412,19 Beinhaur\11412.19.petition.wpd IX p; e5 ?L a FARLESTlientAl 1412 Metro Bank\11412.19 Beinhaur\11412,19.pra3 (? pp .1 4- p~? ? j ` ?? ?1E 1 X11.. Christopher E. Rice, Esquire E' `'i I.D. No. 90916 2012 EE8 28 Phi 15; R. Christopher VanLandingham, Esquire I.D. No. 307424 CUMBERLAU COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNSYLVANIA MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-7137 CIVIL : IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to the Order of Court dated December 28, 2011, and the Order of Court dated February 27, 2012, attached hereto, please enter judgment against the Defendants in the amount of $63,056.05, plus attorney fees in the amount of $7,240.00, for a total of $70,296.05, and interest thereafter. MARTSON LAW OFFICES Date: February . , 2012 By:-r-?z A S - Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. #/(, k" METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., PLAINTIFF V. JEFFREY C. BEINHAUR AND TRACEY E. BEINHAUR, DEFENDANTS AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 10-7137 CIVIL TERM ORDER OF COURT 'Z. .2 day of December, 2011, following a non jury trial held on December 21, 2011, we find as follows: 1) Plaintiff has met its burden with respect to the Defendants' breach of their obligations under the note and mortgage dated September 5, 2008. 2) Despite Defendants' argument to the contrary, Plaintiff was well within its rights under the terms of the loan documents in general, and the assignment of deposit account (Plaintiffs Exhibit D) in particular, to apply the CD account towards the principal of the loan. Therefore, we find in Plaintiffs favor and enter judgment against Defendants in the amount of $63,056.05, which includes principal, late fees and interest as of the date of trial. We further award to Plaintiff interest from the date of trial at 7%, costs and attorney's fees, the amount of which shall be submitted to the court. By the Court, /Z Albert H. Masland, J. 1 YQ L R. Christopher VanLandingham, Esquire For Plaintiff Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekview Drive Camp Hill, PA 17411 Court Administrator - in ble lam' Npie's +A (a I A f saa . a METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-7137 CIVIL : IN MORTGAGE FORECLOSURE ORDER AND NOW, this day of ?1r%riGV, 2012, upon consideration of Plaintiff's Petition for approval of attorney fees in the above-captioned action pursuant to the Order of Court dated December 28, 2012, said Petition is hereby granted and attorney fees in the amount of $7,240.00 are hereby awarded to Plaintiff. BY E COURT: Albert H. Masland, J. Distribute to: /Christopher E. Rice, Esquire rnc o n ' MARTSON LAW OFFICES co P -? ern ' 10 E. High Street __.j _ } PA 17013 Carlisle , Jeffrey C. Beinhaur . Beinhaur /Trace E ,, y . 155 Creekwood Drive Camp Hill, PA 17011 F:\Clients\11412 Metro Bank',11412. 19 Beinhaur\l 1412.19.petition.wpd CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekview Drive Camp Hill, PA 17011 MARTSON LAW OFFICES By: /C?" ) ?'l , Mar} M rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. FAClients\11412 Metro Bank\11412.19 Beinhaur\I 1412.19.pra.exec.wpd Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys fc)r Plaintiff ED -OFF I-„' 00nUT(}??'yy wr 21!12 FES 28 PM 4: 15 .,UMBERLANO CUU?tj t PENNSYLVANIc, METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 2010-7137 CIVIL JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue writ of execution upon a judgment entered by Order of Court in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Defendants Jeffrey C. Beinhaur and Tracey E. Beinhaur; (3) and enter this writ in the judgment index against Defendants Jeffrey C. Beinhaur ? .28.5b ' ?asF d .?` s7.g? _ K 9.2..n C, - '? (4) 1 L..SC? ,r and Tracey E. Beinhaur; as a lis pendens against real property in Cumberland County, Pennsylvania, owned by Jeffrey C. Beinhaur and Tracey E. Beinhaur, and located at 155 Creekwood Drive, Camp Hill, Pennsylvania 17011 (a copy of the legal description is attached hereto); Amount due $63,056.05 Interest from November 5, 2010, at $8.71 per day $__ Attorneys' fees Q,T?„?- $'? . as Co r6 4.L, Costs to be added $ * To be determined by the Sheriff of Cumberland County, Pennsylvania. * (5) Please attach the Affidavit Pursuant to Rule 3129.1 that Plaintiff prepared and is being filed simultaneously with this Praecipe. Certification I certify that: (a) This Praecipe is based upon a judgment entered by default, and (b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 3129.2. MARTSON LAW OFFICES By: ? A Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ;2•/ a3Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. 1 : 1...} ?.? F I .. - TIE HE =R01 Ana l3 iiA FAC1ients\11412 Metro Bank\11412,19 Beinhaur\11412.19.pra.exec.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants 2012 FE8 28 PM 4: 15 CUMBERLAND CUUN I Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-7137 CIVIL IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Upon a Default Judgment was filed the following information concerning the real property located at 155 Creekwood Drive, Camp Hill, Pennsylvania 17011 (see legal description attached hereto): 1. Name and address of owners: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 2. Names and addresses of Defendants in the judgment: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A. c/o James C. Warmbrodt, Esq. WELTMAN, WEINBERG & REIS CO. LPA 436 Seventh ave., Suite 1400 Pittsburgh, PA 15219 Chase Bank USA, N.A. 3700 Wiseman Blvd. San Antonio, TX 78251 Capital One Bank USA, N.A. c/o James C. Warmbrodt, Esq. WELTMAN, WEINBERG & REIS CO. LPA 436 Seventh ave., Suite 1400 Pittsburgh, PA 15219 Capital One Bank USA, N.A. 15000 Capital One Drive Richmond, VA 23238 Asset Acceptance, LLC c/o David R. Galloway, Esq. FULTON, FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: National City Mortgage Co. P.O. Box 8727 Dayton, OH 45401-8727 5. Name and address of every other person who has any record lien on the property: None. 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: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES . r, Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: G _ .Z _ Z Attorneys for Plaintiff r 1-HE PR, 0 TA R"t' F TILESThents\I 1412 Metro Bank\11412.19 BeinhaurA11412.19.notl.wpd Christopher E. Rice, Esquire 2912 FEB 28 PM 4: i S; I.D. No. 90916 R. Christopher VanLandingham, Esquire CUMBERLAND C'OU Ni PENNSYLVANIA I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for- Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants NO. 2010-7137 CIVIL IN MORTGAGE; FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE that the Sheriff's Sale of Real Property (Real Estate) will be held on June 6, 2012, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, located at One Courthouse Square, Carlisle, PA 17013, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 155 Creekwood Drive, Camp Hill, Pennsylvania 17011. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. v. Jeffrey C. Beinhaur and Tracey E. Beinhaur, No. 2010-7137, Court of Common Pleas, Cumberland County. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE Jeffrey C. Beinhaur and Tracey E. Beinhaur. A SCHEDULE OF DISTRIBUTION, being listed ofthe persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES Y• Christopher E. Rice, Esquire I.D. 90916 R. Christopher VanLandingham, Esquire I.D. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 02/°2` 1 a-- Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. DOCKET NO. 2010-7137 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, bounded and described s follows, to wit: BEGINNING at a point at the Southeastern corner of Lot No. 14-A, Section "B" of the Plan of Allendale, as recorded in The Cumberland County Recorder's office in Plan Book 18, page 42; thence along the Southern line of Lot No. 14-A, Section "B" of said Plan, South 75 degrees 23 minutes 08 seconds West, 30.49 feet to a pont at the Northeastern corner of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan of Allendale, South 11 degrees 05 minutes 52 seconds East, 148.31 feet to a point in the Northern line of Creekwood Drive (50 feet wide); thence along the Northern line of Creekwood Drive South 78 degrees 54 minutes 08 seconds West, 65.0 feet, more or less, to a point; thence crossing Creekwood Drive and extending along the eastern line of Lot No. 44-A, Section "B" of the Plan of Allendale, above mentioned, South 11 degrees 05 minutes 52 seconds East, 172.76 feet to a point in the bank of the Yellow Breeches Creek; thence down the Yellow Breeches Creek North 78 degrees 02 minutes East, 3 89.05 feet, more or less, to a point; thence continuing down the Yellow Breeches Creek, North 65 Degrees 09 minutes East, 140.63 feet to a point in the line of land now or formerly of National Land and Investment Company; thence along the line of said land now or formerly of National Land and Investment Company, North 71 Degrees 00 minutes West, 467.95 feet to a point; thence by the same, North 39 degrees 02 minutes 52 seconds West, 47.51 feet, more or less, to a point at the Southeastern corner of Lot No. 14-A, Section "B" on the Plan of Allendale, as recorded in the Cumberland County Recorder's Office in Plan Book 18, Page 42, first above mentioned, at the point and place of BEGINNING. BEING, the same premises which Paul T. Shearer and I. S. Eberly, Co-Partners, trading and doing business as Shearer and Eberly, by Deed dated August 14, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book W, Page 693, granted and conveyed unto Donald A. Klaiber and Jolynn M. Klaiber. AND any improvements erected thereon. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7137 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK, F/K/A COMMERCE BANK/ HARRISBURG, N.A., Plaintiff (s) From JEFFREY C. BEINHAUR AND TRACEY E. BEINHAUR (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 $63,056.05 L. L. $.50 Interest FROM 11/5/2010 AT $8.71 PER DAY Atty's Comm % Due Prothy $2.25 Atty Paid $222.44 Other Costs ATTORNEYS' FEES - $7,240.00 Plaintiff Paid Date: FEBRUARY 28, 2012 David D. Buell, Prothonotary (Seai) Deputy REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQ. Address: MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 F.\FILES\Clients\l 1412 Metro Bank\11412.19 Beinhaur\I1412.19.as -• `' `,? Christopher E. Rice, Esquire l ` I.D. No. 90916 R. Christopher VanLandingham, Esquire .( N S Y L z I.D. No. 307424 z MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street 7't Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 2010-7137 CIVIL _y F'y JEFFREY C. BEINHAUR and -'; i - TRACEY E. BEINHAUR, - Defendants IN MORTGAGE FORECLOSURE AFFIDAVIT ,.r I, R. Christopher VanLandingham, Esquire, counsel for Plaintiff in the above action, hereby certify that Notice of Sheriff's Sale of 155 Creekwood Drive, Camp Hill, Cumbrland County, Pennsylvania 17011 was served by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129.1, with the return address of the Plaintiff appearing thereon, to the following: Chase Bank USA, N.A. c/o James C. Warmbrodt, Esq. WELTMAN, WEINBERG & REIS CO. LPA 436 Seventh Ave., Suite 1400 Pittsburgh, PA 15219 Chase Bank USA, N.A. 3700 Wiseman Blvd. San Antonio, TX 78251 Capital One Bank USA, N.A. c/o James C. Warmbrodt, Esq. WELTMAN, WEINBERG & REIS CO. LPA 436 Seventh Ave., Suite 1400 Pittsburgh, PA 15219 Capital One Bank USA, N.A. 15000 Capital One Drive Richmond, VA 23238 Asset Acceptance, LLC c/o David R. Galloway, Esq. FULTON, FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 National City Mortgage Co. P.O. Box 8727 Dayton, OH 45401-8727 There are attached hereto as Exhibit "A, Certificates of Mailing, U.S. Postal Service Form 3817, confirming mailing to such entities. MARTSON LAW FFICES By: R. Christopher VanLandingham, Esquire Sworn t and subscribed before me thi; day of April, 2012, 4 4) 1,444 No a ublic COMMONWF Am OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Born, Cumberland CourttY Conxnlsslon Expires Aug. 18, 2015 NSYkVANIA ASSOCIATION OF NOTARIES U.S. POSTAL SERVICE CERTIFICATE OF M MAY BE USED FOR PROVIDE FOR INSURANCE- OSSTTMDASTER INTERNATIONAL MAIL, 00 CSI IL j Received From: q- Martson Law Offices i' 10 East High Street to r {fl f One piece of ordinary mall addressed to:Cap ital One Bank USA c/o James C. Warmbrodt, Esq. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTSQbj T AW ngFjr Q 10 East High Street HASL Carlisle PA 1701 I ?. ` One piece of ordinary mall addressed to: co ?,. 'n Chase Bank USA, N.A, fs l ° ?, ? 3700 N Wiseman Blvd. n7 < tx+ San Anton-lo, r '?j -ISb'1- 1 I VA LI { PS Form 3817, January 2001 (JS POS'r'A' :1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Martson Law Offices LE p , 10 East High Street Carlisle, PA 17U13 Ore piece of ordinary mall addressed to: National City Mortgage Co. P.O. Box 8727 Dayton, OH 45401-8727 PS Form 3817, January 2001 S '-)visCId Snl LL7 a; I: fA U.S. POSTAL SERVICE CERTIFICATE OF MAILING A sdS17 Received Fran: NIARTSON LAW OFFICES ='' ! 10 East High Street jr rL Carlisle, U) LL One Die" of ordinary mail addres"d co: f kF} ij °_ Chase Bank, USA, N.A., c/o James Warmbrodt, Esq. 436 Seventh Avenue, Suite 1400 :....L Pittsburg, PA 15219 MAY EE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER PS FORM 3E17 t'i0P0: 1917•-75U•-8i1 MAY 1976 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Receind Flom: i A ARTSON LAW OFFICES A81a post i13 0 V I. -3 0,y s,- rl poel i Post 10 East High Street L_ cI i Carlisle, PA pul Ono Pisa of ordinary mail W*o ud to: _ Capital One Bank USA, N.A. Est 15000 Capital One 'Drive Richmond, VA 23238 ?-- ?„ MAY BE USED FOR DOMESTIC AND I ER y DOI FOR INSURANCE - POSTMASTER 1 r? PS FORM y' MAY 1976 3817 _ J 0 j ?- Y`? r' •^Y ' U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY 11E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT pwnvma cne 11jaue- Received From: MAR3nMQN T A® imi-P$ 10 East Mab ski One Piece of ordinary mail addrsued to: C/o David Galloway , E Asset Acceptance, LLC 130B Gettysburg Pike Mechanicsburg, PA 17055 PS Form 3817. Januarv 2001 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 MARTSON LAW OFFICES B Y: Ma Price Dated: 6f A/l"-- F.\FILES\Chents\11412 Metro Bank\11412.19 BeinhaurV 1412.19.as2.wpd Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS ;VANI," • _ a NO. 2010-7137 CIVIL IN MORTGAGE FORECLOSURE ADDITIONAL AFFIDAVIT I, R. Christopher VanLandingham, Esquire, counsel for Plaintiff in the above action, hereby certify that Notice of Sheriff's Sale of 155 Creekwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011 was served by regular mail at the following addresses, with the return address of the Plaintiff appearing thereon, to the following: PNC Mortgage 3232 Newmark Drive Miamisburg, OH 45342 PNC Mortgage c/o Mark J. Udren, Esquire Woodcrest Corporate Center c I. ?t M 111 Woodcrest Road, Suite 200 ' Cherry Hill, NJ 08003 nC") X? ? -,-T _,1 There are attached hereto as Exhibit "A," Certificates of Mailing, U.S. Postal Service Form 3817, confirming mailing to such entities. MARTSON LAW OFFICES By: 4C Q R. Christopher VanLandingham, Esquire Sworn to and subscribed before me this ?S day of May, 2012, No Public COMMONWEALTH OF PENNSYLVANIA Notarial S681 Public Mary M. Prim Notary Pub CarNae gyro, Cumb &nd County 16, 2015 RON OF NOTARIES U.S. POSTAL SERVICE CERTIFICATE OF MAILING Receiwd From: MARTSON LAW OFFI 10 East High Street Carlisle, PA 17013 Ono piece of ordinary mail +ddre?tod to: PNC Mortgage 3232 Newmark Drive Miamisburg, OH 453W.\ MAY EE USED FOR DOMESTIC AND INTE FOR INSURANCE - POSTMASTER PS FORM 3811 MAY 1978 All Po CES PC ' Pc iASLEF? f qy 1r CJ ? " ALM mJ,S POSTAGE U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE! FOR INSURANCE4"TMASTER Received From: MAR"11119 LAW nBBiCBS 10 East HiIIhh Street HqSL = Carlisle. PA 17013 - S One piece of ordinary mail addm awed to: PNC Mortgage c/o Mark Woodcrest Corporate 111 Woodcrest Road c Cherry Hill, NJ 08001 PS Form 3817, January 2001 ?v n ;, squire .) LM r,i>ce \200 t ----ter , JJS POSTA ;.,E: LF 1 ,r CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 MARTSON LAW OFFICES By: Ma . Price i Dated: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at Cuurl?e ? d OF4i..F OF 'HC r?F:iFF r? 1 s i R /1 JU N -7 2: [1 3Er LA,,a(? C a?r? P" P N!7I'SYLYAI Jody S Smith Chief Deputy Richard W Stewart Solicitor Metro Bank vs. Jeffrey C. Beinhaur (et al.) Case Number 2010-7137 SHERIFF'S RETURN OF SERVICE 03/21/2012 02:36 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by postinc a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 155 Creekwood Drive, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 03/28/2012 03:49 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Tracey E. Beinhaur at 155 Creekwood Drive, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 03/28/2012 03:49 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jeffrey C. Beinhaur at 155 Creekwood Drive, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $996.46 June 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF v?--;;2.S f, o( -Cc- . SZ u f, w, 76, 3Y !C) 1 0Lt11t',SU1tC Sheri f. TTeieoso`t. Inc. r FAClienta\11412 Metro Bank\11412.19 Beinhaur\11412.19.pra.exa.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff L ED --o?ti?~ F I C1 E c tJf TP.E FRQ i ? ONO tAR', 2012 FEB 28 PM 4: 15 CUMBERLAND COUNTY PENNSYLVANIA METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-7137 CIVIL : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Upon a Default Judgment was filed the following information concerning the real property located at 155 Creekwood Drive, Camp Hill, Pennsylvania 17011 (see legal description attached hereto): 1. Name and address of owners: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 2. Names and addresses of Defendants in the judgment: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, Pennsylvania 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A. c/o James C. Warmbrodt, Esq. WELTMAN, WEINBERG & REIS CO. LPA 436 Seventh ave., Suite 1400 Pittsburgh, PA 15219 Chase Bank USA, N.A. 3700 Wiseman Blvd. San Antonio, TX 78251 Capital One Bank USA, N.A. c/o James C. Warmbrodt, Esq. WELTMAN, WEINBERG & REIS CO. LPA 436 Seventh ave., Suite 1400 Pittsburgh, PA 15219 Capital One Bank USA, N.A. 15000 Capital One Drive Richmond, VA 23238 Asset Acceptance, LLC c/o David R. Galloway, Esq. FULTON, FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: National City Mortgage Co. P.O. Box 8727 Dayton, OH 45401-8727 5. Name and address of every other person who has any record lien on the property: None. 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: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: _ Z, 3 _ Z Attorneys for Plaintiff . DOCKET NO. 2010-7137 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, bounded and described s follows, to wit: BEGINNING at a point at the Southeastern corner of Lot No. 14-A, Section "B" of the Plan of Allendale, as recorded in The Cumberland County Recorder's office in Plan Book 18, page 42; thence along the Southern line of Lot No. 14-A, Section "B" of said Plan, South 75 degrees 23 minutes 08 seconds West, 30.49 feet to a pont at the Northeastern corner of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan of Allendale, South 11 degrees 05 minutes 52 seconds East, 148.31 feet to a point in the Northern line of Creekwood Drive (50 feet wide); thence along the Northern line of Creekwood Drive South 78 degrees 54 minutes 08 seconds West, 65.0 feet, more or less, to a point; thence crossing Creekwood Drive and extending along the eastern line of Lot No. 44-A, Section "B" of the Plan of Allendale, above mentioned, South 11 degrees 05 minutes 52 seconds East, 172.76 feet to a point in the bank of the Yellow Breeches Creek; thence down the Yellow Breeches Creek North 78 degrees 02 minutes East, 3 89.05 feet, more or less, to a point; thence continuing down the Yellow Breeches Creek, North 65 Degrees 09 minutes East, 140.63 feet to a point in the line of land now or formerly of National Land and Investment Company; thence along the line of said land now or formerly of National Land and Investment Company, North 71 Degrees 00 minutes West, 467.95 feet to a point; thence by the same, North 39 degrees 02 minutes 52 seconds West, 47.51 feet, more or less, to a point at the Southeastern corner of Lot No. 14-A, Section "B" on the Plan of Allendale, as recorded in the Cumberland County Recorder's Office in Plan Book 18, Page 42, first above mentioned, at the point and place of BEGINNING. BEING, the same premises which Paul T. Shearer and I. S. Eberly, Co-Partners, trading and doing business as Shearer and Eberly, by Deed dated August 14, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book W, Page 693, granted and conveyed unto Donald A. Klaiber and Jolynn M. Klaiber. AND any improvements erected thereon. F:\FILES\Clients\11412 Metro Bank\11412.19 Beinhaur\11412.19.not1.wpd Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff t:!LED-0FFI E =. E THE PROTHONOTAN"i 2012 FEB 28 PM 4: 16 CUMBERLAND COUNTY PENNSYLVANIA METRO BANK, f/k/a COMMERCE BANK/HARRISBURG N.A., Plaintiff, V. JEFFREY C. BEINHAUR, and TRACEY E. BEINHAUR, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-7137 CIVIL : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE that the Sheriff's Sale of Real Property (Real Estate) will be held on June 6, 2012, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, located at One Courthouse Square, Carlisle, PA 17013, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 155 Creekwood Drive, Camp Hill, Pennsylvania 17011. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. v. Jeffrey C. Beinhaur and Tracey E. Beinhaur, No. 2010-7137, Court of Common Pleas, Cumberland County. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE Jeffrey C. Beinhaur and Tracey E. Beinhaur. A SCHEDULE OF DISTRIBUTION, being listed ofthe persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES BY: (2,1CV 4 5 2- Christopher E. Rice, Esquire I.D. 90916 R. Christopher VanLandingham, Esquire I.D. 307424 Date: 2/a-3/lam 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Metro Bank. Any information obtained will be used for that purpose. DOCKET NO. 2010-7137 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, bounded and described s follows, to wit: BEGINNING at a point at the Southeastern corner of Lot No. 14-A, Section "B" of the Plan of Allendale, as recorded in The Cumberland County Recorder's office in Plan Book 18, page 42; thence along the Southern line of Lot No. 14-A, Section "B" of said Plan, South 75 degrees 23 minutes 08 seconds West, 30.49 feet to a pont at the Northeastern corner of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan of Allendale, South 11 degrees 05 minutes 52 seconds East, 148.31 feet to a point in the Northern line of Creekwood Drive (50 feet wide); thence along the Northern line of Creekwood Drive South 78 degrees 54 minutes 08 seconds West, 65.0 feet, more or less, to a point; thence crossing Creekwood Drive and extending along the eastern line of Lot No. 44-A, Section "B" of the Plan of Allendale, above mentioned, South 11 degrees 05 minutes 52 seconds East, 172.76 feet to a point in the bank of the Yellow Breeches Creek; thence down the Yellow Breeches Creek North 78 degrees 02 minutes East, 389.05 feet, more or less, to a point; thence continuing down the Yellow Breeches Creek, North 65 Degrees 09 minutes East, 140.63 feet to a point in the line of land now or formerly of National Land and Investment Company; thence along the line of said land now or formerly of National Land and Investment Company, North 71 Degrees 00 minutes West, 467.95 feet to a point; thence by the same, North 39 degrees 02 minutes 52 seconds West, 47.51 feet, more or less, to a point at the Southeastern corner of Lot No. 14-A, Section "B" on the Plan of Allendale, as recorded in the Cumberland County Recorder's Office in Plan Book 18, Page 42, first above mentioned, at the point and place of BEGINNING. BEING, the same premises which Paul T. Shearer and I. S. Eberly, Co-Partners, trading and doing business as Shearer and Eberly, by Deed dated August 14, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book W, Page 693, granted and conveyed unto Donald A. Klaiber and Jolynn M. Klaiber. AND any improvements erected thereon. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7137 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK, F/K/A COMMERCE BANK/ HARRISBURG, N.A., Plaintiff (s) From JEFFREY C. BEINHAUR AND TRACEY E. BEINHAUR (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 $63,056.05 L.L. $.50 Interest FROM 11/5/2010 AT $8.71 PER DAY Atty's Comm % Due Prothy $2.25 Atty Paid $222.44 Other Costs ATTORNEYS' FEES - $7,240.00 Plaintiff Paid Date: FEBRUARY 28, 2012 ? ? 1) .1 ) . ( 2 David D. Buell, Prothonota ' (Seal) By. ?? Deputy RPARTY: Name CHRISTOPHER E. RICE, ESQ. Address: MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 TRUE COPY FFWM. RWORd in Testimony whbteof,-i tm wo sit my hand and the of said W-t fwftle. Pa?.--?? This Of 20 _s,) On March 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, known and numbered 155 Creewood Drive, Camp Hill, PA 17011 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2012 By: For Claudia Brewbaker, Real Estate Coordinator hG .E d bZ 0-j ZIOZ V I- ?? -i CUMBERLAND LAW JOURNAL Writ No. 2010-7137 Civil Term Metro Bank f/k/a Commerce Bank/Harrisburg N.A. VS. Jeffrey C. Beinhaur and Tracey E. Beinhaur Atty.: Christopher E. Rice ALL THAT CERTAIN tract of land, situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the Southeastern comer of Lot No. 14-A, Section "B" of the Plan of Allendale, as recorded in The Cumberland County Recorder's office in Plan Book 18, page 42; thence along the Southern line of Lot No. 14-A, Section "B" of said Plan, South 75 degrees 23 minutes 08 seconds West, 30.49 feet to a point at the Northeastern corner of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan; thence along the Eastern line of Lot No. 15-A, Section "B" of said Plan of Allendale, South 11 degrees 05 minutes 52 seconds East, 148.31 feet to a point in the Northern line of Creekwood Drive (50 feet wide); thence along the Northern line of Creekwood Drive South 78 degrees 54 minutes 08 seconds West, 65.0 feet, more or less, to a point; thence crossing Creekwood Drive and ex- tending along the eastern line of Lot No. 44-A, Section "B" of the Plan of Al- lendale, above mentioned, South 11 degrees 05 minutes 52 seconds East, 172.76 feet to a point in the bank of the Yellow Breeches Creek; thence down the Yellow Breeches Creek North 78 degrees 02 minutes East, 389.05 feet, more or less, to a point; thence continuing down the Yellow Breeches Creek, North 65 Degrees 09 minutes East, 140.63 feet to a point in the line of land now or formerly of National Land and Investment Company; thence along the line of said land now or formerly of National Land and Investment Company, North 71 Degrees 00 minutes West, 467.95 feet to a point; thence by the same, North 39 degrees 02 minutes 52 seconds West, 47.51 feet, more or less, to a point at the Southeastern comer of Lot No. 14-A, Section "B" on the Plan of Allendale, as recorded in the Cumberland County Recorder's Office in Plan Book 18, Page 42, first above mentioned, at the point and place of BEGINNING. BEING, the same premises which Paul T. Shearer and I. S. Eberly, Co- Partners, trading and doing business as Shearer and Eberly, by Deed dated August 14, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book W, Page 693, granted and conveyed unto Donald A. Klaiber and Jolynn M. Klaiber. AND any improvements erected thereon. 36 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: April 27, May 4, and May 11, 2012 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. s Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 1 da of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*ot1&Xrws 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 Holly 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 f - r said County of Dauphin in Miscellaneous Book "M" Volume 14, Page 317. of /a CTennommerce This ad ran on the date(s) shown below: Mro Bank nk 1/ f/k/ C Bank/Harrisburg N.A., VS 04/27!12 Jeffrey C. Beinhaur and 05104/12 Tracey E. Belnhaur Atty: Chrlswpher E. Rice 05/11/12 ALL THAT CERTAIN tract of land, l - situate in the Township of Lower Allen, County of Cumberland, and State of .. `, `.: •. _ ' .. Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the Swan to and subscribed 'before?me this 22?ay of May, 2012 A.D Southeastern comer of Lot No.14-A Section "B" of the Plan of Allendale, as recorded in The Cumberland County Recorder's Office in Plan Book 18, page 42; thence along the Southern line of Lot, Notary Public No. 14-A, Section "B" of said Plan, South e 75 degrees 23 minutes 08 seconds West, 30.49 feet to a point at the Northeastern , comer of Lot No.15-A, Section "B" of said Plan; thence along the Eastern line COMMONWEALTH OF PENNSYLVANIA of Lot No.15-A, Section "B" of said Notarial Seal Plan; th ce along the Eastern line of Sherrie L. Owens, Notary Public Lot No. 5-A Section "B" of said Plan of Lower Paxton Twp., Dauphin County Attend , South 11 degrees 05 minutes hty commission Expires Nov. 26, 2015 j 52 seco East, 148.31 feet to a point in MEM6ER, PFNNSYLVANT.A ASSOCIATION N NOTARIES the Northern line of Creekwood Drive (50 feet wide); thence along the Northern line of Creekwood Drive South 78 degrees 54 minutes 08 seconds West, 65.0 feet, more or less, to a point thence crossine